E. Penn seeks ethics answer

The East Penn Township board of supervisors is asking the state Ethics Commission to determine whether one of its own members improperly shared a document created for the supervisors.

The board voted 4-0 to ask the commission to open an inquiry into Supervisor Deanna Cunfer.

The supervisors have taken issue with Cunfer providing to a relative a summary of a township ordinance which regulates biosolids, while her family’s farm is the subject of a pending application to use biosolids as fertilizer.

Cunfer abstained from the vote.

“They could determine nothing improper was done. It’s simply asking them to look into it,” solicitor Robert Frycklund explained.

Cunfer’s daughter-in-law, Katherine Hetherington-Cunfer, wrote a letter to the Pennsylvania Attorney General’s Office last month challenging the township’s ordinance. Hetherington-Cunfer said in her complaint she felt it violated the state’s Agriculture, Communities and Rural Environment law.

Her letter cited the summary document, which was prepared solely for the use of the supervisors.

The other supervisors became aware when the AG’s office sent them a copy of the complaint. Supervisor William Schwab said he was upset to see a document prepared for the board of supervisors used in a complaint against it.

“You swore an oath to uphold the laws of the Constitution of the state of Pennsylvania and our ordinances, and you’re challenging ordinance 77 using township internal documents. I have a problem with that,” Schwab said.

Cunfer responded to Schwab Monday night by saying that she recalled asking her fellow supervisors in February if it was OK to share the document with Synagro Inc., the company which has proposed spreading biosolids on the Cunfer farm.

“I did not hear one word from one of you on the board,” she said.

Supervisor Steven Heckman said he was in favor of having the ethics commission make a determination. Supervisor Alice Berger said they would do the same for any of the supervisors if they faced a similar situation.

“I think we should. If it was any of us, we’d be doing it too. It’s in violation,” she said.

Cunfer made a motion that she no longer wants any correspondence from the township regarding her family’s proposal. The board granted her request.

Synagro’s request to DEP to use biosolids on 165 acres owned by Dennis Cunfer and Wanda Crostley was tentatively approved last month. The supervisors voted to appeal the decision at a special meeting March 29. Another special meeting is scheduled for 6:30 p.m. April 26 at the East Penn Social Hall.