Luzerne County commissioners filed the suit in Lackawanna County Court, asking for a ruling on whether proceeds from a franchise sale must be paid to Luzerne County before Lackawanna County recoups its cost.

A second part of the lawsuit seeks profits generated by the Lackawanna County Multi-Purpose Stadium Authority to be shared equally with Luzerne County - money used to fund operations of the baseball team and PNC Field.

"We'll let that fly when they give $7 million to the taxpayers of Lackawanna County for expenses we've paid over the years," said Munchak, alluding to $13.9 million Lackawanna County has paid to keep the franchise in the region over the past seven years.

Majority Commissioners Mike Washo and Corey O'Brien declined to comment because the matter is in litigation. Luzerne County commissioners also declined comment, saying they want the lawsuit to speak for itself.

Ambiguous language

At issue is a paragraph in the September 1986 memorandum of agreement signed by the two counties, which says they "have been assured by all interested parties that each shall share equitably to the extent possible in the economic benefits to be generated by the operation of such franchise."

Yet the actual agreement, signed a month after that memo and in which both counties put up $1 million each to purchase the franchise, makes no mention of that paragraph, nor does it say anywhere that Luzerne County will receive half the annual profit from the team.

Former stadium authority solicitor John McGee, who drafted the documents, said Luzerne County is correctly interpreting in its lawsuit how the proceeds from a potential franchise sale were expected to be divided. But he said he disagreed with Luzerne County's interpretation of the memorandum of agreement on sharing annual proceeds.

In a letter to the stadium authority earlier this month, McGee said "...that paragraph was merely intended as a general philosophical statement that had no legal significance."

The current stadium authority solicitor, Frank Tunis, said he doesn't think the memorandum of agreement, including the paragraph the Luzerne County lawsuit alludes to, has any effect.

"Our position is they aren't entitled to any of the annual revenue," Tunis said.

Lackawanna County officials said if the stadium authority had to split its profits, it would be detrimental to managing the franchise and stadium. In its 21-year history, there has never been been profit turned over to Lackawanna County from operation of the franchise, said county Chief Financial Officer Tom Durkin.

In just the past seven years, $13.9 million in expenses have been paid by Lackawanna County taxpayers to keep the franchise operational.

If the stadium authority was forced to split its revenue with Luzerne County it would impact maintenance of the facility, "no question about it," Durkin said.

"If we decided we needed to replace two electrical boxes, and we had half the money we have, we would only be able to replace one," he said. "That's what would happen."

Munchak said he has been talking about this issue with his Republican commissioner counterpart in Luzerne County, Stephen A. Urban, for the past year. He said he believes Luzerne County will lose its lawsuit, adding "unfortunately, it is going to cost the taxpayers of our county money to defend it." he said.

cschillinger@timesshamrock.com

Suit seeks cash from team sale

If Luzerne County wants half the profit from the sale of the Triple-A baseball franchise, it should fork over payment for half of the expenses over the last 21 years, Lackawanna County minority Commissioner A.J. Munchak said in response to a lawsuit filed Monday.

Luzerne County commissioners filed the suit in Lackawanna County Court, asking for a ruling on whether proceeds from a franchise sale must be paid to Luzerne County before Lackawanna County recoups its cost.

A second part of the lawsuit seeks profits generated by the Lackawanna County Multi-Purpose Stadium Authority to be shared equally with Luzerne County - money used to fund operations of the baseball team and PNC Field.

"We'll let that fly when they give $7 million to the taxpayers of Lackawanna County for expenses we've paid over the years," said Mr. Munchak, alluding to $13.9 million Lackawanna County has paid to keep the franchise in the region over the past seven years.

Majority Commissioners Mike Washo and Corey O'Brien declined to comment because the matter is in litigation. Luzerne County commissioners also declined comment, saying they want the lawsuit to speak for itself.

At issue is a paragraph in the September 1986 memorandum of agreement signed by the two counties, which says they "...have been assured by all interested parties that each shall share equitably to the extent possible in the economic benefits to be generated by the operation of such franchise."

Yet the actual agreement, signed a month after that memo and in which both counties put up $1 million each to purchase the franchise, makes no mention of that paragraph, nor does it say anywhere that Luzerne County will receive half the annual profit from the team.

Former stadium authority solicitor John McGee, who drafted the documents, said Luzerne County is correctly interpreting in its lawsuit how the proceeds from a potential franchise sale were expected to be divided. But he said he disagreed with Luzerne County's interpretation of the memorandum of agreement on sharing annual proceeds.

In a letter to the stadium authority earlier this month, Mr. McGee said "...that paragraph was merely intended as a general philosophical statement that had no legal significance."

The current stadium authority solicitor, Frank Tunis, said he doesn't think the memorandum of agreement, including the paragraph the Luzerne County lawsuit alludes to, has any effect.

"Our position is they aren't entitled to any of the annual revenue," Mr. Tunis said.

Lackawanna County officials said if the stadium authority had to split its profits, it would be detrimental to managing the franchise and stadium. In its 21-year history, there has never been been profit turned over to Lackawanna County from operation of the franchise, said county Chief Financial Officer Tom Durkin.

In just the past seven years, $13.9 million in expenses have been paid by Lackawanna County taxpayers to keep the franchise operational.

If the stadium authority was forced to split its revenue with Luzerne County it would impact maintenance of the facility, "no question about it," Mr. Durkin said.

Mr. Munchak said he believes Luzerne County will lose its lawsuit, adding "unfortunately, it is going to cost the taxpayers of our county money to defend it."

Contact the writer: cschillinger@timesshamrock.com

Luzerne County commissioners filed a lawsuit against Lackawanna County and the Lackawanna County Multi-Purpose Stadium Authority to enforce their belief that Luzerne is entitled to half of the "gross proceeds" of any sale of the triple-A baseball franchise.

While Lackawanna County does not comment on litigation, it has previously indicated an October 1986 agreement entitles Luzerne County to "net proceeds," or rather, the profits after Lackawanna County deducts almost $14 million it has put into the franchise. The 1986 agreement, in which both counties put up $1 million each to purchase franchise, doesn't define "proceeds" as either gross or net.

SWB Yankees, a company co-owned by Mandalay Baseball Properties and the New York Yankees, was given the right to purchase the triple-A franchise in a 2007 agreement signed by former Lackawanna County commissioner Robert C. Cordaro that brought the Scranton/ Wilkes-Barre Yankees to PNC Field.

Mr. Rendell said last month he was willing to commit $20 million to a major renovation of PNC Field - but added he believed the Lackawanna County Multi-Purpose Stadium Authority should agree to the sale of the franchise and use the proceeds to match state funding.

However, as a result of the legal dispute over the sale proceeds, potentially half of $13 million that SWB Yankees would have to pay for the franchise if it exercised a purchase option in the next month could go to Luzerne County - or at least be held back until the dispute was settled.

There has been resistance from some community leaders, who say while the sale might help remake the stadium, there is little to no guarantee the team won't leave after 2014.

Mr. Rendell is still willing to commit the $20 million, said press secretary Gary Tuma, but a local match commitment was key to it.

"If the local match is truly at risk because of the Luzerne County position, then that would be an impediment to the release of the money," Mr. Tuma said. "Something would have to be worked out up there."

Asked if the governor's plan was taken into consideration before filing its lawsuit, Luzerne County Commissioner Chairwoman Maryanne Petrilla said "absolutely." But she said her county has an interest only in the franchise - not the stadium. She isn't sure why Luzerne County taxpayers should pay for part of the stadium rehabilitation.

"If Gov. Rendell wants to give $20 million and Lackawanna County can't find the resources to match that grant, I don't see what that has to do with Luzerne County," she said, pointing out she doubted Lackawanna would offer $6.5 million toward renovating Mohegan Sun Arena, home of the local ice hockey franchise.

"Obviously we want to keep baseball in our region," Ms. Petrilla said. "I realize that takes teamwork, but at the same time I have an obligation to the taxpayers of Luzerne County to protect their proprietary interest."

How "proceeds" is defined in the 1986 agreement will likely come down to testimony on how the agreement was drawn up, said attorney Michael Reed, a public contracting expert from Harrisburg.

The court must first see if it can determine the meaning of proceeds from the agreement, he said. If it can't, and if other avenues are exhausted, Mr. Reed said the court will "look to things like letters back and forth, testimony from either parties of what the negotiations were."

"In this case, it is fairly likely it come down to that," Mr. Reed said.

The draftee of the agreement was the former solicitor to the stadium authority, John McGee. He wrote in a memo earlier this month to the stadium authority - and still believes is accurate - that Luzerne County's interpretation of the intent of the agreement was accurate.

The current stadium authority solicitor, Frank Tunis, said he had not yet had the opportunity to review the lawsuit, but indicated there would likely be a special meeting soon to address the issue. He did, however, say Luzerne County's lawsuit - seeking an answer on determining if it is owed half the proceeds of the sale - appears to be premature.

"The franchise has not been sold," Mr. Tunis said.

The stadium authority has not made a decision on whether it will challenge the sale of the franchise, though Mr. Tunis said Luzerne County's suit doesn't help.

"Any lawsuit is going to complicate things we're trying to do on our end, no matter what the stadium authority decides," he said. "But Luzerne County has been talking about this for some time, so it doesn't come as much of a surprise."

If Lackawanna County Court determines the intent of the agreement was "net proceeds," then Luzerne County could potentially see no money from the sale. Lackawanna County Chief Financial Officer Tom Durkin said the county has subsidized operating expenses and improvements to keep the franchise local to the tune of $13,850,454 just in the last seven years.

Contact the writer:

cschillinger@timesshamrock.com

Luzerne County commissioners filed a lawsuit against Lackawanna County and the Lackawanna County Multi-Purpose Stadium Authority to enforce their belief that Luzerne is entitled to half of the "gross proceeds" of any sale of the triple-A baseball franchise.

While Lackawanna County does not comment on litigation, it has previously indicated an October 1986 agreement entitles Luzerne County to "net proceeds," or rather, the profits after Lackawanna County deducts almost $14 million it has put into the franchise. The 1986 agreement, in which both counties put up $1 million each to purchase the franchise, doesn't define "proceeds" as either gross or net.

SWB Yankees, a company co-owned by Mandalay Baseball Properties and the New York Yankees, was given the right to purchase the triple-A franchise in a 2007 agreement signed by former Lackawanna County commissioner Robert C. Cordaro that brought the Scranton/Wilkes-Barre Yankees to PNC Field.

Rendell said last month he was willing to commit $20 million to a major renovation of PNC Field - but added he believed the Lackawanna County Multi-Purpose Stadium Authority should agree to the sale of the franchise and use the proceeds to match state funding.

However, as a result of the legal dispute over the sale proceeds, potentially half of $13 million that SWB Yankees would have to pay for the franchise if it exercised a purchase option in the next month could go to Luzerne County - or at least be held back until the dispute is settled.

There has been resistance from some community leaders, who say while the sale might help remake the stadium, there is little to no guarantee the team won't leave after 2014.

Rendell is still willing to commit the $20 million, said press secretary Gary Tuma, but a local match commitment was key to it.

"If the local match is truly at risk because of the Luzerne County position, then that would be an impediment to the release of the money," Tuma said. "Something would have to be worked out up there."

Asked if the governor's plan was taken into consideration before the lawsuit was filed, Luzerne County Commissioner Chairwoman Maryanne Petrilla said "absolutely." But she said her county has an interest only in the franchise - not the stadium. She isn't sure why Luzerne County taxpayers should pay for part of the stadium rehabilitation.

"If Gov. Rendell wants to give $20 million and Lackawanna County can't find the resources to match that grant, I don't see what that has to do with Luzerne County," she said, pointing out she doubted Lackawanna County would offer $6.5 million toward renovating Mohegan Sun Arena, home of the local ice hockey franchise.

"Obviously we want to keep baseball in our region," Petrilla said. "I realize that takes teamwork, but at the same time I have an obligation to the taxpayers of Luzerne County to protect their proprietary interest."

How "proceeds" is defined in the 1986 agreement will likely come down to testimony on how the agreement was drawn up, said attorney Michael Reed, a public contracting expert from Harrisburg.

The court must first see if it can determine the meaning of proceeds from the agreement, he said. If it can't, and if other avenues are exhausted, Reed said the court will "look to things like letters back and forth, testimony from either parties of what the negotiations were."

"In this case, it is fairly likely it will come down to that," Reed said.

The draftee of the agreement was the former solicitor to the stadium authority, John McGee. He wrote in a memo earlier this month to the stadium authority - and still believes is accurate - that Luzerne County's interpretation of the intent of the agreement was accurate.

The current stadium authority solicitor, Frank Tunis, said he had not yet had the opportunity to review the lawsuit, but indicated there would likely be a special meeting soon to address the issue. He did, however, say Luzerne County's lawsuit - seeking an answer on determining if it is owed half the proceeds of the sale - appears to be premature.

"The franchise has not been sold," Tunis said.

The stadium authority has not made a decision on whether it will challenge the sale of the franchise, though Tunis said Luzerne County's suit doesn't help.

"Any lawsuit is going to complicate things we're trying to do on our end, no matter what the stadium authority decides," he said. "But Luzerne County has been talking about this for some time, so it doesn't come as much of a surprise."

If Lackawanna County Court determines the intent of the agreement was "net proceeds," then Luzerne County could potentially see no money from the sale. Lackawanna County Chief Financial Officer Tom Durkin said the county has subsidized operating expenses and improvements to keep the franchise local to the tune of $13,850,454 just in the last seven years.

cschillinger@timesshamrock.com

Luzerne County Commissioners filed a lawsuit against Lackawanna County and the Lackawanna County Multi-Purpose Stadium Authority to enforce their belief that Luzerne is entitled to half of the "gross proceeds" of any sale of the triple-A baseball franchise.

While Lackawanna County does not comment on litigation, it has previously indicated an October 1986 agreement entitles Luzerne County to "net proceeds," or rather, the profits after Lackawanna County deducts almost $14 million it has put into the franchise. The 1986 agreement, in which both counties put up $1 million each to purchase franchise, doesn't define "proceeds" as either gross or net.

SWB Yankees, a company co-owned by Mandalay Baseball Properties and the New York Yankees, was given the right to purchase the triple-A franchise in a 2007 agreement signed by former Lackawanna County commissioner Robert C. Cordaro that brought the Scranton/Wilkes-Barre Yankees to PNC Field.

Rendell said last month he was willing to commit $20 million to a major renovation of PNC Field - but added he believed the Lackawanna County Multi-Purpose Stadium Authority should agree to the sale of the franchise and use the proceeds to match state funding.

However, as a result of the legal dispute over the sale proceeds, potentially half of $13 million that SWB Yankees would have to pay for the franchise if it exercised a purchase option in the next month could go to Luzerne County - or at least be held back until the dispute was settled.

There has been resistance from some community leaders, who say while the sale might help remake the stadium, there is little to no guarantee the team won't leave after 2014.

Rendell is still willing to commit the $20 million, said press secretary Gary Tuma, but a local match commitment was key to it.

"If the local match is truly at risk because of the Luzerne County position, then that would be an impediment to the release of the money," Tuma said. "Something would have to be worked out up there."

Asked if the governor's plan was taken into consideration before filing its lawsuit, Luzerne County Commissioner Chairwoman Maryanne Petrilla said "absolutely." But she said her county has an interest only in the franchise - not the stadium. She isn't sure why Luzerne County taxpayers should pay for part of the stadium rehabilitation.

"If Gov. Rendell wants to give $20 million and Lackawanna County can't find the resources to match that grant, I don't see what that has to do with Luzerne County," she said, pointing out she doubted Lackawanna would offer $6.5 million toward renovating Mohegan Sun Arena, home of the local ice hockey franchise.

"Obviously we want to keep baseball in our region," Ms. Petrilla said. "I realize that takes teamwork, but at the same time I have an obligation to the taxpayers of Luzerne County to protect their proprietary interest."

How "proceeds" is defined in the 1986 agreement will likely come down to testimony on how the agreement was drawn up, said attorney Michael Reed, a public contracting expert from Harrisburg.

The court must first see if it can determine the meaning of proceeds from the agreement, he said. If it can't, and if other avenues are exhausted, Reed said the court will "look to things like letters back and forth, testimony from either parties of what the negotiations were."

"In this case, it is fairly likely it come down to that," Reed said.

The draftee of the agreement was the former solicitor to the stadium authority, John McGee. He wrote in a memo earlier this month to the stadium authority - and still believes is accurate - that Luzerne County's interpretation of the intent of the agreement was accurate.

The current stadium authority solicitor, Frank Tunis, said he had not yet had the opportunity to review the lawsuit, but indicated there would likely be a special meeting soon to address the issue. He did, however, say Luzerne County's lawsuit - seeking an answer on determining if it is owed half the proceeds of the sale - appears to be premature.

"The franchise has not been sold," Tunis said.

The stadium authority has not made a decision on whether it will challenge the sale of the franchise, though Tunis said Luzerne County's suit doesn't help.

"Any lawsuit is going to complicate things we're trying to do on our end, no matter what the stadium authority decides," he said. "But Luzerne County has been talking about this for some time, so it doesn't come as much of a surprise."

If Lackawanna County Court determines the intent of the agreement was "net proceeds," then Luzerne County could potentially see no money from the sale. Lackawanna County Chief Financial Officer Tom Durkin said the county has subsidized operating expenses and improvements to keep the franchise local to the tune of $13,850,454 just in the last seven years.

cschillinger@timesshamrock.com

A local construction company has filed suit against Lackawanna County and others, accusing them of not paying the tab on a sidewalk project in Clarks Summit.

Dickson City-based Valvano Construction claims it is owed $108,736 for a 2009 sidewalk project on Bedford Street. The suit, filed Aug. 20, is charging breach of contract, fraud and unjust enrichment against the county, Clarks Summit borough and the project engineer, Pittston-based Midlantic Engineering.

Valvano received notice it had been awarded the Community Development Block Grant contract for $100,021 on March 25, 2009.

Valvano alleges that the additional asphalt had been requested to bring driveways up to level with sidewalks as part of the project. It's not clear from the lawsuit who made the request, and Valvano's attorney, James J. Conaboy, was unavailable for comment.

Officials with the county, which manages Community Development Block Grant projects, declined to comment.

With the additional work, Valvano states in its suit that the total cost of the project rose to $215,700, though it agreed to adjust the cost to $187,000. To date, only $78,264 has been paid, according to the suit.

Contact the writer: cschillinger@timesshamrock.com

The report found 0.8 percent of inmates at the county prison in that time period were victims of nonconsensual sexual acts. Nationally, 2 percent of inmates in county jails reported being raped or sexually assaulted.

The report found that 3.5 percent of the 231 inmates surveyed reported "sexual victimization" - sexual activity, willing or unwilling, as well as touching in a sexual manner - at the county prison. The national average for county jails is 3.1 percent, according to the report. Of the 14 county jails in Pennsylvania included in the survey, eight exceeded the national average.

In an e-mail, Warden Janine Donate said the county prison takes the issue seriously, though she pointed out the survey represents "anonymous and private inmate interviews and do not necessarily represent the number of reported incidents."

"The Lackawanna County Prison administration is aware of the seriousness of inmate sexual victimization and is sensitive to the necessity for prompt response upon a reported incident," said Mrs. Donate.

Federal inmate Nicholas Pinto, recently the victim of a near-death assault, alleged that he was raped at the prison in 2008. Mrs. Donate previously said there was no conclusive evidence Mr. Pinto was raped. The alleged assault was not reported until 2009.

The Rev. Kathryn Simmons, a prison ministry volunteer for almost two decades, said she was surprised by the numbers from the survey. She said she believes it underestimates the problem at Lackawanna County Prison.

"A lot (of inmates) aren't going to be honest, because they don't want people to know what they did," she said.

To improve conditions, she suggested the county hire more correctional officers and add a pastoral counselor position eliminated in 2009.

"Until you get more (correctional officers), there's only so much they can do," she said. "It's a sad situation."

Contact the writer: cschillinger@timesshamrock.com

Facility Inmates in custody Percent Reporting Sexual Victimization*

Nationally N/A 3.1 percent

Lackawanna County Prison 860 3.5 percent

Dauphin County Prison 913 3.7 percent

Chester County Prison 965 1.1 percent

Monroe County Corr. Facility 376 0.8 percent

* Sexual victimization is defined as all types of willing and unwilling sexual activity, as well as touching in a sexual manner.

Facility Percentage of incidents Pencentage of incidents

involving another inmate involving facility staff

Nationally 1.5 percent 2 percent

Lackawanna County Prison 2.7 percent 0.8 percent

Dauphin County Prison 1.3 percent 2.9 percent

Chester County Prison 1.1 percent 0 percent

Monroe County .8 percent 0 percent

SOURCE: U.S. Department of Justice Prison assault reports

Facility Inmates % Reporting Sexual Victimization*

Nationally N/A 3.1 percent

Lackawanna County Prison 860 3.5 percent

Dauphin County Prison 913 3.7 percent

Chester County Prison 965 1.1 percent

Monroe County Correctional Facility 376 0.8 percent

* Sexual victimization is defined as all types of willing and unwilling sexual activity, as well as touching in a sexual manner.

Facility % involving % involving other inmates staff

Nationally 1.5 percent 2 percent

Lackawanna County Prison 2.7 percent 0.8 percent

Dauphin County Prison 1.3 percent 2.9 percent

Chester County Prison 1.1 percent 0 percent

Monroe County 0.8 percent 0 percent

Majority commissioners nixed a $1 million federal stimulus loan that would have been used toward a $2.3 million renovation project in Carbondale that Mayor Justin Taylor is pursuing as a private citizen.

Commissioner Mike Washo said an elected official should know better than to apply in a developer's capacity for a government-subsidized loan.

Mr. Taylor said a county employee had given him verbal approval a week before the commissioners rejected it, and that the commissioners should not have overridden guidelines for the county program, which did not prohibit an elected official from applying for the bond.

At issue is an application Lapera-Taylor Development, which is owned solely by Mr. Taylor, submitted to the county Recovery Zone Bond Program for a federal stimulus-funded loan. Mr. Taylor is looking to renovate the vacant J.J. Newberry Building in downtown Carbondale into office space for Northwestern Human Services, a mental health services provider.

The mayor said he could see how someone might see him receiving the award as inside politics, but he added the project "has nothing to do with me as the mayor."

"Now it looks like the reverse of inside politics. They (majority commissioners) don't like me because they're worried I'm going to run against them, so they don't want to give me a loan," said Mr. Taylor, who has previously hinted he might run for commissioner.

Mr. Washo said awarding the low-interest loan to an elected official would have tainted the program.

"I don't think the public could have any confidence in a program that a public official could see direct benefit from. I would think a public official would know in advance that he or she should not apply to a public program that would enrich them," Mr. Washo said. "We're less concerned with what an elected official - no matter how much respect we have for that person - might think than what the taxpayer would say."

Mr. Taylor said he is financing the project on his own and he has not applied for any city economic development money that might have been available.

Mr. Washo said the decision to reject the application wasn't done unilaterally by the majority commissioners. He said they conferred with county chief of staff Maria Elkins and county Redevelopment Authority board member Andrew C. Skrip.

"They both concurred with the action," Mr. Washo said.

While concerned about Mr. Taylor mixing public and private roles with the development, Mr. Washo said they also were concerned because the building's potential tenant receives as much as $8 million in funding through county programs.

Government watchdog Tim Potts of Democracy Rising Pennsylvania said as a general rule public officials shouldn't be applying for public money for their own use, even as a private enterprise.

"It appropriately raises red flags. Even if it is on the up and up, what it does is it undermines citizen confidence," Mr. Potts said.

Of the five private developers who applied for low-interest loans, the two rejected, including Lapera-Taylor Development, were from Carbondale. Dickson City developer Daniel Siniawa requested $2 million for a $12.4 million plan to build a six-story hotel, conference center, retail shops and restaurant in Carbondale.

Contact the writer:

cschillinger@timesshamrock.com

Attorney David Solfanelli, who was hired Monday to represent the prison board, said Wednesday he will withdraw his representation of CEP Services in a 2009 breach of contract lawsuit against Lackawanna County. He was abruptly hired Monday by the prison board with no hiring process, contract or terms of compensation worked out.

"I'm going to disassociate myself with that" lawsuit, said Mr. Solfanelli when asked about the possible conflict. "I don't think it's a conflict, but out of an overabundance of caution, I'm going to remove myself from that."

CEP Services alleges it is owed $272,560 from five unpaid change orders while working as construction manager of the Lackawanna County Courthouse renovations. CEP Services was hired in 2004 by then-majority Commissioners Robert C. Cordaro and A.J. Munchak, but, according to the lawsuit, current majority Commissioners Mike Washo and Corey O'Brien have refused to pay for the change orders.

Records the company had on the project have been seized by the FBI, county officials have previously said, and it's unclear who might have approved the change orders. Mr. Cordaro and Mr. Munchak have been indicted by a federal grand jury on charges involving corruption and kickbacks from contractors.

Mr. Washo, chairman of the prison board, said he was unaware of the conflict and referred questions to county solicitor John O'Brien.

The solicitor said it is their policy not to have someone representing the county who is suing the county at the same time. Mr. O'Brien couldn't say whether there was a conflict in this situation.

"The problem wouldn't be (Mr. Solfanelli's) representation on the prison board, but might be him being paid by the county," Mr. O'Brien said. "I respect his decision, (to withdraw from the lawsuit) and I think it's a good idea."

Mr. Washo acknowledged issues like this are what commissioners try to avoid by contracting professional services through a request-for-qualification process. The commissioners only represent three of seven votes on the prison board.

"Certainly, the system (commissioners') use affords the opportunity to give thoughtful consideration to anyone we select," Mr. Washo said. "But the majority of the (prison) board conveyed a sense of urgency and came with a recommendation to take an action and I respect that."

Prison board members District Attorney Andy Jarbola and county Judge Michael J. Barrasse made the motion to appoint Mr. Solfanelli as board solicitor. Both said the prison board needed independent legal counsel given a recent assault at Lackawanna County Prison being reviewed by the state and a potential federal civil rights lawsuit that could be filed. Mr. O'Brien previously represented the board.

On Aug. 8, inmate Nicholas Pinto was allegedly assaulted and had his head stomped on at least 15 times at the prison by another inmate, Michael Simonson, who should not have had access to him, police said.

Mr. Solfanelli, who was unanimously approved by the prison board, has worked for some of its members. He interned during law school for Mr. Jarbola's office, was a law clerk for Judge Barrasse and previously represented county Controller Ken McDowell, when Scranton City Council subpoenaed him related to his actions as Scranton Tax Collector.

No application process is required for a professional service such as a solicitor. But a government watchdog Tim Potts of Democracy Rising Pennsylvania said such a process should happen whenever taxpayers money is involved.

"It is the only way to ensure there isn't something nefarious there," Mr. Potts said. "They (the prison board) obviously have absolutely no regard for the citizens who are paying the bill. They're treat them like walking wallets."

Contact the writer: cschillinger@timesshamrock.com

Improvements worth more than $65M

A half-dozen economic development projects have received a small boost through $10 million in federal stimulus bonds doled out by Lackawanna County.

The projects represent $65.8 million in improvements in Lackawanna County. By far the largest is an approximate $52 million planned remake of the Scranton Lace building announced two years ago.

In the short two-week window for developers to apply for the Lackawanna County Recovery Zone Bond Program, 12 projects seeking $30 million sought out the tax-exempt, low-interest bonds. The county required a quick turn around because bonds, which can take several months and involves public hearings, must be issued by Dec. 31 or the money can't be used, said Bill Coleman, county deputy director of planning and economic development.

Because the projects are stimulus-funded, the program requires projects be completed within two years of the closing on the loan. There was $4.1 million available to public agencies and $6.2 available to private developers.

The county said recipients are:

- Lackawanna County Redevelopment Authority, $1.5 million for public infrastructure for a new development in Old Forge where a private developer plans to build housing on the site. Total project cost for infrastructure is $1.7 million.

- Lakeland School District, $1 million to acquire the former St. Rose Academy facility in Mayfield, which is expected to cost is $4 million.

- Dickson City, $1.6 million for the expansion of the Dickson City Civic Center, the full cost of the project.

- Lace Building Affiliates, $2.2 million for rehabilitation of a 650,000-square-foot former Lace Mill in Scranton to a retail and service establishment. Total project cost is approximately $52 million.

- Green Ridge Health Care Center, $3 million for development of a 60-bed assisted living facility in Scranton. Total project cost is $5 million.

- Stop Fire Group, $1 million for development of a former Moosic Hose Company facility to an 18,000-square-foot medical facility. Total project cost is $1.5 million.

For developer Stop Fire Group, the stimulus funding took apprehension out of financing the project, said John Minora, an attorney representing the project. They had a commitment, but were concerned about interest rates remaining steady.

"This was the lynch pin that we needed," Mr. Minora said. "The county and commissioners deserve a lot of credit for making this happen."

Joe Casey, land development director for Lace Building Affiliates, said they were thrilled with the helping hand in renovating the Scranton Lace building - where Secretary of State Hillary Clinton's father once worked.

"An old industrial building like this, it requires private and public partnerships to get the project off the ground," he said.

Contact the writer: cschillinger@timesshamrock.com

SWB Yankees LLC wants the state's highest court to overturn a Commonwealth Court ruling which found the Right to Know Law applies to a company contracted to manage the publicly owned baseball team.

Times-Shamrock Newspapers requested the records in January 2009 and has won an administrative appeal from the Office of Open Records and appeals at the Lackawanna County Court and Commonwealth Court levels.

The dispute surrounds a concessions contract awarded to Legends Hospitality Management, a company co-owned by the New York Yankees. Legends was selected by SWB Yankees LLC, the management partnership co-owned by the New York Yankees and Mandalay Baseball Properties.

SWB Yankees has refused to release documentation related to the bidding of the contract, which could reveal whether taxpayers are getting the best deal.

SWB Yankees filed a petition for allowance of appeal with the Supreme Court on Aug. 20. The petition doesn't guarantee the court will hear the case.

J. Timothy Hinton Jr., who represents The Times-Tribune, said "SWB is batting zero-for-three at this."

"The petition for allowance is really a rehash of the same argument that SWB has made on three prior occasions," he said.

Team president Kristen Rose declined to comment on the appeal.

SWB Yankees has argued its role as a team manager is a proprietary role, not a "governmental function." Records of a vendor to a public agency - in this case, the Lackawanna County Multi-Purpose Stadium Authority - are public when related to the governmental function it is performing for the agency, according to the 2009 Right to Know Law. SWB Yankees has been contracted by the stadium authority to manage PNC Field and the triple-A franchise.

cschillinger@timesshamrock.com

In concluding its meeting, which lasted six hours and spanned three days, the Lackawanna County Prison Board met with team leaders from the Department of Corrections to discuss the scope of the state review, said majority Commissioner Mike Washo and the prison board's chairman.

"We asked them, look at everything, from the incident to the operations of the prison. Everything they believe needs to be looked at and which we believe needs to be looked at," Mr. Washo said.

A state investigation into the operations of Lackawanna County Prison is expected to take about six weeks to complete. The Department of Corrections team will be led by James C. Barnacle, director of the office of professional responsibility, and Dan Keen, the director of county inspections and evaluations for the Office of County Inspection and Services.

The investigation comes following a brutal assault of federal inmate Nicholas Pinto on Aug. 8. Mr. Pinto, a protective-custody inmate, had his head stomped at least 15 times allegedly by Michael Simonson, who should not have had access to him, according to police.

The board meeting concluded with no decision made on an internal investigation with regard to prison ministry director the Rev. William Pickard. He is accused of pushing a corrections officer at Community Medical Center while trying to visit Mr. Pinto.

The prison has told the Rev. Pickard not to come to the prison until the investigation is complete.

The Rev. Pickard wrote a letter March 30 to county commissioners saying he feared for Mr. Pinto's safety.

Mr. Washo and Warden Janine Donate said the board has not yet discussed the matter.

Sgt. Bill Shanley, president of the prison employees union, said Father Pickard should be allowed back into the prison.

The officer involved in the incident told Sgt. Shanley that Father Pickard became aggressive, but the union president said he believes anything the priest might have done was because he wanted to be able to pray for Mr. Pinto.

"I would like to see him (Father Pickard) allowed back in. He's another watchdog for us," Sgt. Shanley said, indicating if the prison says its operations are "transparent," then they shouldn't have an issue with Father Pickard doing his work.

Father Pickard declined to comment, indicating his hope the matter can be resolved.

Meanwhile, the prison board's solicitor David Solfanelli attended his first meeting Tuesday. Both he and Mr. Washo said no contract or compensation has been agreed to yet. Mr. Solfanelli was hired abruptly Monday morning.

"We will work on that," Mr. Washo said.

Contact the writer: cschillinger@timesshamrock.com

Company told to open its records

The management company for the Scranton/Wilkes-Barre Yankees has appealed to the state Supreme Court a ruling that ordered it to make public its records on concessions.

SWB Yankees LLC wants the state's highest court to overturn a Commonwealth Court ruling that found the Right to Know Law applies to a company contracted to manage the publicly owned baseball team.

The Times-Tribune requested the records in January 2009 and has won an administrative appeal from the Office of Open Records and appeals at the Lackawanna County Court and Commonwealth Court levels.

The dispute surrounds a concessions contract awarded to Legends Hospitality Management, a company co-owned by the New York Yankees. Legends was selected by SWB Yankees LLC, the management partnership co-owned by the New York Yankees and Mandalay Baseball Properties.

SWB Yankees has refused to release documentation related to the bidding of the contract, which could reveal whether taxpayers are getting the best deal.

SWB Yankees filed a petition for allowance of appeal with the state Supreme Court on Aug. 20. The petition doesn't guarantee the court will hear the case.

J. Timothy Hinton Jr., who represents The Times-Tribune, said "SWB is batting zero-for-three at this."

"The petition for allowance is really a rehash of the same argument that SWB has made on three prior occasions," he said. "I believe the Supreme Court will have no problem in affirming the lower court's decision."

Team President Kristen Rose declined to comment on the appeal.

SWB Yankees has argued its role as a team manager is a proprietary role, not a "governmental function." Records of a vendor to a public agency - in this case, the Lackawanna County Multi-Purpose Stadium Authority - are public when related to the governmental function it is performing for the agency, according to the 2009 Right to Know Law. SWB Yankees has been contracted by the stadium authority to manage PNC Field and the triple-A franchise.

There are seven other pending cases before the state Supreme Court related to the 2009 Right to Know Law.

Contact the writer: cschillinger@timesshamrock.com

In concluding its meeting, which lasted six hours and spanned three days, the Lackawanna County Prison Board met with team leaders from the Department of Corrections to discuss the scope of the state review, said majority Commissioner Mike Washo and the prison board's chairman.

"We asked them, look at everything, from the incident to the operations of the prison. Everything they believe needs to be looked at and which we believe needs to look at," Washo said.

A state investigation into the operations of Lackawanna County Prison is expected to take about six weeks to complete.

The Department of Corrections team will be led by James C. Barnacle, director of the office of professional responsibility, and Dan Keen, the director of county inspections and evaluations for the Office of County Inspection and Services.

The investigation comes following a brutal assault of federal inmate Nicholas Pinto on Aug. 8. Pinto, a protective-custody inmate, had his head stomped at least 15 times by Michael Simonson, who should not have had access to him, according to police.

The board meeting concluded with no decision made on an internal investigation with regard to prison ministry director the Rev. William Pickard. He is accused of pushing a corrections officer at Community Medical Center while trying to visit Pinto.

The prison has told the Rev. Pickard not to come to the prison until the investigation is complete.

The Rev. Pickard wrote a letter March 30 to county commissioners saying he feared for Pinto's safety.

Washo and Warden Janine Donate said the board has not discussed the matter yet.

Sgt. Bill Shanley, president of the prison employees' union, said the Rev. Pickard should be allowed back into the prison.

The officer involved in the incident told Sgt. Shanley that the Rev. Pickard became aggressive, but the union president said he believes anything the priest might have done was because he wanted to be able to pray for Pinto.

"I would like to see him (the Rev. Pickard) allowed back in. He's another watchdog for us," Shanley said, indicating if the prison says its operations are "transparent," then they shouldn't have an issue with the Rev. Pickard doing his work.

The Rev. Pickard declined to comment, indicating his hope the matter can be resolved.

Meanwhile, the prison board's solicitor David Solfanelli attended his first meeting Tuesday. Both he and Washo said no contract or compensation has been agreed to yet.

Solfanelli was hired abruptly Monday morning.

"We will work on that," Washo said.

cschillinger@timesshamrock.com

Nicholas Pinto has been moved to a long-term acute care facility, said Patrick M. Rogan, the attorney representing Pinto and his family. He declined to name the facility.

Pinto remains in critical condition, Rogan said.

A protective-custody inmate, Pinto was knocked to the ground, and then punched and kicked and had his head stomped at least 15 times, police said. Inmate Michael Simonson, who is accused of the assault and has been charged with attempted criminal homicide, should not have had access to Pinto, police said.

David Solfanelli will begin serving as legal counsel to the seven-member board immediately - although neither the board nor the commissioners agreed to any contract or compensation for the work. The position is not budgeted because county solicitor John O'Brien, who is a salaried employee, has handled the work.

District Attorney Andy Jarbola, a prison board member, made the motion to hire Mr. Solfanelli, with county Judge Michael J. Barrasse seconding. Mr. Jarbola indicated it was discussed during an executive session last week, though several of the board members were caught off guard by the move.

"We're looking at the situation we're dealing with; we're looking at media coverage that Mr. Pinto has already hired counsel that's going to probably wind up suing not only the prison board, the county, but the guards out there and everything else," Mr. Jarbola said.

Patrick M. Rogan was retained by the family of Nicholas Pinto and Mr. Pinto after the federal inmate was assaulted by another inmate on Aug. 8 at Lackawanna County Prison. Mr. Pinto, a protective-custody inmate, had his head stomped at least 15 times allegedly by Michael Simonson, who should not have had access to him, according to police.

Mr. Rogan said he is preparing a federal civil rights lawsuit related to the beating. He said he visited his client at Community Medical Center twice over the weekend, including once with Mr. Pinto's family. Mr. Pinto remains in critical condition - in a coma, relying on a breathing and feeding tube, Mr. Rogan said.

Acknowledging Mr. Solfanelli is qualified, minority Commissioner A.J. Munchak questioned whether there should be some hiring process.

The majority commissioners put in place a hiring process for professional services that requires requests for qualifications before selecting a firm.

Judge Barrasse said the hiring can be done without an interview process, adding the board members have "knowledge of the legal community that's out there."

"This is a matter that's timely, and I don't believe it's one that can be ... a drawn-out process," the judge said.

Both the judge and Mr. Jarbola said the prison board needed legal counsel that didn't also represent the majority commissioners.

Asked after the meeting if a contract or compensation had been worked out, Mr. Jarbola said that was something for the commissioners to work out. All three commissioners expressed concern about funding the position.

"There is no money," Commissioner Corey O'Brien said.

The motion to hire Mr. Solfanelli was approved by unanimous vote. After the meeting, Commissioner Mike Washo declined to judge the process in which the board hired the new solicitor.

"I'll only make judgment on things that I can control; I'm one of seven members of the board," he said. "I respect the rationale for moving forward in this manner. There is an urgency."

Contact the writer: cschillinger@timesshamrock.com

David Solfanelli will begin serving as legal counsel to the seven-member board immediately - although neither the board nor the commissioners agreed to any contract or compensation for the work. The position is not budgeted because county solicitor John O'Brien, who is a salaried employee, has handled the work.

District Attorney Andy Jarbola, a prison board member, made the motion to hire Solfanelli, with county Judge Michael J. Barrasse seconding. Jarbola indicated it was discussed during an executive session last week, though several of the board members were caught off guard by the move.

"We're looking at the situation we're dealing with," Jarbola said.

Patrick M. Rogan was retained by the family of Nicholas Pinto, the federal inmate assaulted by another inmate on Aug. 8 at Lackawanna County Prison. Pinto, a protective-custody inmate, had his head stomped at least 15 times by Michael Simonson, who should not have had access to him, according to police. Simonson has been moved to a correctional facility in Luzerne County where he faces kidnapping and murder charges.

"We're looking at media coverage that Mr. Pinto has already hired counsel that's going to probably wind up suing not only the prison board, the county, but the guards out there and everything else," Jarbola said.

Rogan said he is preparing a federal civil rights lawsuit related to the beating.

He said he visited his client at Community Medical Center twice over the weekend, including once with Pinto's family. Pinto remains in critical condition - in a coma, relying on a breathing and feeding tube, Rogan said.

Acknowledging Solfanelli is qualified, minority Commissioner A.J. Munchak questioned whether there should be some hiring process.

The majority commissioners put in place a hiring process for professional services that requires requests for qualifications before selecting a firm.

Barrasse said the hiring can be done without an interview process, adding the board members have "knowledge of the legal community that's out there."

"This is a matter that's timely, and I don't believe it's one that can be … a drawn-out process," the judge said.

Both the judge and Jarbola said the prison board needed legal counsel that didn't also represent the majority commissioners.

Asked after the meeting if a contract or compensation had been worked out, Jarbola said that was something for the commissioners to work out. All three commissioners expressed concern about funding the position.

"There is no money," O'Brien said.

The motion to hire Solfanelli was approved by unanimous vote. After the meeting, Washo declined to judge the process in which the board hired the new solicitor.

"I'll only make judgment on things that I can control; I'm one of seven members of the board," he said. "I respect the rationale for moving forward in this manner. There is an urgency."

cschillinger@timesshamrock.com

For the third time in less than a decade, the eyes of its overseers, state regulators and the public are focused intensely on the Lackawanna County Prison because of a shocking event that casts doubt on the way it is run and overseen.

In 2003, it was charges of guards beating inmates, a female prison staffer having sex with a male inmate and top prison officials using inmates to fix their cars, assemble their children's Christmas presents and renovate their homes and businesses.

In 2007, with a new warden brought in from outside, a 22-year-old woman gave birth to a baby girl in a prison cell, despite pleading desperately for hours that she was in labor and needed hospitalization.

And on Aug. 8, former inmate Michael Simonson, 33, a suspect in a Luzerne County kidnapping and murder, repeatedly stomped Nicholas Pinto, 29, a federal inmate awaiting sentencing on child pornography charges, into a coma, police say.

The brutal attack happened during a transfer of prisoners while one of three guards on duty in the cell block was on the phone and another was getting "lunch money" from his car. Simonson was an "administrative custody" inmate, and should not have had access to Pinto, a protective custody inmate.

Experts said guards should have escorted both men while outside their cells.

These are just the highest-profile incidents. In 2006, two guards were suspended for allowing a male inmate and female inmate to meet for sex in the prison. In 2008, Pax Christi of Northeastern Pennsylvania alleged the prison's health care provider failed to address inmates' physical problems when they arrived, distributed medication sporadically, answered requests for medical care slowly and failed to provide prenatal care for pregnant inmates. The provider, Correctional Care Inc., of Moosic, vehemently denied the claims and filed a defamation lawsuit, which it later withdrew.

"I don't know if you're unique, but county prison systems are … a mixed bag," said William M. DiMascio, executive director of the Pennsylvania Prison Society, an independent group that monitors inmate treatment. "We worry about them a lot because they tend to operate with, it seems, less oversight than state facilities. "Lackawanna County, at least over the last decade, has had, it seems, more than its share of this kind of mishap. And one has to wonder about the level of professionalism on the staff … You cannot have people who are trained to do this work having lapses of that sort."

Attorney Patrick M. Rogan, the lawyer for Pinto who has promised to sue the prison, said its problem is "deliberate indifference."

"Are there problems there? Yes. Are they institutional? I think so," Rogan said. "And whether it is the state (that) finds out what it is or it's a federal civil rights investigation, we are going to find out."

Several prison board members admitted the beating of Pinto should never have happened. The board voted unanimously Wednesday to ask the state Department of Corrections to investigate. A four- to eight-person department inspection team is expected Tuesday.

But the board members stop short of connecting the fiascoes of 2003, 2007 and Aug. 8.

"I don't think this is analogous to '07 and I don't think it's analogous to '03," County Commissioner Corey O'Brien said. "The issues involved in '03 were much different, the issues involved in '07 much different … This is someone who was beat up, beat up severely."

Actually, the issues in the latest case are not entirely different from the past.

One aspect of the 2003 prison scandal centered on beaten inmates - beaten not by other inmates, but by guards.

Four prison guards were charged in connection with one beating. One guard was acquitted, another had his charges dropped. One was fined $300 after pleading no contest to conspiracy to commit simple assault. The other, who was charged in the beatings of two other inmates, was sentenced to three years probation and 75 hours of community service.

The 2003 scandal was more widespread than the latest incident. It included allegations that the prison warden, deputy warden and two guards used inmates for their own benefit. All four were sentenced to unsupervised probation. And the prison's former director of community service programs was sentenced to a month in prison and three months home confinement after pleading no contest to obstructing justice by urging a former inmate to cover up their sexual relationship.

In March 2004, a grand jury investigation found the prison administration "woefully" lacking, a failure to report assaults, a failure to adequately treat inmates' serious medical conditions, inadequate staff training and a need for more extensive mandatory and ongoing training.

A state inspection report found similar problems.

By March 2007, state inspectors had changed their minds, giving the prison a 100 percent compliance rating.

"I really wanted it so bad I could taste it," Warden Janine Donate said. "We just keep setting the bar higher and higher."

Four months later, 22-year-old federal inmate Shakira Staten gave birth in a prison cell.

Only when she held her newborn baby daughter up to a cell camera, with the umbilical cord still around the baby's neck, did prison officials believe she was giving birth.

County Commissioner A.J. Munchak, Donate and Dr. Edward Zaloga, the owner of Correctional Care, operates the prison's medical unit, defended the prison staff's reaction at first. It was more than two weeks later before county officials admitted allowing the birth in a cell was "wrong."

A month later, they awarded Donate a 12.5 percent raise to keep her from taking a job at a Missouri prison.

Staten sued the county, Zaloga, Correctional Care, and a nurse in federal court, but her suit was dismissed because her lawyer missed deadlines for filing paperwork.

Now, Rogan is promising a new federal civil rights suit because the prison allowed Pinto to be viciously stomped on by Simonson, who was already charged with the murder of a 34-year-old musician in Shickshinny in April 2009 and head-butted his co-defendant, Elvis Riccardi, during a pre-trial hearing.

Simonson has been returned to Luzerne County's custody.

Unlike when Staten gave birth, prison board members have been openly critical of the prison guards almost from the start.

The board is made up of the three county commissioners, the county controller, the sheriff, the district attorney and a county judge.

Commissioner Corey O'Brien called the attack "a disgrace."

But no board member links the latest case to what happened in 2003 and 2007.

"At this point, there's more questions than there are answers and I think it's going to take a while until we have everything," County Judge Michael J. Barrasse said.

Commissioner Mike Washo said much the same.

"Maybe you should ask that question once the investigation starts and see what comes from it," he said, adding the three incidents are "all different."

Washo said the prison administration has improved since he and O'Brien took control of the county, pointing to how swiftly the prison board sought a state investigation.

But he added "you don't change the culture of an institution overnight" and there is no excuse for the assault on Pinto. "The incident still occurred and it's unacceptable, inexcusable and outrageous," he said.

O'Brien said a prison is "inherently a dangerous place."

"Does that happen throughout the country?" he asked, referring to the beating. "Do they as well (have recurring problems)? Maybe if you take a look at the state system, the federal system, do they have problems? Do they have these kind of incidents? I would suspect they do."

Sheriff John Szymanski said he does not believe the county prison "is any different than any other."

"You're dealing with 1,000 inmates, a lot of things can happen, I don't think we're alone in the incidents that take place," he said. "As a board member, we don't manage the prison. I can't say and will not say that there's a breakdown in management over there. I think there might be a breakdown in following protocol."

There was no reason the guard could not have delayed going to his car for lunch money, he said.

"Even if it was 15 minutes, well, wait until that transfer is completed before you either get on the phone or take a phone call or … going to the car," Szymanski said.

District Attorney Andy Jarbola also declined to blame institutional reasons for the prison's problems.

"Obviously, I think to a certain extent, not all the protocols were followed," Jarbola said. "I mean I think that's obvious to anybody."

Munchak sees no institutional problem, just a series of separate incidents, but noting 2003 was a scandal all its own.

"I do not believe you can put all these things together. These things do happen. It's a prison, not a spa," Munchak said. "We're dealing with murderers, drug dealers, this isn't normal society."

Controller Ken McDowell declined to comment, noting he did not join the board until 2008.

None of the board members were ready to cast aspersions on Warden Donate's management.

"We rely on the warden and her staff to run the prison and run it properly," Szymanski said. "We've gotten good reports from the state on their audits. You can't base it on an isolated incident. While this is a most serious incident, there's a lot of good things happening over there, too."

Washo said he was "not today expressing dissatisfaction about anyone."

"Rather than directing my attention toward satisfaction or dissatisfaction about anyone, I'm turning my attention toward an evaluation of the operation of the prison by an independent body," he said.

At a prison board meeting Wednesday, the Rev. Kathryn Simmons, a volunteer minister in the prison, praised Warden Donate. She and Sgt. Bill Shanley, president of the guards' union, said the prison is short-staffed and officers lack adequate training.

"The warden does the best she can with what she has, but she can only do so much," the Rev. Simmons said.

But Shanley said the prison has an ongoing problem that has existed since he started working there in 1990 - it is geared to manage crises, when prevention should be the focus.

"Prevention would require proper staff, proper training and enough equipment to do the proper job," Shanley said.

Eight months into this year, Shanley said he has received two hours of training - in cardiopulmonary resuscitation.

There is no "sustainment training," refreshers on proper procedures and teaching of new skills, he said. There is also, largely, no specialty training, with only 10 percent of guard trained to use weapons, Shanley said.

While Jarbola said there is extraction training - training for officers to remove a prisoner from a cell if necessary - Shanley said extraction gear is outdated. Protective vests aren't "shank proof," he said, referring to makeshift weapons that an inmate might secretly fashion to stab someone.

These issues have become magnified as the county prison has taken on more federal and state prisoners.

"You have more aggressive inmates coming in here. You're running a state and federal institution as a county jail and it doesn't work," Shanley said.

As of July 13, the prison housed 915 inmates, and 307 were being held for other counties or agencies.

Almost a third of the prison's annual costs are covered by payments for holding federal inmates.

Despite the improved state inspections, "not much has changed" since 2003, said former prison guard Tammy Miller, hired in 2005 and fired recently because she wore an inmate's sneakers and violated as many as 20 employee policies.

Miller says she was fired for issues relatively minor compared to others.

For instance, she said earlier this year one prison guard head-butted another during an on-duty dispute. The victim sought hospital treatment for a cut and a lump on his forehead.

The attacking guard was only suspended, she said.

Donate said she handled the fight between guards, which she described as a "personnel incident … with appropriate discipline." She would not disclose what if any punishment the guard received, but he still works at the prison.

Miller said the way the prison handles administrative custody inmates, such as Simonson, "is wrong."

The warden deflected the question of whether the prison has "an institutional problem" that needs correction and denied the prison's training is deficient, saying it meets state and federal standards.

"When an incident in a prison occurs, an investigation of what happened is completed and a review of policies and procedures is done. Should this review find that revisions to policies need to be made, then we do so," she said.

But DiMascio, the prison society president, said prison officials have failed in one important way so far.

"A prison is supposed to provide a safe environment for the people that it's holding," DiMascio said. "It's requirement number one. If you had a relative who was being held there, you'd have to be concerned. … You really need to establish a culture and you can't just do that by changing the person at the top …

"It takes more than one person to make that happen, and it takes more than a day or two. Of course, there's been years here now that have lapsed and one would have hoped that we would have seen a bigger change."

bkrawczeniuk@timesshamrock.com, cshillinger@timesshamrock.com

For the third time in less than a decade, the eyes of its overseers, state regulators and the public are focused intensely on the Lackawanna County Prison because of a shocking event that casts doubt on the way it is run and overseen.

In 2003, it was charges of guards beating inmates, a female prison staffer having sex with a male inmate and top prison officials using inmates to fix their cars, assemble their children's Christmas presents and renovate their homes and businesses.

In 2007, with a new warden brought in, a 22-year-old woman gave birth to a baby girl in a prison cell, despite pleading desperately for hours that she was in labor and needed hospitalization.

And on Aug. 8, inmate Michael Simonson, 33, a Luzerne County kidnapping and murder, suspect, repeatedly stomped Nicholas Pinto, 29, a federal inmate awaiting sentencing on child pornography charges, into a coma, police say.

The brutal attack happened during a transfer of prisoners while one of three guards on duty in the cellblock was on the phone and another was getting "lunch money" from his car. Mr. Simonson was an "administrative custody" inmate, and should not have had access to Mr. Pinto, a protective custody inmate.

Experts said guards should have escorted both men while outside their cells.

These are just the highest-profile incidents. In 2006, two guards were suspended for allowing a male inmate and female inmate to meet for sex in the prison. In 2008, Pax Christi of Northeastern Pennsylvania alleged the prison's health care provider failed to address inmates' physical problems when they arrived, distributed medication sporadically, answered requests for medical care slowly and failed to provide prenatal care for pregnant inmates. The provider, Correctional Care Inc., of Moosic, vehemently denied the claims and filed a defamation lawsuit, which it later withdrew.

"I don't know if you're unique, but county prison systems are ... a mixed bag," said William M. DiMascio, executive director of the Pennsylvania Prison Society, an independent group that monitors inmate treatment. "We worry about them a lot because they tend to operate with, it seems, less oversight than state facilities. "Lackawanna County, at least over the last decade, has had, it seems, more than its share of this kind of mishap. And one has to wonder about the level of professionalism on the staff ... You cannot have people who are trained to do this work having lapses of that sort."

Attorney Patrick M. Rogan, the lawyer for Mr. Pinto who has promised to sue the prison, said its problem is "deliberate indifference."

"Are there problems there? Yes. Are they institutional? I think so," Mr. Rogan said. "And whether it is the state (that) finds out what it is or it's a federal civil rights investigation, we are going to find out."

Several prison board members admitted the beating of Mr. Pinto should never have happened. The board voted unanimously Wednesday to ask the state Department of Corrections to investigate. A four- to eight-person department inspection team is expected Tuesday.

But the board members stop short of connecting the fiascoes of 2003, 2007 and Aug. 8.

"I don't think this is analogous to '07 and I don't think it's analogous to '03," County Commissioner Corey O'Brien said. "The issues involved in '03 were much different, the issues involved in '07 much different ... This is someone who was beat up, beat up severely."

Actually, the issues in the latest case are not entirely different from the past.

One aspect of the 2003 prison scandal centered on beaten inmates - beaten not by other inmates, but by guards.

Four prison guards were charged in connection with one beating. One guard was acquitted, another had his charges dropped. One was fined $300 after pleading no contest to conspiracy to commit simple assault. The other, who was charged in the beatings of two other inmates, was sentenced to three years probation and 75 hours of community service.

The 2003 scandal was more widespread than the latest incident. It included allegations that the prison warden, deputy warden and two guards used inmates for their own benefit. All four were sentenced to unsupervised probation. And the prison's former director of community service programs was sentenced to a month in prison and three months home confinement after pleading no contest to obstructing justice by urging a former inmate to cover up their sexual relationship.

In March 2004, a grand jury investigation found the prison administration "woefully" lacking, a failure to report assaults, a failure to adequately treat inmates' serious medical conditions, inadequate staff training and a need for more extensive mandatory and ongoing training.

A state inspection report found similar problems.

By March 2007, state inspectors had changed their minds, giving the prison a 100 percent compliance rating.

"I really wanted it so bad I could taste it," Warden Janine Donate said. "We just keep setting the bar higher and higher."

Four months later, 22-year-old federal inmate Shakira Staten gave birth in a prison cell.

Only when she held her newborn baby daughter up to a cell camera, with the umbilical cord still around the baby's neck, did prison officials believe she was giving birth.

County Commissioner A.J. Munchak, Warden Donate and Dr. Edward Zaloga, the owner of Correctional Care, operates the prison's medical unit, defended the prison staff's reaction at first. It was more than two weeks later before county officials admitted allowing the birth in a cell was "wrong."

A month later, they awarded Warden Donate a 12.5 percent raise to keep her from taking a job at a Missouri prison.

Ms. Staten sued the county, Dr. Zaloga, Correctional Care, and a nurse in federal court, but her suit was dismissed because her lawyer missed deadlines for filing paperwork.

Now, Mr. Rogan is promising a new federal civil rights suit because the prison allowed Mr. Pinto to be viciously stomped on by Mr. Simonson, who was already charged with the murder of a 34-year-old musician in Shickshinny in April 2009 and head-butted his co-defendant, Elvis Riccardi, during a pre-trial hearing.

Mr. Simonson has been returned to Luzerne County's custody.

Unlike when Ms. Staten gave birth, prison board members have been openly critical of the prison guards almost from the start.

The board is made up of the three county commissioners, the county controller, the sheriff, the district attorney and a county judge.

Commissioner Corey O'Brien called the attack "a disgrace."

But no board member links the latest case to what happened in 2003 and 2007.

"At this point, there's more questions than there are answers and I think it's going to take a while until we have everything," County Judge Michael J. Barrasse said.

Commissioner Mike Washo said much the same.

"Maybe you should ask that question once the investigation starts and see what comes from it," he said, adding the three incidents are "all different."

Mr. Washo said the prison administration has improved since he and Mr. O'Brien took control of the county, pointing to how swiftly the prison board sought a state investigation.

But he added "you don't change the culture of an institution overnight" and there is no excuse for the assault on Mr. Pinto. "The incident still occurred and it's unacceptable, inexcusable and outrageous," he said.

Mr. O'Brien said a prison is "inherently a dangerous place."

"Does that happen throughout the country?" he asked, referring to the beating. "Do they as well (have recurring problems)? Maybe if you take a look at the state system, the federal system, do they have problems? Do they have these kind of incidents? I would suspect they do."

Sheriff John Szymanski said he does not believe the county prison "is any different than any other."

"You're dealing with 1,000 inmates, a lot of things can happen, I don't think we're alone in the incidents that take place," he said. "As a board member, we don't manage the prison. I can't say and will not say that there's a breakdown in management over there. I think there might be a breakdown in following protocol."

There was no reason the guard could not have delayed going to his car for lunch money, he said.

"Even if it was 15 minutes, well, wait until that transfer is completed before you either get on the phone or take a phone call or ... going to the car," Mr. Szymanski said.

District Attorney Andy Jarbola also declined to blame institutional reasons for the prison's problems.

"Obviously, I think to a certain extent, not all the protocols were followed," Mr. Jarbola said. "I mean I think that's obvious to anybody."

County Commissioner A.J. Munchak sees no institutional problem, just a series of separate incidents, but noting 2003 was a scandal all its own.

"I do not believe you can put all these things together. These things do happen. It's a prison, not a spa," Mr. Munchak said. "We're dealing with murderers, drug dealers, this isn't normal society."

Controller Ken McDowell declined to comment, noting he did not join the board until 2008.

None of the board members were ready to cast aspersions on Warden Donate's management.

"We rely on the warden and her staff to run the prison and run it properly," Sheriff Szymanski said. "We've gotten good reports from the state on their audits. You can't base it on an isolated incident. While this is a most serious incident, there's a lot of good things happening over there, too."

Mr. Washo said he was "not today expressing dissatisfaction about anyone."

"Rather than directing my attention toward satisfaction or dissatisfaction about anyone, I'm turning my attention toward an evaluation of the operation of the prison by an independent body," he said.

At a prison board meeting Wednesday, the Rev. Kathryn Simmons, a volunteer minister in the prison, praised Warden Donate. She and Sgt. Bill Shanley, president of the guards' union, said the prison is short-staffed and officers lack adequate training.

"The warden does the best she can with what she has, but she can only do so much," Rev. Simmons said.

But Sgt. Shanley said the prison has an ongoing problem that has existed since he started working there in 1990 - it is geared to manage crises, when prevention should be the focus.

"Prevention would require proper staff, proper training and enough equipment to do the proper job," Sgt. Shanley said.

Eight months into this year, Sgt. Shanley said he has received two hours of training - in cardiopulmonary resuscitation.

There is no "sustainment training," refreshers on proper procedures and teaching of new skills, he said. There is also, largely, no specialty training, with only 10 percent of guard trained to use weapons, Sgt. Shanley said.

While Mr. Jarbola said there is extraction training - training for officers to remove a prisoner from a cell if necessary - Sgt. Shanley said extraction gear is outdated. Protective vests aren't "shank proof," he said, referring to makeshift weapons that an inmate might secretly fashion to stab someone.

These issues have become magnified as the county prison has taken on more federal and state prisoners.

"You have more aggressive inmates coming in here. You're running a state and federal institution as a county jail and it doesn't work," Sgt. Shanley said.

As of July 13, the prison housed 915 inmates, and 307 were being held for other counties or agencies.

Almost a third of the prison's annual costs are covered by payments for holding federal inmates.

Despite the improved state inspections, "not much has changed" since 2003, said former prison guard Tammy Miller, hired in 2005 and fired recently because she wore an inmate's sneakers and violated as many as 20 employee policies.

Ms. Miller says she was fired for issues relatively minor compared to others.

For instance, she said earlier this year one prison guard head-butted another during an on-duty dispute. The victim sought hospital treatment for a cut and a lump on his forehead.

The attacking guard was only suspended, she said.

Mrs. Donate said she handled the fight between guards, which she described as a "personnel incident ... with appropriate discipline." She would not disclose what if any punishment the guard received, but he still works at the prison.

Ms. Miller said the way the prison handles administrative custody inmates, such as Michael Simonson, "is wrong."

The warden deflected the question of whether the prison has "an institutional problem" that needs correction and denied the prison's training is deficient, saying it meets state and federal standards.

"When an incident in a prison occurs, an investigation of what happened is completed and a review of policies and procedures is done. Should this review find that revisions to policies need to be made, then we do so," she said.

But Mr. DiMascio, the prison society president, said prison officials have failed in one important way so far.

"A prison is supposed to provide a safe environment for the people that it's holding," Mr. DiMascio said. "It's requirement number one. If you had a relative who was being held there, you'd have to be concerned ... You really need to establish a culture and you can't just do that by changing the person at the top ...

"It takes more than one person to make that happen, and it takes more than a day or two. Of course, there's been years here now that have lapsed and one would have hoped that we would have seen a bigger change."

Contact the writers: bkrawczeniuk@timesshamrock.com, cshillinger@timesshamrock.com

County commissioners Wednesday approved a budget of $170,000 for the 2010 Affordable Housing Fee fund. The fund is generated by a county recorder of deeds office fee and used to help low-income families buy homes and make emergency repairs to heating equipment.

The fund is also a useful indicator of how the Lackawanna County housing market is performing, as it is derived from a $13 Affordable Housing Fee assessed on property transactions.

The fee generated $235,092 in 2007, $203,008 in 2008 and $191,386 in 2009. The county is projecting the fee will continue to fall, raising only $170,000 - and as of Aug. 19, the fee had generated only $101,504.

If the projection holds true, it means there are 27.7 percent fewer property transactions this year compared to 2007, and 11.1 percent fewer transactions than in 2009. Transactions include home purchases and mortgage refinancing.

"I think it's a reflection of the lack of the activity of the real estate market," said Recorder of Deeds Evie Rafalko-McNulty. "People are still hurting."

The fund this year is anticipated to help about half a dozen low-income families with closing costs toward purchasing a first-time home in Lackawanna County, said Harry Lindsay, director of planning and economic development. The program is administered by Neighborhood Housing Services of Lackawanna County.

The fund also will help about half a dozen low-income families with homes make emergency repairs to heating units, Mr. Lindsay said. That program is administered by the Scranton-Lackawanna Human Development Agency.

Contracts approved

In other business, commissioners approved:

- A $179,360 annual contract with Lancaster-based GeographIT, a global information systems provider. The company provides technical support to the county Department of Planning and Economic Development, the county Information Technology Department and the county 911 Center.

- A new contract with Bayada Nurses Service for the county Juvenile Detention Center. Bayada, the current nursing provider, dropped hourly rates from $66 to $42 for registered nurses and from $52 to $32 for licensed practical nurses.

- An $11,328 materials bid from Cramer's Home Building Center in East Stroudsburg for its Roads and Bridges Department to replace a county-owned wooden bridge in Thornhurst Twp. The current bridge, also wooden, was built in the mid-1960s, said Jim McLaine, deputy director of purchasing. The new bridge is expected to have a life expectancy of about 40 years.

Contact the writer: cschillinger@timesshamrock.com