Capitol scandal has e-mail trail
Bonusgate: Staffers' exchanges are focus of state investigation.

By John L. Micek
Call Harrisburg Bureau
July 20, 2008

The year 2004 was a busy one for state lawmakers: a budget showdown, of course. But also passage of a law allowing slots casinos. And a short but intense fall session capping the two-year legislative cycle.

That November Mike Manzo, the top aide to the top House Democrat, e-mailed to the No. 2 man a ''comprehensive list of suggested year-end bonuses.'' In it Manzo referred not just to the legislative agenda, but also ''outside activities'' that include special elections, a general election and a ''Nader effort.''

''Let me know what you think,'' Manzo, then chief-of-staff to Minority Leader Bill DeWeese, wrote in his e-mail to House Whip Mike Veon and several others. ''Would like to have it processed this week so that our superstars can enjoy a brighter X-Mas.''

That holiday and others were bright for many state staffers. Led by House Democrats, the Legislature distributed nearly $4 million in state tax dollars to scores of staffers, including Manzo and his wife. House Democrats accounted for more than half the spending.

Now the party's over: Attorney General Tom Corbett recently charged Manzo, Veon and 10 others with theft, conspiracy and conflict of interest in a burgeoning scandal known as Bonusgate. They're accused of using tax dollars for campaign work, which is illegal. Among their targets: Getting Independent Ralph Nader off the 2004 presidential ballot in Pennsylvania.

To help make the Bonusgate case, Corbett's agents combed through thousands of e-mails between staffers, lawmakers and others within the legislative branch.

Kevin Harley, a spokesman for Corbett, declined to characterize the importance of the e-mails in the case, but they paint a picture of how a small group of House Democrats built a culture in which taxpayer money was routinely used for political, and sometimes personal, gain.

Veon, D-Beaver, e-mailed back to Manzo in November 2004 to say the ''list looks good,'' according to a 74-page grand jury report Corbett made public two weeks ago. Then Veon asked that it be expanded to include employees from his district office and other subordinates in Harrisburg. Manzo e-mailed back to say he'd added them.

''I think this will go a long way,'' Manzo wrote, ''for caucus loyalty and encouraging wider participation.''

Electronic security experts say e-mails are the first thing investigators usually go after, for two reasons.

First, people tend to be more candid in e-mail than they would be in conversation. ''In litigation, it's a gold mine,'' said David R. Cohen, a lawyer in the Pittsburgh firm of K&L Gates, who co-chairs its records management and e-discovery practice.

Second, e-mails typically can be retrieved long after the recipient hits delete.

''The [phone] call ends when you hang up,'' said Gregory Nojeim, of the Center for Democracy and Technology, a Washington, D.C.-based civil liberties group. ''E-mail, however, lives on and on.''

According to Corbett, one exchange between House employees shows how widespread the knowledge and expectation of bonuses became.

''Did you get a check for volunteering?'' a caucus employee named Stacey King wrote to a colleague, Almeda Evans, in January 2007. ''Some folks got checks this past weekend. I hope I get one. I need it.''

According to the grand jury report, Evans wrote back: ''Yes, it definitely came in handy…''

King responded, ''I hope I am on the [bonus] list.''

The e-mails also provide insight into staffers engaging in messenger-shooting after the Harrisburg Patriot-News, in 2007, broke the story of officials using taxpayer-funded bonuses for campaign work.

In a February 2007 exchange, DeWeese's press secretary, Tom Andrews, complained to other caucus employees that he'd been unable to get reporters to focus on the Democrats' legislative accomplishments.

Among those to respond was Jennifer Brubaker, the director of the Democrats' Legislative Research Office.

''I am convinced,'' Brubaker wrote, ''that if [journalists] dedicated as much time to and energy on attacking drug companies and insurance companies…we would solve the healthcare crisis.''

''But Jen,'' Andrews e-mailed back, parroting the response he says he received from one reporter, ''those companies aren't spending taxpayer dollars!!!''

Husband Scott Brubaker, then director of staffing and administration for the House Democrats, chimed in, ''Yea, why don't we just send the Capitol newsroom in the [House] chamber to vote and we can all go home. They know best, of course.''

According to Corbett, it was Scott Brubaker who admonished an underling to remain silent about the bonus program.

Just before noon on Sept. 2, 2005, a House Democratic employee named Lauren McClure e-mailed Scott Brubaker.

''I have a big list of employees who will get bonus payments for their participation during the special elections,'' she wrote. ''There are several summer interns on the list that have since been taken off the payroll. Can we still issue them a check for their efforts even though they are no longer on the payroll?''

Scott Brubaker's response was for McClure's eyes alone.

''Yikes,'' Brubaker e-mailed back. ''Be careful what you write. The less said about the reason, the better.''

Both Brubakers were among the dozen charged.

john.micek@mcall.com
717-783-7305

Source: The Morning Call