Open Records Officer Requests 30-Day Extension in Recusal/Transmittal Records Request

Posted: Tuesday, November 6, 2018 by Pezzonovante in Labels: , , ,
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Fayette County Chief Clerk and Open Records Officer Amy Revak today requested a 30-day extension on the Right-To-Know law records request made by this writer on 10/30/2018.

 The records request seeks any record which documents the recusal of Fayette County District Attorney Richard E. Bower from the Voter Registration Commission referral (i.e., alleged violations of the Voter Registration Act in the matter popularly referred to as Fairgate) made to his office by unanimous vote of the commission on September 10, 2018.  The records request also seeks any record documenting the transmittal of the referral from the Fayette County Office of District Attorney to the Pennsylvania Office of Attorney General for investigation.

 Although the Right-To-Know law spells out a procedure for an extension request wherein a determination under which one of seven items an extension may be requested is made by the open records officer, and where the officer provides notice of that determination to the requester, and where the officer provides a reasonable date by which time the requested record will be provided, Revak's e-mail merely made a request for a 30-day extension.

 Therefore, a follow-up e-mail pointing to the law and asking Revak to provide this information was sent this afternoon.

 What is astonishing is that a record was not provided within the five-day time frame for a response.  Ms. Revak and DA Bower work in the same building.  The recusal/transmittal records would be very brief records which likely are no longer than one or two pages in length -- if the records even exist at the present time.

 And that's the rub, isn't it?

 Why hasn't a district attorney (prone to holding press conferences) held a press conference to publicly announce the referral of this important voter registration matter to the Pennsylvania Office of Attorney General?

 This space is on record for calling for DA Bower's immediate, public, and swift recusal in the matter in the interest of impartial justice and laying out the reasons why.

 See:  Fayette Searchlight Calls For DA Bower's Immediate Recusal from VRC Referral


 The Republican complaint referred to DA Bower's office for investigation alleges violations of of the Voter Registration Act under 25 C.S.A. § 1711(a)(3).

25 C.S.A. § 1711(a)(3)
(a) Prohibition.--No person may do any of the following:
(3) Intentionally give or promise or offer to give money or goods to an individual as an inducement for the individual to enroll in a particular party or for a registrant to change political enrollment.

The Republican complaint contained an exhibit with photographic evidence that the Democrat booth at the Fayette County Fair had a sign offering inducements to registrants to either register Democrat or to change party affiliation.  At the top, the inducement sign reads, "REGISTER HERE TO VOTE AND WIN!"  At the bottom, the inducement sign reads, "must register democrat or change your party to democrat."

Other photographs also surfaced.  Among those pictured with the inducement signs at the Democrat fair booth are Fayette County Commissioner Vincent Vicites, write-in Democrat Nominee for the 32nd Senatorial District Pamela Gerard, Democrat Nominee for the 52nd Legislative District Ethan Keedy, and Democrat Nominee for the 51st Legislative District Timothy S. Mahoney.

 In Mahoney and Rattay Become Central Figures in Fairgate Allegations/VRC Referral, we saw where Fayette County Democrat Party Chairman George Rattay invoked his Fifth Amendment right against self-incrimination numerous times at the September 10 hearing, and we saw where current 51st Legislative District Democrat Nominee Timothy S. Mahoney testified that a stay at a condo he owns was one of the prizes on offer on the pre-printed inducement signs which hung at the Democrat's Fayette County Fair booth and which read "REGISTER HERE TO VOTE AND WIN!" and "must register democrat or change your party to democrat."

 Recently Julietoye.com shed light on DA Bower's non-recusal/non-referral status in "Why no referral to AG yet in Fairgate matters?".  

 As a whole host of prominent Democrats, including executive committee members and candidates, are implicated in alleged violations of the Voter Registration Act, it is a travesty that Fayette Countians will have to wait until after today's election to find out whether DA Bower has recused himself and whether he has referred the matter to the Pennsylvania Office of Attorney General for investigation.


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