DuBOIS — A City of DuBois resident asked the DuBois City Council, at its meeting on Monday night, if the city has paid a significant amount of money for the private defense of Manager John “Herm” Suplizio, who is accused of committing more than $620,000 in fraudulent transactions using public accounts associated with the city, the DuBois Area United Way and DuBois Volunteer Fire Department.
On March 20, the Pennsylvania Attorney General’s Office charged Suplizio with five third-degree felony counts of theft by unlawful taking, a felony count of restricted activities, eight misdemeanor charges of fraudulent returns and a second-degree misdemeanor of misapplication of entrusted property, according to court documents.
Suplizio, 62, has been placed on paid administrative leave from his role as city manager.
“I already know the answer to the question I’m about to ask,” said resident Jennifer Jackson during the public comment period. “I want to give city council and the solicitor the opportunity to tell the truth to the taxpayers of DuBois. Has the city paid with taxpayer money upwards of $250,000 to the private defense of our former city manager, John “Herm” Suplizio?”
“If you want documents, you’ll need to file a right-to-know (request). That’s the response,” said Solicitor Toni Cherry. “You don’t get to ask questions, you get to make comments.”
The Courier Express has filed a right-to-know with the city to review any documents pertaining to Jackson’s question.
Also during public comment, resident Ron Trzyna said on April 13 he was at the council chambers to review right-to-know law documents related to the city’s relationship with Allegheny Strategy Partners (ASP), a public affairs and business development firm based in Brockway.
Trzyna said his request was to see all documents related to the agreement and contracts with ASP and the city council meetings relating to the approval of these agreements and contracts.
“Of course, the City of DuBois was not able to produce the original signed document or a signed copy of the original document dated January 1, 2021,” said Trzyna. “I was told that the original signed document was at the PA Attorney General’s office. It’s hard to believe the signed copy would not be in the files of the City of DuBois, at least a copy of it. I know in the past there would be multiple signed copies in the file in the City of DuBois.”
Trzyna also said that at the time he was told by Acting City Manager Chris Nasuti that no city council minutes existed pertaining to the approval by the council of the agreement or contract.
Trzyna said at no time were those minutes given to him, even though he requested them. He said the agreement with ASP was to begin Jan. 1, 2021, with a monthly retainer of $5,000 and expenses, if required.
“I’d like an answer confirming, is this true?” said Trzyna. “It’s my understanding the city’s still under contract with Allegheny Strategy Partners. If you go on to Pennsylvania Department of State website and search lobbying directory, you will find the City of DuBois is one five cities that pays lobbying firms.”
Trzyna asked if anyone on council questioned the $5,000 monthly payments when they were reviewing payments, especially since no agreement was ever approved.
“I would think the council, especially the ones that were past controllers, would really be interested in these payments,” he said.
He also noted that in the agreement all communications between the city and ASP would go through UPS or United Postal Service or through an email using Suplizio’s personal email instead of the city’s email address.
“How can that be? My question as a taxpayer is to ask the city council members to do their duty and read and review all questions, all future agreements and contracts and payments pertaining to all city business. Again, provide oversight,” said Trzyna.
Cherry said she wanted to respond at that time to Trzyna’s comments.
“I don’t think you have the whole story,” said Cherry. “Mr. Suplizio has the power, under his contract and under the administrative code, to do contracts. The purpose of that was to have this lobbying firm lobby for grant money. In response to that contract, the city received $4 million in grants ... and council’s aware of that. So was it productive? The math tells me, yes it was.”
“But all documents, shouldn’t they be here?” Trzyna said.
“Well, here’s the problem,” said Cherry. “Am I happy that the AG’s office came in and confiscated documents that they should not have confiscated, and that they took things they shouldn’t have taken, and that they took things that were not on their subpoenas? I am most unhappy about that and that’s why we are trying to get the documents back and we are trying to reconstruct it.”
“Am I also unhappy that they alleged there’s money missing from the United Way when I have the documents indicating that there is no money missing from the United Way?” said Cherry.
“Am I unhappy that the AG called our auditors and told them they were not to begin the 2021 audit until September of 2022 and that they told those auditors they were not to tell this body (council)? Am I happy about that? No, sir. I am not. I consider that official oppression and the only reason council found that out was because they asked them, why are you late this year?” said Cherry.
And the auditor’s comment allegedly was, “We were told by the AG not to do it, and we were told not to tell you,” said Cherry. “And when we asked them to put it in writing, they said they were too afraid. So there we are. We weren’t supposed to have told you. Does that answer your question?”
“There’s a lot of things I’m not happy about with this AG investigation,” said Cherry. “I can tell you those of us who’ve been lawyers for a long time have worked with the AG are concerned but not surprised. That’s all I have to tell you.”
When contacted for comment, via email, about Cherry’s statement about the audit, Senior Deputy Attorney General Summer F. Carroll, who is prosecuting Suplizio’s case, said, “This is false. While AG investigators were in communication with the city’s auditors during the investigation, they never gave any instructions on performing the audits. In fact, at one point in the investigation, records were returned (at the auditor’s request) to allow them to complete their 2021 audit.”
