DAVIDA.

B
0 610 41.0338
216 SpruceTreeRoadO Radnor,PA 19087-37t6 0

April6,2009

Boardof Commissioners
RadnorTownship
301 Iven Avenue
Wayne,PA 19087-5297

Re: PositionStatement

Dear Commissioners;

I do not relish whatsoeverthe thoughtof any fuither public airing of our dispute. Those
of you who know me bestknow this is not and neverhasbeenmy style. While thii public
spectacleis not the roadI would have ever chosen,you haveleft me no choiceas to how I go
aboutdefendingmy actions- and my reputation- as RadnorTownshipManager,

On March 16,my attorney isedmy right un er the Home Rule Charterto respondto
and commentupon Board 2009-12and200 -13,by which you initiatedthe process
to terminatemy employmentwith Township. Y u haveevery right to terminatemy
employmentwheneveryou wish. In I wouldnot sh to continueas your Township
Managerif you no longerhave in me. Nothi g, however,requiredyou to humiliate
me.

unilaterallyhave terminatedmy emplqymentunder $4.A of my EmploymentAgreement,paid

me the sevetanceto which I would then havebeenentitled,and havl therebyallowed me to
leave in a dignified manner,with my reputationand careerintact. It could alsohavesoughtto
negotiatewith me a separationon termsthat might havediffered from thosecontainedin
14.A,
but were nonethelessmutually agreeable.

Both of theseapproacheswoulp have beenlegal a[d reasonable, and any separation

agreementwould be a public record fof all to examine. of theseupproa.h", almost
$ittt.r

As I am sureyou have beenadvisedbylyour lawyer,that

fives me the right, gnderthe United
StatesConstitutionand federallaw, to a name-clearinghehring. My lawyer expresslyaskedfor
sucha hearing. It seemsto be the lownship's position,however,that I am not entitledto a full
 and fair opportunityto contestthe chargesleveledagainritme.

Your attomeyhasbeenquotedas sayingthat it is "absurd" to suggestthat I am entitledto

dueprocess. He hasbelittledmy requestfor a hearingtp clearmy nameasa "delaytacticso
[!]
canstayon the payrolla few weekslqngerat taxpayers'pxpense." He hassaidthat all I have
the right to do is "makea statementa4rdpublicly saywh{t he wantsto say. That's all."
Refening to the sevenCommissioner$, he said,"Their mfindhasalreadybeenmadeup, but he
hasa right to addressit beforeit's madeformal." To my knowledge,noneof you hasrequested
him to withdraw thoseremarks,so I haveto assumethat fhey representyour position.

As my lawyerhasalreadyexpfained,it is criticalio ability to clearmy narne

effectivelythat I be ableto establishthe Board'slongstadding
-y accession of discrltionand
authority in compensationmattersto the sitting TownshipManager,includingme. Establishing
the knowledgeor involvement,or intentionathands-offapproach, of individualsitting
Commissionersis an importantpart of my defense. I needthe opportunityto presentwitnesses
and to crossexaminemy accusers. While you havethe qightto dicide my termination,I have
the right to a fact-finle1who is not alqomy accuser. I h{ve a right to a facrfinding body that is
not composedof criticalwitnesses. A fair proceedingis impossibleunderthosecircumstances.

You havenot evenallowed me accessto my own files to assistme in preparingthis

presentation- on March 20, in a letter to your lawyer,my lawyer wrote:

In order adequatelyto prepare,and to submit the r{nittenstatementof position that

is due sevendaysearlier(April 6), Mr. Bashoren{edsaccessto his paperfiles,
and to electronicdocumentson his work computerand the Township'snetwork,
including making copiesof someof thosedocumentsin hard and/orelectronic
format' Mr. Bashorehasno objectionto the Township.knowingexactlywhat he
is lookingal andcopying,so he hasno objectionif a Townshipi"prrr"ntative is
presentat all times to satisfy thp Townshipthat ttr{ integrity oi it* do.,r-ents and
electronicrecordsaremaintained.

This requestwas refused,on the groundsthat the procedurein the Home Rule
Charterdoesnot permit it. That further provesmy poinithat the procedureyou have
offeredto me is not the nameclearing[earing to which I pm entifledby federallaw. It
is not a hearing in respectat all. just time set*!a" fot me to
^y ft is u speech.
-ut"
out,andwill addressin greaterdetaillaterin this
|oard actionto protectTownshipemployees
$urer, andthe attackswhich havebeenleveled
3 contextof potentiallyimproperpolitical
considerations or biasesthat individualpoard membersm{rbrine to this decision-making
process.

I will repeatwtratmy attorneyhaspreviouslywrittento your attorney: I

think it is
contraryto everytraditionof Americanjusticeand fair play to suggestthat a public
agencyhas
the right to accusea long-tenuredpublic servantof serious-puongdoing,
without affordingthat

1
 individualthe opportunityto publiclyprovethatthoseapcusationsarebaseless.Thatright is the
essenceof dueprocess,andis the unflerlyingtheoryupln which violationsof 42 U.S.C.$1983
arebased.

Personally,I respectall of yop, andI do not wanf to think anyof you desiresto punish
me for the laissez-faireapproachtakdnby prior Boards.

I do not think that any of you feelsthat i

employmentcontractwas adoptedat p public hr

While someof you may now suggestin

someof the provisionsin my employmentcontract,nonqof you hassuggestedthat any of the
provisionsof that contractare illegal or unenforceable,
dr that the contracttermswere concluded
by anything otherthan arms-lengthnggotiation.

I do not think that any of you feels that it was my responsibilityto presenreach
newly-electedcommissioner, uponhis or her election,with a copyof my Conhact.

I think you all know that prior Boardstrustedmy judgment in regardto maintainingthe
overall competitivenessof the Township'scompensationstruchue,so Iong as I stayedwithin
budgetsthat eachBoard approved.

I think noneof you will disagreewith the proposifionthatI wasentitledto rely uponpast
practiceunlessand until I was told otherwise.

I think noneof you will disagrpethat it was apprfpriatefor me to rely upon the express
provisionsof my contract,andthen-BoardPresidentPierfe'slefterof June 27
,i002,t a copyof
which was provided by me to all Board membersat the tirne (and which I did not write),
describingthe scopeof my authority,until I was told oth$rwise.

with that inhoduction,I want to addressthe nine

fRecificallegationsof purported
wrongdoingcontainedin the Resolutions. I will taketheiir in a differentorder,iowever.

First,I want to discussthe Boapdmeetingof Decefnber15,2008because

the eventsof
that night continueto trouble me the most.

@.withrespecttocompensati{nofTownshipemployees,itisthe
positionof the Boardof Commissioners
that the Townshi$Managerhusbroa-ddiscretionunder
our administrativecodeto setcompensation
levels,inclu<
 Charee7: The December
15.2008.PoardMeetine

In Charge#7, you statethat "At a public meeting

hadbeenpaid in 2008. In
fact, bonuseshad beenpaid to ttre and Township in 2008...."

We all know what happened night- it is on I hadjust re ed to the Board

room to find the TownshipTreasuer thepodium if2008 bonusesad beenpaid to any
Township employees. Therewas back and forth the Treasul r and the
Commissioners,and thenone of the over to me and, n a tone that
expressedhis understandable frustrati with the T , asked me wheth r any bonus or
incentivepay had beenpaid in 2008. I you look at the t I paused,hedged,
and finally said in part, "they get paid ir norrnal
theweekend... no bonuseswerein numbers." i
I
When askedby a Commissioneraboutwhether
"no," thinking the questionwas whetherbonuseswerepai
specialpay adjustmentswerepaid in one year for work in
were in fact paid in April 2008 FOR wopkin 2007.
paid in prior years,I said inpart, "yes, Qffand on
meritoriousperformance...not all emplpyeesget them
yearswherevery few employeesget thqm."

The meetingcontinuedwith hearfed exchanges

Commissioners,who expresslyrelied uflon my answersto
werepaid in 2008. I neverintemrpted{o clarify my prior
Commissionershad all of the facts.

podium that night.

 To say that my level of arxiety'as Mr. Osbome
understatement.To be more accurate,my heartwas
working hard to keep from visibly sha$ingin a combi
I knew that this man was determinedto deoriveme of
and ruin my family.
was quite higlr would be an
B, my teethwpregrinding, I was
of frustration,dnger,and, yes, fcar.
r, destroymy rFputationand career,

In short, I "choked." I did not fully and accuratel

heard,becauseit was what I wantedto [ear, that the ques
2008,and I saidno becausethat wastrye, and it was the
Mr. Osbomewas having with the Boarfl. As the i
Osbornecontinued,it becameobvious{hatthe Commissi
to tell Mr. Osbornethat no bonusesweqepaid "in" 2008,
move on to other things. ln that highly emotionaland
couldnot emotionallyfigureout any w4y to intemrptor cl

But right afterthat meetingenddd,I went to Mr.

, andtold him that I had misspoken. Hb askedme to call
 andtold him againwhat happenedwith my answer.

He told me to not "womy aboutit for now" andto qeehow thingsprqceeded.I followed
that advice,which I believedthenandbelievenow wasw$ll intended,because neitherMr.
Mahoneynor I could have predictedthe subsequentevents.

andcandidas I wish I could

And so, I apologizefor not beingas strong,clear-h]eaded
have been when it most counted.

('bongs" payments
Charqes I and,2: The

Next, I want to addressthe speciallump sum "bonrps"paymentsther4rselves.

[n doing
so, I will discussCharges1 and2.

Charge#l states: "The Managerauthorizedpayr4entto himselfof $onusesfin years

2000through2008totaling$141,5001which werenot appfovedby nor disclosedto the Boardof
Commissioners."

Charge#2 states: "The ManageradoptedPolicyNos.01-01,01-02,and01-03without

the consentor approvalof the Boardof Commissioners."

My answerto this is simple: (a) I did not submittfiosepoliciesto the Boardfor approval
becausethe Board, expresslyand implicitly, gaveme the powerto adoptthemwithout express
Boardapproval;and(b) I did authorizethosepaymentsto pyself because thg Board,expressly
and implicitly, gaveme the power to do so. In hindsight,fhereis no doubtthat, given the
changingnatureof electedBoardsand the shifting winds of political pressure,I madea major
enor ofjudgment in not expresslyinformingand seekingtfreapprovalof eaqhnew Board
concerningthe existenceof the policiesandconcerningthd individualpaymdntsto me before
they weremade. I acceptfull responsibilityfor thoseerrorsofjudgment. But I rejectany
suggestion that I everintendedto deceivethe Board,or actpdbeyondmy autfrorityas I in good
faith understoodit.

I sentthe Board extensivememorandaon February16,2009,and a fqllowup after

FebruaryL7,2009, explainingthe backgroundandjustifica]tionfor thesepaylnents. i attach
copiesof thesememorandato this letter,as ExhibitsA andB. Mr. Croffordbeforeme
administeredtheseyearend specialpayadjustments for hirpself,the director$,an6supervisors.
The paymentswere neverreferredto as bonusesgoverned$y section5-60(HX6)of the
AdministrativeCode. Whetheryou now agreeor disagreewith that approach,that is what
happened.

Mr. Crofford was responsible for awardingtheseyehrendspecialpay adjustments to

himselfandhis staff. I wasawareof the unwriffenguideli4eshe used. Thopeguidelines
essentiallytied eachjob's total compensptionto the total cofnpensation
of corfirparable
positions
in thecompetitivemarketplace, in accordanccwith thediredtionof section5-60(AX3),which
states: "Pay ratesof employees shallbe sensitiveto thepayof comparable ppsitionswith both
publicandprivateemployersin theregionand in othermarlcets with whom tl]e Townshipmust

tl
competeto attracrandretainthe employeesneededto sustaina successfuloperation." Exempt
job
who attainedor exceed"dtlt"i. annual goal$and who worked an excessive
To my
numberof hoursin theprior yearwereeligibleto receive4 specialpay adjustrnent.
"-pioy..,
knowledge,theseyearind specialpay adjustments werenbversubmittedto the Boardfor
upprou"f]Outat leastsome,if not all, Boardmemberskne* thattheywerebeingmade.

A sidebenefitof thesespecialpay adjustmentswadthat theyreplaceda long-standing

prior practiceof permittingmanagement andsupervisorydmployeesto accrueovera long period
tf ti*" comptime for excesswork houfs. Thus,the newfractice reflectedsoundmanagement
by
decisionsthat also eliminatedadditionalunfundedliability lqr accruedcomp time eamed
eligibleemployeesunderthat prior practice.

This was the landscapeI inheritedwhen I becameTownshipManagen. It was reflected

in Section5(C) of my employmentcontract,which expresdlyentitlesme to "specialpay
adjustmentsat the samerate and at the sametime as similahconsiderationis given to other
civitian employeesgenerally." Thereis nothingin this srhbparagraphthat requiresthat the
Board approveeachsuch specialpay adjustment.

My contractwas the result of an arm's-lengthnegotiationinvolving thenBoard President

Jim pierci, and CommissionerHank Mahoney,both of whbm arelawyersand were membersof
the Personneland Administration Committee. I believeddhatthey were fully awareof the
practicesI havedescribedabove.

on
My contractwasunanimouslyapprovedat an execdtivesessionof tho Commissioners
February26,200L My contracthasbeenavailableto evely sittingcommis$ioner to examineat
any time he or shewould want to do so.)

As far as I was concemed,my uoderstandingthat MessrsPierceand Mahoneywere

awareof the specialpay adjustmentpracticewasconfirmedby Mr. Pierce'sletterto our auditor
datedJune27,2002, the relevantportiorrr of which is quotedin footnotel, above. So thatthere
will be no question,I did not write this letter. However,after it was written, I includedit in the
weekly packageof information that was sentto eachComniissioner,as I did with every lefter
signedby the Board Presidenton behalfof the Board,so I dm certainthat eadhsitting
Commissioner receiveda copy of that lertter. No oneeverlnformedme thathe or shedisagreed

5 As an aside,a major brouhahahasdevelopedover the reldcationallowanceprovisionsin my

contract. This is not raisedin the Resolutionrelatingto my proposedtermirlationbecauseit
turnedout to be a trumpedup non-issue,but I deeplyresentthe mzumerin wllich this was
handledby certainmembersof theBoard,becauseit mostdefinitelypoisonedthe well of public
opinionagainstme. N4r.Croffordhada housingallowancdof a differentsorft,which probably
costthe Townshipmuch moretharimine hascost. RelocationallowancestaXdng many different
forms arecomnon in employmentcontracts. This wasmrituallyagreedupon. No onetwrsted
a n yo n e e lse'sarm.Ithasbeenexpres s ly d is c lo s e d in e v e rj, s in g le a u d it e d T p wn s h ip f i n a n c i a ]
statementsincethen. The imputedincomehasbeenreporhd on my W-2 by the Townshipeach
year,andI havepaid taxeson that imputedincor
Townshipto purchasean insluancepolicy on m)
theTownshipmay be reimbursed substantiallyir

l,l
 with the contentof that letter.

The policiesthat I wrote in 2001did nothingmorethanput on paperthepoliciesthatMr.

Croffordhad beenimplementingfor a numberof years, Puttingthesepastpracticesinto writing
was a soundmanagementpractice. Suchauthorityis gr{ntedto the TownshipManagerby the
administrativecodein section5-19,which saysoneof thbpowersand dutiesof the Township
and proceduresas shall be deemed
Manageris to "prescribesuchadministrativerules,practilces
necessaryor expedientfor the conductand operationof aldministrative
departments."

Rightly or wrongly, previousBoardshavedelegaledto the TownshipManager- meaning

me and Bob Crofford beforeme - virfually completeaut!'rorityand discretipnregarding
compensation, with very minimal input from Commissiohers on any employee'sindividualpay,
including mine. For yearsI requestedperformanceand palaryreviewsand neverreceivedthem.
Finally when I beganto receiveperfoqmance reviews,I rfeverreceiveda s4laryreview. With all
due respect,that is not my fault. I arnnot intendingto cfiticizeCommissioners,pastor present,
for their hands-offstylesover the years. I amjust statinga fact.

The presentBoardhasthe right to changethat apfroachprospectively. It is, however,

gTosslyunfair to apply that changeretroactively. You areseekingto punishme for failing to
follow a rule that I reasonably
believeddid not exist.

Ch!4rqes
3. 4.5 and 6: "Misrepresentations"

In Charge3, you accuseme of,misrepresentingtd the Boardin a safaryreviewon

December2,2008, thatmy total compensation was in th4$130,000rangewhen I knew it was
well in excessof $200,000per my W-2.

First,this wasnot a salaryreview. Therewasno "salaryreview." You know there

was no salaryreview. The meetingwas a performancereview, aad a one-sidedone at that
becauseit was top-downonly, and invoked new perform4ncecriteria withqut any substantive
input from me or my approval-a violationof section6 of my employmentagreement, which
says:

"Said performance reviewsand evaluationsshallpe in accordance with specificcriteria

developedJOINTLY by the Employerandthe Erirployee....Saidcriteriamay be added
to or deletedfrom as the Board may from time to time determineappropriate,in
consultationwith the Employep."

I recallthatat the end of the meeting,one commiqsioner,

I believeMr. Masterson,asked
whetherthe Boardwasgoingto condqcta salaryreview,which would havgbeenthe first ever
suchreview duringmy tenureas Mandger. Anothercotnmissioner, I believeMr. Fisher,said
he thoughtthe Boardwasthinking abouta pay freezefor all non-unionemployees. At that
point, anothercommissioner askedme what my salary rnlas,to which I replied,"in the
$ I 30,000s." Thesubjectof bonuses, [umpsumpaymenls, or any othertypeof compensation
wasnot raised.

t.i
 Contraryto statements by someBoardmembers,dt NO time duringthat meetingdid
anyoneask me what my "total compensation" v
question,and describemy full compensation pa
for all if I had. But I did not "misrepresent
my
answeringthe questionI wasasked.

In Charge#4, I am accusedof misrepres

entitled"2008 Compensation Packagq"in whicl
$ 167,85l, and in which I failedto disclosezurd.

You areunfairly distortingthat document. As n$tedabove,at theendof the December2

performancereview, you talkedaboutdiscussinga salarylreview. You had madeit clear that
therewas going to be a pay freezein effect, and I interprgtedthat to include the fact that I should
not be payingany yca-rend specialpay adjustments to m$ or my stafffor work in 2008. Yet I
foolishly thoughtthat therewasstill a chanceto show yob that I shouldget a pay raise. So I put
togethermy 2008 compensation pack4ge,which did not include any extra payment for 2008
becausethere was to be none,togetherwith informatio$on comparablesalariesat the Radnor
SchoolDistrict, Lower Merion Township,Upper Merion Township,and Tredyffrin Township,
which I presentedto you so that I could arguemy case.

In the Resolutions,you only attachedthe first pageof what I submitted. The entire
documentis attachedto this letteras$xhibit C. The balpnceof the document,which you chose
not to aftach,makesthe contextclear. I wasprimarily cfmparingbasepay to basepay - apples
to apples. I did not includethe yearend specialpay adjrpstment for 2007(receivedin early
2008),becauseit waspart of my 2007,compensationpacft<age.

Had I everbeengiventhe opportunityto explain|hesetablesto you, I would haveshown

you that my 2008compensation pack4gewas low compafedto my position'sbenchmarks - the
pay of the RadnorSchoolDistrict Superintendent,
the schooldishict'sbusi,nessadministrator,
the Lower Merion TownshipManager,and the RadnorTpwnshipSuperintendent of Police.

My basepay plus longevitypay in my 2008com$ensation

packagewas $135,851.

The RadnorSchoolSuperintendent's
2008bases[lary was$194,000.

The RadnorSchoolbusinessadminishat,

The Lower Merion TownshipManagcr's

The RadrrorSuperintendent
of Police's2
$ 1 4 0 ,36 0.

My plan was to try to convinceyou eitherthat I sfould geta salaryincrease,or to explain

to you the calculationprocedures underlyingthe yearen{ specialpay adjustments, to convince
you that underthoselong established guidelines,I shouldgeta lump sumpaymentof about
$18,000,rvhichwouldhaveput me within theguidelines] andmademy totalpackagefor 2008
competitivewith my benchmarks.At that time, thoseofiYouthat did not know aboutthe year
endpaymentswould havelearnedabqutthem,and hadt$ehistoryandreasoning explainedto
eventsovercardeall of us.
you. We nevergot to thatpoint because

In short,it is simplywrongto fakethis documentout of contextandtwist it into

somethingthat it is not, and neverwas intendedto be.

In Charge#5, you say I misrepresented to the Boqrdof Commissionersand its Personnel

andAdministrationCommitteein calqndaryears2006a4d2007thatthetotalpayof the Manager
asrepresented in the SalaryHumanResourceSchedule $ 140,262 and$ 146,078,
"tas
respectively,when the total pay for Managerwas $181,070and$199,999,respectively.In
Charge#6, you sayI similarlymisreplesented the totalpf,l of otherTownshipemployees by
failing to disclose"bonus payments" tnadeto them.

Onceagain,you aretakingdocumentsout of context. First,I providedthesedocuments

at the requestof then Commissioner Ann MicheleHiggi$s,a memberof the Personnel&
Administration Committee. I gave her what sheaskedf[r: a list of baseand longevity pay for
all employees. I do not recall why sheaskedfor what sheaskedfor, but that was her business.
I gavewhat wasrequested.

Second,the numbersI providedwere in 2006 and 2007 werc budgetfigures,not actuals.

Third, my W-2s reflect,in ad{ition to my payrollchecks,my deferned compensation, my

yearend specialpay adjustments, theannualforgiveness of my relocationloan,the grossup on
that amountto cover my increasedtax payment,and a life insurancepolicy. If Commissioner
Higginshad askedme to providehcr with an itemizationof my lastyear'sW-2, I would have
donethat.

The only thing I canbe accusedof hereis failingto realize,in 2006 and2007, how these
documentswould be fwistedand usedagainstme in 200fl. I pleadguilty to thatoffense.

Charqe 8;. "Falsification" of Documents

In Charge#8, it is allegedthat I altered,falsified, and"/ormanufacflmedTownship

businessrecordsby preparingon or aboutFebruaty23,1009new Salary/Human Resource
Schedules for calendaryears2006 arfi 2007,includingin thoserecordsfor the very first time the
unapprovedand undisclosed bonuspaymentsand misreppesenting to the Boardof
Comrnissioners in executivesessionon February23,20q9thatthe aforesaidrecordswerenot
newly createddocuments;hence,intendingto misleador falsify the recordsandfacts.

I askedfor, but wasdeniedacgess to, my computprto preparethis positionstatement.

Unlesssomeonehassubsequently deletedit, on my com$utertherewill be a compensation
spreadsheet that I createdfor all employeeseachyear,whichshowsall of the compensation
budgetedfor eachemployee,includingthe yearend speqiallump sumpayments. On February
23rd, appatentlyin preparationfor his well planned(but frnknownto me) attack,

l-s
cross-examination andpublic humiliationof me,6theBoardpresidentsentme fwo emails
demandingcopies"rlow" of variousySars'salarybudgetftruman resourcesphedules. To fulfill
theserequests,I copiedand pasted columns from the histdricspreadsheets on my computer that
containedthe information he requestedinto new spreads\eets. You aretechnically correct that
thesespecificcomputerfiles werenewly created. You afe deadwrongthatthe documents
containingthis informationdid not previouslyexist. I rleitherfalsifredrecordsnor facts.

Charse9: Solicitor'sPay.Increase

Finally, in Charge#9, I am chargedwith unilater4llygranting,withoutnoticeto, consent

of or approvalby the Boardof Commiissioners, an increa$ein theTownshipSolicitor's
compensation from $5,865a monthin 2008to $6,500a monthin 2009evenafterthe Boardhad
decidedon December15,2008,ihat therewould be no cqmpensation increasesin 2009.

When I was confrontedby the Board Presidentaboutthe increaseto Mr. Blake's

compensation,I replied honestlythat I did not know the 4lswer, and that I would get back to the
ISoardwith the answer. That was true becauseI did not bt the time recall that he had receivedan
increase. I wasnevergiven thechanceto getbackto you beforeyou passedyour resolutionson
March 5.

Without accessto my computerrecords,I cannotbe certainof the precisefacts. I

understandthat you do not want to give me that opporturl]ity;that's your choice. But piecing
thingstogetherthe bestI can,havinghadan opportunityto reviewthingsin my mind, I believe
the following is correct.

Late last sulrllner,duringan executivesessionin',|'rhichhe wasadvisingthe Boardabout

the statusof a lawsuitagainstthe Township,Mr. Blakeaflvisedthe Boardthathe had been
spendinga lot moretime in the pastfew yearsdealingwffi litigationmattqrson behalfof the
boardandon appealsof Zoning HearingBoarddecisionsl

A day or so afterthat,Mr. Malxoney, as Boardpr(sident,askedme whatI thoughtabout

Mr. Blake'stime in dealingwith litigation. I told him it wasmy impressionthatMr. Blake was
indeedspendinga lot moretime in courtthal he usedto. So Mr. Mahoneyaskedme to askMr.
Blaketo preparean outlineof his time spenton routines$licitordutiesversushis time spenton
litigation mattersand in court and what that extratime fof thoseserviceswould likely cost on an
hourlybasis.

I believethe effectivehourly rateMr. Blake wascharging,whenyou compuue the time he

spenton Townshipbusinessto whathe was beingpaid,vyorkedout to about$75 to $85 per hour.
But while Mr. Blakeis morethan capableof speakingfoifhimselfon this matter,I believethat he
o All of which was completelygratuitousbecause, sever4ldaysbeforeFebruary23,Ihad
providedthe Boardwith written answorsto all the questi$nsthe Presidentcross-examined me
about(otherthanthoserelatingto the solicitor,a new issueI addressbelow). The Presidentdid
not gainany new information,but he did establishwithoqtquestionhis ability asan experienced
trial lawyerto catchunawaJes andeffectivelycross-exan-iinca personwho hasno lawyeror
judgepresentto protecthis rights.

l6
 was somewhatreluctantto rock the boatwith anything his retainerwith
do with restructuuing
the Township.

Nevertheless, Mr. Mahoney,believingit waspro to consideran pdjustment in the

solicitor'sretainerfor court work, advisedtheentire at the next executivesessionthat Mr.
Blakehadbeenaskedto submita costestimatefor this ha work.

Knowing this was an issue,when I was prepadng hepreliminwy2009budgetlast

September,I includedan extra allowancein the retainers br bothtownshipsolicitorDaveBlake
and the Zoning HearingBoard solicitor JohnRyanon spreadsheets.

Fastforwardto December15.2008. The Board hat night adoptedthe 2009budgetwith

afreezein pay for all non-unionemployees.Resolution2008-33is quite specific: thereis to
be"aIYo increasefor non-unionemployees." Neither . Blake nor Mr. ff.yanis an employee
of the Township- They are independentattomeysin pri practice,who in 2009ue not being
paid out of the salaryline items in the budgetbut rather contractualservices.andreceiveForm
1099sat the endof eachyear.not W-2s.

Having a pretty good idea whafithe Boardpl on doing on Deqember15 regarding

salaries,in the week leadingup to that meetingI had :d an adjusted2009salarybudget
scheduleoff of the original2009 salarybudgetfile to the Board'sliftely approvalof a pay
freezefor non-unionemployees. For convenience,I always included the solicitors,
commissioners andmembersof the ZoningHearing on those spreadtheets.

When I was changingindividual non-unionem ' salaryfigulesin the adjustedfile

to reflect apay fteeze.I simply did nottfocusoneway or other on Mr. Slake and Mr. Ryan.
The result of that was that i left intact the retaineri I had programmedlast Fall. I
believethat the increaseI had progrannmed for Mr. Ryan was$1,000 - from$10,000 to $11,000.
I want to make it clear that at no time did either Mr. or Mr. Ryan ever solicit an increasein
their retainers. I wasfollowins what I took to be Mr. ey's suggestibn that it would be
prudentto budgetfor additionalsolicitorsxpenses in to reflect the ingreasedhours of their
work. It is not a pay increaseto pay a private practice more if he works morehours.
To the contrary,if he worlcsmore hoursbut you pay him he same,thatwopld bea pay cut.

The two thingsthat strike me the most regarding is lastchargearq:(a) this wasa simple
spreadsheet errorthat couldhavebeeneasilycorrected e a memberof the Boardto have
madea simplephonecall to the FinanceDirectoror me opposedto presqminga nefarious
motiveaadusingit asa "gotcha"mornentat a public rne ing; and (b) the Foardhaschosento
highlightonly the enor affectingMr. Blake'sretainer not the one affectingMr. Ryan's. Is
that a coincidencebecauseperhapsyou didn't know t Mr. Ryan,or is it becauseMr. Blake
was a mucheasiertarget,sincehe wasviewedto be iatedwith me, and was anothertarget
of Mr. Osborne'sbile?

Nevertheless,
I acceptthat my failureto focuson two solicitors,andto askthe
Commissionerswhat they wishcd to do about solicitor pensationgiventhediscussions
severalmonthsearlier,was an oversightfor which I responsibility.However,therewas

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no effort - covertor otherwise- to compensatelvft. B of the Board. No
conspiracy,no ill intentions,no cover-]up.

Final Thouehts

Over the lasttwo decades,

incl$dinfethe last eight beeninstrumental
in bringing RadnorTownship significtnt, fong-lastingim rganizationand our
communitylsquality of life. Theseir4provementsand

costsasd resultofour 2007

early retirementincentiVeplan.

the next ten yearsasa resultof

and the FOP the ilransitionto a new
hybrid, premium-basedLrealthbenefits

excludingthe savingsnotedabove,totali

a mere2.0o/oper year,ulell below the rate

A new comprehensivel{nd pseplan, thq yne Master the WavneBusiness

OverlayDistrict ordinarices]the town cdr residentialand
ordinances,the studentrrentalhousing and the hi preservauon
ordinance.

Acquisitionof over 50 apresin landfor andpassive , and the

openingof the RadnorTrail.

acquisitionof 90+ acresofopen space.

Townshiphasb named the Best

Place to Live in the Suburbsand the 3 Place in the U. to Live and
Launcha business.

record accomplishment
or.usuccess truly teameffort.
Now I canonly hopeandpray that you; thBelectedreprer ives of the ofRadnor
Township-- wilt do the right thing for fll orfucitizens,ipcl ing Kelly, J and Hannah
Bashore,and takeinto accountthe 2l+ fearisof productivededicated,and al service that I've
glven to our commuruty.

r of its leaders that I

hat the overwh ing rnajorityof

t8
our entire communityis calling for that we all beginto heal move on with our
lives.

I can accepta decisionthat 't think I right person is job any longer.
But remember,if you fire me for Osbqrne his self-decl one-manwar
againstme, and every citizen of sr up- o race,every , every sexual
orientation,everyreligion, everynat in -- not ber of this Board --
is a casualty.

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