By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

As part of its ongoing investigation into the “criminal sexual misconduct” incident which occurred during the Williamsport Area High School baseball team trip to Myrtle Beach, South Carolina in the spring of 2018; Right to Know Law requests continue to be made of the WASD by this author.

In recent weeks, ALLEGED PERPETRATOR #1 was charged by South Carolina law enforcement authorities and remains a captain on the Williamsport Area High School baseball team.

Since the first Right to Know Law request was filed in 2018 by this author; the WASD has engaged in very consistent behavior to conceal the existence of “public records”.

Contained within the most recent WASD Right to Know Law responses are disturbing revelations as well as a missing legal services invoice which was “inadvertently left out”; according to Wanda Erb, WASD Open Records Officer.

After the omission was pointed out by this author last evening; the missing legal services invoice was miraculously provided as a “supplement” to the WASD Right to Know Law response this morning.

Let us explore the chronology and connections to those involved in drafting and publishing the “WASD Statement on the Myrtle Beach incident”; which will be proven to be based on the WASD fear of a pending WNEP-TV investigative piece that was set to air in January 2020 and not based on social media posts.

What role did the Little League Baseball, Incorporated chief (legal) counsel which is the same person representing former WAHS baseball coach Ryan Miller play in the release of the statement as well?

The following chronology is based upon information obtained from WASD Right to Know Law responses, previous reports on TalkWilliamsport.com and publicly posted biographical information.

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Dave Bohman is the former investigative reporter at WNEP-TV. He sent the following email including questions regarding the Myrtle Beach incident to WASD Solicitor Fred Holland on January 2, 2020.

“Our Newswatch 16 Investigation is scheduled to run next week, and we would appreciate a prompt response and someone to be designated for an on-camera interview.”

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January 2, 2020, WASD Solicitor Fred Holland billed the WASD for 0.70 hours and a total of $105.00 for a “Telephone conference with D. Bohman, Tim Bowers; emails; Telephone conference with Tom Marshall.

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EDITOR’S NOTE: Tom Marshall is currently representing former WAHS baseball coach Ryan Miller in civil litigation against this author and other defendants. 

According to his bio on the McNerney, Page, Vanderlin & Hall website; “Tom serves as General Counsel to Little League Baseball, Incorporated and is the Managing Partner and Chairs both the Commercial Litigation Practice Group and the Oil and Gas Practice Group.” 

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When Marshall had the “Telephone conference with Tom Marshall” on January 2, 2020 was he acting on behalf of his client Little League Baseball, Incorporated or former WAHS baseball coach Ryan Miller or both?

Solicitor Fred Holland did not delineate that on the legal services invoice submitted to and paid for by the WASD.

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January 3, 2020, attorney Jeff Rowe billed the WASD for 1.90 hours and a total of $285.00 for

“Telephone conference with Fred Holland, T Bowers, etc; drafted statement;

email to Atty T. Mutchler.

So according to the legal services invoice; did attorney Jeff Rowe draft the initial WASD Statement on the Myrtle Beach incident?

Also, on January 3, 2020, WASD Solicitor Fred Holland billed the WASD for 2.00 hours and a total of $300.00 for a “Telephone conference with Tim Bowers; emails; Review of Bartley Article; draft statement.

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In an undated E-mail WAHS head principal Brandon Pardoe who ran the investigation of the 2018 WAHS baseball team incident in Myrtle Beach sent the following:

From: Brandon Pardoe

To: Roger W. Freed (WAHS principal); Sean McCann (WAHS athletic director)

Subject: WASD Board Meeting

“Sean and Roger,

We have been requested to attend the board meeting on this day and to stay for an exec session with regard to the Myrtle Beach trip. Detective Weber will be present to join the four of us to inform the board about the events and actions of this ongoing topic. Just wanted to let the two of you know ahead of time so you can attend.

Thanks,

BP”

The email appears to have been redacted since no date is actually provided as referenced by Pardoe in the body of the email.

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On January 6, 2020, WASD Solicitor Fred Holland received a call from Dave Bohman and documented it to WASD Superintendent Dr. Timothy Bowers in an email at 5:06 p.m.,

“Bohman also called me, but I am not taking the call.” 

There are multiple lines redacted in the email exchange between Dr. Bowers and Holland.

January 6, 2020, WASD Solicitor Fred Holland billed the WASD for 0.30 hours and a total of $45.00 for

“E-mails with D. Bohman.

Bohman received the following response from WASD Solicitor Fred Holland that day at 4:59 p.m.

“Below is the response of the District.

We do not wish to participate in an on-camera interview.

Near the end of the 2017-2018 school year, an incident involving indecent and inappropriate behavior on the part of a baseball player during the team’s spring trip to Myrtle Beach, South Carolina was brought to the attention of District officials by local law enforcement personnel. The information had not previously been reported to any
District administrator or employee. A prompt investigation was done, and appropriate discipline was imposed. Federal educational privacy laws prohibit the District from disclosing any specifics regarding what discipline was imposed and what students were disciplined. Similarly, pursuant to Pennsylvania law, the District cannot reveal any discipline imposed on district employees, short of termination or demotion. 

In addition to the District conducting its own investigation, the matter was investigated by outside agencies, specifically the Lycoming County District Attorney’s Office and the authorities in Myrtle Beach. When contacted by Myrtle Beach authorities, the high school principal immediately referred them to the District Attorney’s Office and the school resource officers, who are officers with the Williamsport Bureau of Police. All questions regarding why charges were or were not pursued are more appropriately addressed to those agencies. It should be noted that the District first became aware of this incident after law enforcement had already been contacted.

The District’s investigation was conducted by the high school principal, other administrators, and legal counsel. Once it became clear which students were and were not involved in the incident, it was apparent that the high school principal had no personal conflict of interest. As is the case with every student disciplinary matter of this degree, the District allows legal counsel to be present if a student or a student’s family so desires when that student is being interviewed and when potential disciplinary measures against that student are being discussed. No outside legal counsel was present for any other meetings or interviews.

The District has communicated with families of all students involved with the incident to the full extent they are able while abiding by the restrictions of federal educational privacy laws, which prevent the District from disclosing both the type of discipline imposed and the identity of the students on whom discipline was imposed.

The District understands that these restrictions can be frustrating for parents of other students impacted by such incidents, as well as for the students themselves.

Further, the District worked with the families of involved students to provide the most comfortable and appropriate education setting for the students following this incident, and has at all times endeavored to act in the best interest of the students.

Best regards,

Fred”

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EDITOR’S NOTE: Would Fred Holland characterize “an incident involving indecent and inappropriate behavior on the part of a baseball player during the team’s spring trip to Myrtle Beach, South Carolina”; as such, if he had actually seen the video of the incident in question?

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January 7, 2021 – WASD school board meeting; “PRESENT: Lori A. Baer, Jennifer Lake, Jane L. Penman, Patrick A. Dixon, Star Poole, Barbara D. Reeves, Marc D. Schefsky, Nancy Somers, Adam C. Welteroth.”

ITEMS FROM PUBLIC

“Carlos Saldivia of West Fourth Street addressed the Board regarding the alleged incidents that occurred in the Spring of 2018 in Myrtle Beach.He ended his comments by asking the Board to please issue a statement and to not continue to remain silent.”

ITEMS FROM BOARD MEMBERS

“Ms. (Jennifer) Lake stated that she is in a reflective time in her life with her daughter in her senior year. She recognizes the influence that teachers and principals have had on her daughter. She wanted to thank them and stated the care and dedication they give to the students does not go unnoticed.”

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January 8, 2021, WASD Solicitor Fred Holland billed the WASD for 0.70 hours and a total of $105.00 for

“Legal research regarding Independent investigators; review draft statement.”

Adam Welteroth is the only WASD school board member to publicly call for an independent investigation into the Myrtle Beach case. His well documented motion for that request did not garner a second.

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January 9, 2021, WASD Solicitor Fred Holland billed the WASD for 1.20 hours and a total of $180.00 for

“E-Mails with Administrators; Review of statements as re-drafted;

E-mail and Telephone conference with D. Bohman, Tom Marshall.”

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Why is WASD Solicitor Fred Holland having a “Telephone conference with Tom Marshall” the same day Marshall filed a civil lawsuit against this author on behalf of former WAHS head baseball coach Ryan Miller?

Why is WASD Solicitor Fred Holland having a “Telephone conference with Tom Marshall” less than 48 hours from a WASD School Board member publicly asking for an independent third party investigation into the Myrtle Beach incident and how the WASD handled the case?

Why is WASD Solicitor Fred Holland having a“Telephone conference with Tom Marshall”  less than 24 hours after performing “Legal research regarding Independent investigators”; of which Ryan Miller would be a person of interest since he was the coach in March 2018 and was on the trip in Myrtle Beach?

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On January 9, 2020 the “WASD Statement on Myrtle Beach Incident” was released to the public.

It was released with the following preamble; “The Williamsport Area School District proactively serves students and families of our community. We take this responsibility seriously, and the safety of our students is our top priority. The district follows a high standard of communicating with the public and protecting the privacy of our students.

In light of recent concerns raised on social media, it is evident that the circulation of inaccuracies and misinformation have created confusion that is detrimental to students, staff and the district.

The district is releasing the following statement to provide facts where we are legally able to do so, while still protecting the privacy of students.”

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January 10, 2020, WASD Solicitor Fred Holland billed the WASD for 0.60 hours and a total of $90.00 for

“E-mails conference with Tim Bowers.

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January 17, 2020, WASD Solicitor Fred Holland billed the WASD for 0.20 hours and a total of $30.00 for a “Telephone conference with J. Beague.”

EDITOR’S NOTE: John Beague is a reporter for PennLive with deep connections to a number of parties involved in the Myrtle Beach story.

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On January 22, 2020, WASD Solicitor Fred Holland billed the WASD for 0.30 hours and a total of $45.00 for a

“Telephone conference with R. Gardner, Tim Bowers.”

EDITOR’S NOTE: Ryan Gardner is the Lycoming County District Attorney.

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From the press release released on May 5, 2020 by Lycoming County District Attorney Ryan Gardner referring back to a meeting with the family of JOHN DOE #1 in January 2020 as noted in PART XV:

Prior to taking office in January, it was difficult to ignore the many questions surrounding the alleged sexual misconduct by a member of the WASD baseball team during an organized team tournament held in South Carolina. The sexual misconduct was reportedly captured on video. It was further suggested that more than one video existed that potentially depicted additional sexual misconduct committed upon one or more other unnamed victims/teammates.

Within the first two weeks after taking office, the newly appointed Chief County Detective, Michael Simpler, and I traveled to the home of the alleged minor victim to meet with the Mother and discuss the incident that occurred in South Carolina. The victim’s Mother did provide details consistent with previously published articles regarding the subject matter including, but not limited to, information verified by the video possessed by the District Attorney’s Office.

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On January 27, 2020, WASD Solicitor Fred Holland billed the WASD for 0.40 hours and a total of $60.00 for a

“Review suit filed and news article.”

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On January 29, 2020, WASD Solicitor Fred Holland billed the WASD for 0.20 hours and a total of $30.00 for

“Review article.”

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It is interesting to note the COVID-19 global pandemic seemed to put a pause on things until May when they began to pick back up again. On May 5, 2020 Lycoming County District Attorney Ryan Gardner referred the Myrtle Beach case to PA Attorney General Josh Shapiro as noted in PART XV.

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On July 4, 2020 WASD special counsel Howard Kelin billed the WASD for 0.25 hours and a total of $73.75

“Review background information on lawsuit and prior news articles.” 

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On July 15, 2020 attorney Tom Burkhart billed the WASD for 0.40 hours and a total of $60.00 for

“Telephone conference with Attorney Allen Page re: Ryan Miller RTK requests;

follow-up email to Attorney Page with scope of RTK requests.”

WASD Solicitor Fred Holland billed the WASD for 0.50 hours and a total of $75.00 for

“Conference with Tom Burkhart; Telephone conference with Tom Marshall.”

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On July 16, 2020 attorney Tom Burkhart billed the WASD 0.10 hours and a total of $15.00 for

“E-mail to Attorney Allen Page re: scope of RTK request directed to Ryan Miller.”

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On July 17, 2020 attorney Tom Burkhart billed the WASD 0.30 hours and a total of $45.00 for

“E-mail to WASD & Howard Kelin with status update re: Ryan Miller RTK request/IT issues.”

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On July 20, 2020 WASD Solicitor Fred Holland billed the WASD for 0.30 hours and a total of $45.00 for

“E-mail Jeff Litts.”

EDITOR’S NOTE: Jeff Litts, is also serving as WASD special counsel.

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On July 21, 2020 attorney Tom Burkhart billed the WASD 0.10 hours and a total of $15.00 for

“E-mail to Attorney Allen Page requesting written summary of the position Ryan Miller

re: RTK requests.”

On July 21, 2020 attorney Tom Burkhart billed the WASD 0.20 hours and a total of $30.00 for

“E-mail to Attorney Holland — update on Ryan Miller RTK request;

sale of radio station by Bartley.”

EDITOR’S NOTE: Why is the WASD so interested in the “sale of radio station by Bartley.” which is totally unrelated to responding to a Right to Know Law request? 

Is it also an appropriate use of WASD taxpayers funds?

Also, on July 21, 2020 WASD Solicitor Fred Holland billed the WASD for 0.30 hours and a total of $45.00 for

“Telephone conference with J Dohrmann.”

EDITOR’S NOTE: Jeffrey Dohrmann is a Partner in Williamsport Law firm Rieders, Travis, Humphrey, Waters & Dohrmann. Dohrmann was contacted for this story and has yet to respond.

Also, on July 21, 2020 attorney Tom Burkhart billed the WASD 1.30 hours and a total of $195.00 for

“Telephone conference with Attorney Allen Page e: RTK and Ryan Miller. 

Attendance at WASD Executive Session.”

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On July 22, 2020 WASD Solicitor Fred Holland billed the WASD 0.30 hours and a total of $45.00 for

“Conference with firm attorneys; emails.”

Also on July 22, 2020 attorney Tom Burkhart billed the WASD 0.40 hours and a total of $60.00 for

“E-mail update to WASD and counsel re: Ryan Miller.”

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On July 23, 2020 WASD Solicitor Fred Holland billed the WASD 0.70 hours and a total of $105.00 for

“Review FCC documents; Telephone conference with Counsel.”

EDITOR’S NOTE: What do “(FCC) Federal Communications Commission documents” have to do with Right to Know Law requests?

Also on July 23, 2020 attorney Tom Burkhart billed the WASD 1.40 hours and a total of $210.00 for

“Review of RTK case law regarding disclosure of records held by former employee of agency.”

When attorney Tom Burkhart notes on the WASD legal services invoice; “disclosure of records held by former employee of agency – is he admitting Miller has responsive documents to Right to Know Law requests?

If so, why do attorneys Page IV and Marshall continually object and refuse to allow former WAHS head baseball coach Ryan Miller to cooperate with the WASD on responsive documents to Right to Know Law requests?

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On July 24, 2020 attorney Tom Burkhart billed the WASD 0.20 hours and a total of $30.00 for

“Received and reviewed email from Attorney Allen Page re: Ryan Miller RTK request;

forwarding of Attorney Page’s email to special counsel and Wanda Erb.

“Received and reviewed RTK response to Todd Bartley by WASD to 1st RTK request; review of final response by WASD.”

Also, on July 24, 2020 WASD Solicitor Fred Holland billed the WASD 0.60 hours and a total of $90.00 for

“E-mail and telephone conference with various counsel.”

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On July 27, 2020 WASD Solicitor Fred Holland billed the WASD 0.30 hours and a total of $45.00 for

“Review docket entries, court order.”

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On July 28, 2020 attorney Tom Burkhart billed the WASD 0.10 hours and a total of $15.00 for

“E-mail to Wanda Erb re: update on 2nd RTK request.”

On July 28, 2020 WASD Solicitor Fred Holland billed the WASD 0.30 hours and a total of $45.00 for

“Review public record documents.”

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On July 30, 2020 attorney Tom Burkhart billed the WASD 0.20 hours and a total of $30.00 for

“Received and reviewed email from Attorney Litts; Review of draft response to RTK Request #2 and documents.”

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Going back to the spring of 2018; based on the legal services invoices obtained from the WASD through the Right to Know Law the following is the response of the WASD to the “coach issue.”

“In Reference To: Employment Issues – Professional Services

On April 19, 2018 WASD Solicitor Fred Holland billed the WASD for 0.20 hours and a total of $28.00 for a

“Telephone conference with Tim re: Coach issue.”

On April 20, 2018 WASD Solicitor Fred Holland billed the WASD for 2.30 hours and a total of $322.00 for a

“Meeting with Tim, Susie, Anne et al.”

EDITOR’S NOTE: Tim is Dr. Timothy Bowers, WASD Superintendent, Susie is believed to be Susie Bigger, WASD Assistant Superintendent and Title IX Coordinator and Anne is Anne Logue, WASD human resources department.

On April 27, 2018 WASD Solicitor Fred Holland billed the WASD for 0.30 hours and a total of $42.00 for a

“Telephone conference with Anne and Tim.”

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Were these the “re: Coach issue” conversations concerning then WAHS head baseball coach Ryan Miller showing up to a game intoxicated and being allowed to coach said game?

With the WASD human resources department representative Anne Logue in the conversation; was the termination of the employment of Ryan Miller as WAHS head baseball coach being discussed?

Who would ever foreseen the unfortunate circumstance of a 2-time DUI offender showing up to a game intoxicated.

Maybe the person who gave their full-throated endorsement of Coach Miller getting the head coaching job in the first place could answer that?

Anyone heard from Randy Zangara on this topic?

Miller and Zangara had a lengthy phone exchange in the hours leading up to Miller resigning as noted in “A Baseball Story In The Birthplace Of Little League Baseball” – PART II.

Ryan Miller resigned on April 20, 2018, citing “family reasons”.

Where were attorneys Allen Page IV and Thomas Marshall then?

Why, to this day are former WAHS head baseball coach Ryan Miller and current WAHS head principal Brandon Pardoe unable to provide any phone records to this REQUESTER in all times relevant to the Myrtle Beach trip; even though both readily admit they had their phones on the trip?

The one year anniversary of Josh Shapiro, PA Attorney General receiving the case referral from Lycoming County District Attorney Ryan Gardner is less than one month away.

This is a developing story on TalkWilliamsport.com.

LINKS TO THE SERIES PUBLISHED BY Talk Williamsport

Dark Shadows engulf WASD regarding transparency…again

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXIX

AG interviews of Dr. Bowers, Pardoe and Erb confirmed in WASD Legal Services Invoices

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVIII

How did Pardoe, McCann and Miller all forget the 2018 Myrtle Beach room assignments email?

How did Wanda Erb miss this email on the WASD.org server? – PART II

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVII

How did Wanda Erb miss this email on the WASD.org server?

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVI

WAHS Principal Pardoe immediately responded to Ricky Stryker threat raised by Coach Ryan Miller

Marc Schefsky, WASD School Board member announces intention to resign

WASD School Board candidate petitions obtained, connections run deep

WASD School Board to discuss vacant board seat tonight

Lycoming County District Attorney office confirms receipt of Marc Schefsky non-WASD residency complaint

WASD school board removes 2023 Disney band trip from agenda

Residents circulate petition for immediate removal of Marc Schefsky from WASD school board

Nancy Somers resigns from WASD school board

BREAKING NEWS: Resignations to be announced at the WASD School Board meeting tonight

WASD solicitor Fred Holland wants $20,000 retainer and a raise for ’21-’22

UPDATE: WASD acknowledges existence of “room assignments” email, contradicts prior Wanda Erb affidavit

UPDATE: WASD has 48-hour deadline to respond to Right to Know Law requests

WASD School Board major changes are forthcoming

OP-ED: Another Embarrassing Display of Willful Ignorance by the WASD school board

OP-ED: Long past time for Dr. Bowers to resign as WASD Superintendent

BREAKING NEWS: Is the WASD finally acknowledging Myrtle Beach victims with new policy?

Marc Schefsky WASD school board resignation could be the least of his issues

BREAKING NEWS: Marc Schefsky resigning from school board after WASD residency questioned

Residency of WASD School Board member in question

BREAKING NEWS: WAHS student criminally charged by South Carolina authorities in 2018 baseball team incident

UPDATE: Major development in the 2018 WAHS baseball team “criminal sexual misconduct” case

WASD lack of response clock posted

WASD fails to acknowledge “victims” in Myrtle Beach incident; uses death of George Floyd as distraction

A Baseball Story In The Birthplace Of Little League Baseball – PART XXV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXI

A Baseball Story In The Birthplace Of Little League Baseball – PART XX

A Baseball Story In The Birthplace Of Little League Baseball – PART XIX

A Baseball Story In The Birthplace Of Little League Baseball – PART XVIII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

UPDATE: Charges filed in Greater Latrobe Junior High hazing case cited in “A Baseball Story”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

BREAKING NEWS: District Attorney Gardner refers Myrtle Beach case to PA Attorney General – PART XV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XII

A Baseball Story In The Birthplace Of Little League Baseball – PART XI

A Baseball Story In The Birthplace Of Little League Baseball – PART X

A Baseball Story In The Birthplace Of Little League Baseball – PART IX

A Baseball Story In The Birthplace Of Little League Baseball – PART VIII

A Baseball Story In The Birthplace Of Little League Baseball – PART VII

A Baseball Story In The Birthplace Of Little League Baseball – PART VI

A Baseball Story In The Birthplace Of Little League Baseball – PART V

A Baseball Story In The Birthplace Of Little League Baseball – PART IV

A Baseball Story In The Birthplace Of Little League Baseball – PART III

A Baseball Story In The Birthplace Of Little League Baseball – PART II

A Baseball Story In The Birthplace Of Little League Baseball – PART I

Fans often ask me, what if?

Millionaire Baseball Mayhem in Myrtle Beach

Largest Prevailing Wage Criminal Case On Record in U.S. History

Click here to view the livestream

HARRISBURG – Attorney General Josh Shapiro announced today that Glenn O. Hawbaker, Inc., of State College, has been charged with four counts of theft relating to violations of the Pennsylvania Prevailing Wage Act and the federal Davis-Bacon Act. Hawbaker is one of the largest contractors to complete projects on behalf of the Commonwealth, receiving an estimated $1.7 billion in funding as of 2021.

“This is the largest prevailing wage criminal case on record — under Pennsylvania prevailing wage law and across the United States under federal law,” said AG Shapiro. “My focus now is on holding Hawbaker accountable for breaking the law, and getting these workers their money back.”

“Employers across this Commonwealth, you are on notice: if you steal from your employees, if you misclassify workers, if you violate our labor laws, we are going to find out, we are going to hold you accountable, and we will do all we can so Pennsylvania workers receive the wages and benefits owed to them under the law,” said Shapiro.

The Pennsylvania Prevailing Wage Act and the Davis-Bacon Act were enacted to level the playing field and protect workers by ensuring that all contractors working on projects that receive state or federal funding pay the same wage rates, which are determined by state and federal agencies. Contractors are permitted to satisfy a portion of the required wage by providing fringe benefits to employees. This portion is referred to as a “fringe benefit credit,” and is calculated by determining the hourly equivalent of the value of the benefit to the contractor.

While Hawbaker boasted that it provided great employee benefits, in actuality, the company was stealing its workers’ retirement, health, and welfare money. As a result of Hawbaker’s conduct, individual workers lost tens of thousands of dollars from their retirement. Hawbaker used its workers’ fringe benefit funds to lower their costs, and thereby increase profits for the Hawbaker family.

“This is the third in a series of prosecutions related to wage theft and misclassification over the last few months – and it isn’t the last. Too often, the workers that get stolen from are underpaid, have been denied benefits, and have been put into dangerous situations without appropriate training. My Office is committed, with our partners in law enforcement, to keep fighting until workers are treated right,” said Shapiro.

These charges conclude a three-year investigation into the company’s practices for calculating and claiming fringe benefit credits. Investigators discovered that the company stole wages from its workers by using money intended for prevailing wage workers’ retirement funds to contribute to retirement accounts for all Hawbaker employees – including the owners and executives. As a result, workers received less money in their retirement accounts than what was owed.

Hawbaker also stole funds intended for prevailing wage workers’ health and welfare benefits and used them to subsidize the cost of the self-funded health insurance plan that covers all employees. The company disguised its scheme by artificially inflating its records of benefit spending by millions of dollars each year and claiming credit for prohibited costs. Those measures created the appearance that it provided employees with benefits that far exceeded the cost of those that it actually did.

Although investigators determined that the complex and well-disguised sleight of hand had gone on for decades, Hawbaker could only be charged for the last five years due to the statute of limitations.

Attorney General Shapiro recognized the people on the ground who noticed the theft taking place and thanked them for sounding the alarm.

“I recognize that thousands of people across Pennsylvania are finding out for the first time that they were a victim to this company’s crimes. If you are a worker and you believe that you may have lost out on benefits because of this company’s actions, we want to hear from you,” concluded Shapiro. “We’ve set a hotline for workers to reach out: 814-746-3518.”

The charges were filed by Supervisory Narcotics Agent Thomas Moore. The case is being prosecuted by Deputy Attorneys General Philip McCarthy and Lisa Eisenberg, Senior Deputy Attorney General Anthony Forray, and Chief Deputy Attorneys General Nancy A. Walker and Kirsten Heine.

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

On Monday morning an attempt was made by this author to clarify the role of current WASD solicitor and Union County Magistrate Judge Jeff Rowe in the Right to Know Law responses at his Union County Courthouse office.

Having previously been advised by Rowe, by phone to contact his office at Murphy, Butterfield and Holland and being unsuccessful; it only seemed right to give him an opportunity to defend his actions, in-person.

Earlier today, Rowe was presented with the fact that WASD Right-to-Know Law responses include his name.

At that point, this author identified himself and the reason for being there; Rowe interrupted and said, “you are not to be doing this here; these are separate matters.”

He added; “as I said before; you need to contact my other office.” 

Author: “I have called and emailed your office as you asked me to; and no one has responded.”

Rowe responded;

“If you are not getting a response; that is our response.”

Can you imaging how any party (person) appearing in the courtroom of Union County Magistrate Judge Jeff Rowe would be treated if they responded to him like that?

Is it any wonder a Union County Sheriff’s unit followed the vehicle of this author back to Route 15 in departing the Union County Courthouse; or is it just a coincidence?

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This is the same behavior that has been going on during this entire case, From Part III

On Wednesday July 31, 2019 at 3:20 PM a follow-up email is sent (by this author):

Fred (Holland): It would be my understanding that your client has declined the invitation for you to speak with me in regard to the documents provided so far.

Correct?

On Wednesday July 31, 2019, Holland responds at 3:32 PM in an e-mail copied to WASD Superintendent Timothy Bowers, WASD Open Records Officer Wanda Erb and WASD Attorney Jeff Rowe:

Todd, My client has not authorized me to speak further with you.

Fred,

Fred A. Holland , Murphy, Butterfield, & Holland, P.C.

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Current WASD legal counsel and Union County Magistrate Judge Jeff Rowe may have reason for concern based on the legal services invoices obtained by TalkWilliamsport.com.

In the days leading up to the publication of Millionaire mayhem; WASD Solicitor Fred Holland on August 21, 2018 billed the WASD for 1.80 hours and a total of $270 for “Attendance at meeting; Email R Poole; Telephone conference with and email re: Bartley report.”

The meeting attended was the WASD school board meeting; where members Lori A. Baer, Brette C. Confair, Patrick A. Dixon, Jennifer Lake, Jane L. Penman, Marc D. Schefsky, Nancy Somers and Adam C. Welteroth were all present.

Holland took part in allowing the WASD school board to appoint non-WASD resident Doreen Stafford to fill the vacancy which occurred when Spencer Sweeting unexpectedly resigned.

President Baer and Vice-President Penman recommended Doreen Stafford to fill the board vacancy.

A motion was made by Dr. Somers, and seconded by Mr. Dixon, to appoint Doreen Stafford to fill the vacancy
created by Spencer Sweeting’s resignation. The motion carried unanimously.

The non-residency issue recently popped up in the WASD with “Lycoming County District Attorney office confirms receipt of Marc Schefsky non-WASD residency complaint.”

Stafford later resigned for WASD non-residency reasons and Barbara Reeves was nominated and replaced her. Reeves is currently up for reelection in the primary this May.

Schefsky recently officially resigned from the WASD school board.

It was also the same meeting where Dr. Richard Poole, Director of Student Services, was recommended and approved as the WASD Safety and Security Coordinator.

From the Board meeting minutes of August 21, 2018:

A. Dr. Richard Poole, Director of Student Services, gave a brief overview of Act 44 of 2018.
Every school district must appoint an administrator as the District’s Safety and Security Coordinator.

Dr. Bowers is recommending Dr. Poole to fill this appointment.

Motion made by Mr. Dixon, seconded by Dr. Penman, to approve Dr. Poole as the District’s Safety
and Security Coordinator, to approve the minutes, agenda and both addendums.

_____________________________________

The next day, August 22, 2018, WASD Solicitor Fred Holland billed the WASD for 0.30 hours and a total of $45.00 for a “Telephone conference with Wanda (Erb) re: RTK request.

The same day, attorney Jeff Rowe billed the WASD for 0.40 hours and a total of $60.00 for:

“Internet search re: defamation claim against T. Bartley”

_____________________________________

Why is attorney Jeff Rowe researching a “defamation claim” that has nothing to do with a simple Right to Know Law request of the WASD?

As WASD taxpayers consider these indisputable facts; solicitors are only able to act upon instructions from their clients including the WASD school board or administration.

_____________________________________

On August 23, 2018, WASD Solicitor Fred Holland billed the WASD for 0.40 hours and a total of $60.00 for a “Telephone conference with Tim Bowers (WASD Superintendent); E-mail to T. Bartley.”

The same day, attorney Jeff Rowe billed the WASD for 0.20 hours and a total of $30.00 for:

“Internet search; E-mail to FAH.”

_____________________________________

On August 24, 2018, WASD Solicitor Fred Holland billed the WASD 0.30 hours and a total of $45.00 for:

“E-Mail R Poole; review of contract.” 

Holland billed the WASD for 0.40 hours and a total of $60.00 for:

“Read article; E-mails with client.”

_____________________________________

The “Read article” referred to by WASD Solicitor Fred Holland is Millionaire Baseball Mayhem in Myrtle Beach.

_____________________________________

From Part III

On August 24, 2018, at 9:34 a.m. the same date as the “Millionaire Mayhem” story was published, Darrick Dixon reached out through social media to the family of JOHN DOE #1 offering his help with the case.

He then referred the family of JOHN DOE #1 to an attorney in Philadelphia and told the family to tell the attorney “Tye sent them.” Tye is one of many aliases as well as fake social media profile names used by Dixon.

Dixon offered the name of an attorney in the Philadelphia area, Roland Jarvis, Sr. was contacted on August 27, 2018 by the family of JOHN DOE #1.

_____________________________________

What is interesting to note on the invoice as “Retainer Services” from August 27, 2018:

On August 27, 2018, WASD Solicitor Fred Holland billed the WASD 1.0 hours and a total of $150.00 for:

“Attendance at meeting – tax office“, whether that meeting pertained to this author may be answered in WASD Right-to-Know Law responses due in the near future.

On the same day, Holland billed the WASD for 0.30 hours and a total of $45.000 for:

“E-mails, Telephone conference with Atty Silver re: defamation issue.”

Contacted by phone, Attorney Steve Silver who previously represented Darrick Dixon in a civil case against this author and other defendants, confirmed “someone from the school reached out about the case.”

Silver added; “I told them, it’s on the docket and that’s all I am prepared to say about it.”

Currently practicing law in another state, Silver moved away from Pennsylvania in 2017. Silver still writes articles for national sports publications on occasion and is an avid sports fan.

_____________________________________

On August 30, 2018, WASD Solicitor Fred Holland billed the WASD for 0.20 hours and a total of $30.00 for:

“E-mail Tim Bowers.”

_____________________________________

Makes you wonder if that email contained the bad news of the Dixon case outcome; maybe not what the WASD and its leadership was hoping for?

Did WASD School Board president Lori Baer, her fellow board members and Superintendent Dr. Timothy Bowers take the word of Darrick Dixon about how much money he won in civil litigation against this author?

Maybe you should ask Dixon to show you the check.

You know, the one Dixon would have to cash with his Real ID.

Everyone already knows, Dixon won nothing.

_____________________________________

Back to Part III:

As WASD School Board President she (Baer) is in a position to allow Pardoe to conduct his own investigations as well as silence WASD Solicitor Fred Holland.

Previous stories in regard to the incidents in Myrtle Beach have been published by Talk Williamsport then shared to the Facebook page of the radio stations.

A poster made the statement in regard to this author “this man is an asshole!”

Baer subsequently “Liked it” on FACEBOOK.

When reached on Thursday, December 19, 2019 WASD School Board President Lori Baer was asked to comment for this story and the events in Myrtle Beach, she said

“it would be illegal for me to comment due to students rights.”

If nothing happened in Myrtle Beach then why won’t the WASD tell us the story?

Were the students rights President Lori Baer referenced that of JOHN DOE #1 or ALLEGED PERPETRATOR #1, VIDEOGRAPHER #1 or other students?

President Lori Baer has no issue with the FERPA exception allowing the publication of student names on the WASD Athletics Website as members of the Baseball team or on related social media pages.

When Baer was asked about the staff and administrators who were on the trip and their actions, she also declined comment citing she could not do to “personnel matters.”

_____________________________________

The overwhelming evidence of obstruction and hiding public records by the Williamsport Area School District is one for the history books.

Instead of answering simple Right-to-Know Law requests; the WASD as referenced in this story and so many like it the past several years used taxpayer funds to target this author and the family of JOHN DOE #1 in the Myrtle Beach case; in order to bury the worst scandal in the history of the district.

Fred Holland, Jeff Rowe and the Murphy, Butterfield & Holland law firm were recently renewed for another school year for services as WASD Solicitor.

There are still aspects of the story to be told.

This is a developing story on TalkWilliamsport.com.

LINKS TO THE SERIES PUBLISHED BY Talk Williamsport

AG interviews of Dr. Bowers, Pardoe and Erb confirmed in WASD Legal Services Invoices

How did Pardoe, McCann and Miller all forget the 2018 Myrtle Beach room assignments email?

How did Wanda Erb miss this email on the WASD.org server? – PART II

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVII

How did Wanda Erb miss this email on the WASD.org server?

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVI

WAHS Principal Pardoe immediately responded to Ricky Stryker threat raised by Coach Ryan Miller

Marc Schefsky, WASD School Board member announces intention to resign

WASD School Board candidate petitions obtained, connections run deep

WASD School Board to discuss vacant board seat tonight

Lycoming County District Attorney office confirms receipt of Marc Schefsky non-WASD residency complaint

WASD school board removes 2023 Disney band trip from agenda

Residents circulate petition for immediate removal of Marc Schefsky from WASD school board

Nancy Somers resigns from WASD school board

BREAKING NEWS: Resignations to be announced at the WASD School Board meeting tonight

WASD solicitor Fred Holland wants $20,000 retainer and a raise for ’21-’22

UPDATE: WASD acknowledges existence of “room assignments” email, contradicts prior Wanda Erb affidavit

UPDATE: WASD has 48-hour deadline to respond to Right to Know Law requests

WASD School Board major changes are forthcoming

OP-ED: Another Embarrassing Display of Willful Ignorance by the WASD school board

OP-ED: Long past time for Dr. Bowers to resign as WASD Superintendent

BREAKING NEWS: Is the WASD finally acknowledging Myrtle Beach victims with new policy?

Marc Schefsky WASD school board resignation could be the least of his issues

BREAKING NEWS: Marc Schefsky resigning from school board after WASD residency questioned

Residency of WASD School Board member in question

BREAKING NEWS: WAHS student criminally charged by South Carolina authorities in 2018 baseball team incident

UPDATE: Major development in the 2018 WAHS baseball team “criminal sexual misconduct” case

WASD lack of response clock posted

WASD fails to acknowledge “victims” in Myrtle Beach incident; uses death of George Floyd as distraction

A Baseball Story In The Birthplace Of Little League Baseball – PART XXV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXI

A Baseball Story In The Birthplace Of Little League Baseball – PART XX

A Baseball Story In The Birthplace Of Little League Baseball – PART XIX

A Baseball Story In The Birthplace Of Little League Baseball – PART XVIII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

UPDATE: Charges filed in Greater Latrobe Junior High hazing case cited in “A Baseball Story”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

BREAKING NEWS: District Attorney Gardner refers Myrtle Beach case to PA Attorney General – PART XV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XII

A Baseball Story In The Birthplace Of Little League Baseball – PART XI

A Baseball Story In The Birthplace Of Little League Baseball – PART X

A Baseball Story In The Birthplace Of Little League Baseball – PART IX

A Baseball Story In The Birthplace Of Little League Baseball – PART VIII

A Baseball Story In The Birthplace Of Little League Baseball – PART VII

A Baseball Story In The Birthplace Of Little League Baseball – PART VI

A Baseball Story In The Birthplace Of Little League Baseball – PART V

A Baseball Story In The Birthplace Of Little League Baseball – PART IV

A Baseball Story In The Birthplace Of Little League Baseball – PART III

A Baseball Story In The Birthplace Of Little League Baseball – PART II

A Baseball Story In The Birthplace Of Little League Baseball – PART I

Fans often ask me, what if?

Millionaire Baseball Mayhem in Myrtle Beach

By Todd Bartley, TalkWilliamsport.com

News@TalkWilliamsport.com

The Williamspoort Area School District since the 2018 WAHS baseball team trip to Myrtle Beach, South Carolina has deployed a narrative of “it was no big deal” and “we did everything the right way after law enforcement informed us of what happened.”

The truth of the matter and the documented record contradict that narrative.

The following information is based on legal services invoices obtained from the WASD through the Pennsylvania Right-to-Know Law.

On August 7, 2020 WASD solicitor Fred Holland exchanged emails with special counsel attorney Jeff Litts of the law firm Kegel, Kelin, Litts & Lord of Lancaster, Pennsylvania.

Of note on that date is a “Telephone conference with (AGENT WITH PA ATTORNEY GENERAL OFFICE)”

EDITOR’S NOTE: AGENT Name REDACTED by this author.

On the very same date WASD solicitor Fred Holland (FAH) sent an “email to T Bartley”, that email made no mention of the conversation with the PA Attorney General’s Office noted above.

The WASD was billed for 1.2 hours at a cost of $180.00.

_____________________________________

On September 3, 2020 WASD solicitor Fred Holland (FAH) notes an “E-mail and Telephone conference with Tim Bowers” lasting 0.40 hours at a cost of $60.00.

_____________________________________

On September 24, 2020 Thomas A Burkhart, Associate (TAB) performed a;

“Review of OAG Search Warrant; Discussion with Attorney Holland.”

EDITOR’S NOTE: OAG is OFFICE OF ATTORNEY GENERAL

The WASD was billed for 0.30 hours at a cost of $45.00

On the same date, WASD solicitor Fred Holland (FAH) also performed;

“Review warrant; Conference with firm attorneys and Tim Bowers;

Telephone conference with (AGENT WITH PA ATTORNEY GENERAL OFFICE) from AG’s office.”

EDITOR’S NOTE: AGENT Name REDACTED by this author.

The WASD was billed for 0.70 hours at a cost of $105.00

_____________________________________

On September 25, 2020, WASD solicitor Fred Holland (FAH) joined a;

“Telephone conference with B Pardoe, and (AGENT WITH PA ATTORNEY GENERAL OFFICE)”

EDITOR’S NOTE: AGENT Name REDACTED by this author.

The WASD was billed for 0.20 hours at a cost of $30.00

_____________________________________

Four days later, on September 29, 2020 WASD solicitor Fred Holland (FAH) received an;

“E-mail from B Pardoe; and

Telephone conference with (AGENT WITH PA ATTORNEY GENERAL OFFICE)”

EDITOR’S NOTE: AGENT Name REDACTED by this author.

The WASD was billed for 0.50 hours at a cost of $75.00

_____________________________________

The next day, September 29, 2020 WASD solicitor Fred Holland (FAH) “E-mail EDITOR’S NOTE: Name REDACTED by this author; Pick up documents.”

The WASD was billed for 0.70 hours at a cost of $105.00

_____________________________________

The Williamsport Area School District has not publicly acknowledged the ongoing investigation being conducted by the Office of Pennsylvania Attorney General Josh Shapiro.

The Williamsport Area School District has also failed to publicly acknowledge the exclusive reporting of TalkWilliamsport.com on September 29, 2020 of the existence of any “OAG Search Warrant”.

Legal services invoices obtained by TalkWilliamsport.com through the PA Right-to-Know Law confirm not only the search warrant but the interviews conducted by the OAG.

_____________________________________

Nearly a week later on October 5, 2020 WASD solicitor Fred Holland (FAH) had an additional

“E-mail and Telephone conference with (AGENT WITH PA ATTORNEY GENERAL OFFICE);

Wanda Erb.”

EDITOR’S NOTE: AGENT Name REDACTED by this author.

The WASD was billed for 0.30 hours at a cost of $45.00

_____________________________________

Three days later on October 8, 2020 WASD special counsel Jeffrey Litts (JDL) has a;

“Telephone conference with Wanda Erb and Dr. Bowers regarding Bartley right to know appeal and hearing officer inquiry about mediation; subpoena from Attorney General’s Office and upcoming negotiations for teachers’ contract”. 

The WASD was billed for 0.75 hours at a cost of $221.25

The same day, October 8, 2020 WASD solicitor Fred Holland (FAH) undertook a

“Conference with (AGENT WITH PA ATTORNEY GENERAL OFFICE)”;

Email client; Deliver documents requested; Telephone conference with Tim (Bowers).”

EDITOR’S NOTE: AGENT Name REDACTED by this author.

The WASD was billed for 0.90 hours at a cost of $135.00

_____________________________________

The next day, October 9, 2020, WASD solicitor Fred Holland (FAH);

“E-mail Brandon Pardoe, (AGENT WITH PA ATTORNEY GENERAL OFFICE)””

EDITOR’S NOTE: AGENT Name REDACTED by this author.

The WASD was billed for 0.30 hours at a cost of $45.00

_____________________________________

It will be curious if the transcripts of these interviews are ever released if WAHS head principal Brandon Pardoe asked the OAG agents; “can I ask who you tried to speak with?”

On the same thought; did Wanda Erb provide an explanation of how she missed the “room assignments” email she claimed “no records exist” until it was produced earlier this week after being requested for nearly four years?

Is Dr. Timothy Bowers, WASD superintendent regretting signing off on the “punishment” recommendation for ALLEGED PERPETRATOR #1 by WAHS head principal Brandon Pardoe?

Finally, are WASD solicitor Fred Holland and his associates having any second thoughts about granting permission to allowing WAHS head principal Brandon Pardoe to conduct an “investigation” into the 2018 WAHS baseball team trip to Myrtle Beach, South Carolina?

Makes you wonder if any of the WASD school board members are regretting their failure to provide a second to the motion made by fellow board member Adam Welteroth to discuss having an “independent third party look into the WASD handling of the 2018 WAHS baseball team trip to Myrtle Beach”.

Is all of the legal invoice detail why WASD school board president Lori Baer chooses to approve WASD expense payments with “omnibus motions and votes”?

What if Lori Baer in her official capacity as the WASD school board president, along with fellow board members and the WASD administration used taxpayers dollars and the WASD Solicitor to attempt to silence this author?

What if the legal services invoices shed light on this idea?

“The Beginning of the End” – is forthcoming.

LINKS TO THE SERIES PUBLISHED BY Talk Williamsport

WAHS Principal Pardoe immediately responded to Ricky Stryker threat raised by Coach Ryan Miller

Marc Schefsky, WASD School Board member announces intention to resign

WASD School Board candidate petitions obtained, connections run deep

WASD School Board to discuss vacant board seat tonight

Lycoming County District Attorney office confirms receipt of Marc Schefsky non-WASD residency complaint

WASD school board removes 2023 Disney band trip from agenda

Residents circulate petition for immediate removal of Marc Schefsky from WASD school board

Nancy Somers resigns from WASD school board

BREAKING NEWS: Resignations to be announced at the WASD School Board meeting tonight

WASD solicitor Fred Holland wants $20,000 retainer and a raise for ’21-’22

UPDATE: WASD acknowledges existence of “room assignments” email, contradicts prior Wanda Erb affidavit

UPDATE: WASD has 48-hour deadline to respond to Right to Know Law requests

WASD School Board major changes are forthcoming

OP-ED: Another Embarrassing Display of Willful Ignorance by the WASD school board

OP-ED: Long past time for Dr. Bowers to resign as WASD Superintendent

BREAKING NEWS: Is the WASD finally acknowledging Myrtle Beach victims with new policy?

Marc Schefsky WASD school board resignation could be the least of his issues

BREAKING NEWS: Marc Schefsky resigning from school board after WASD residency questioned

Residency of WASD School Board member in question

BREAKING NEWS: WAHS student criminally charged by South Carolina authorities in 2018 baseball team incident

UPDATE: Major development in the 2018 WAHS baseball team “criminal sexual misconduct” case

WASD lack of response clock posted

WASD fails to acknowledge “victims” in Myrtle Beach incident; uses death of George Floyd as distraction

A Baseball Story In The Birthplace Of Little League Baseball – PART XXV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXI

A Baseball Story In The Birthplace Of Little League Baseball – PART XX

A Baseball Story In The Birthplace Of Little League Baseball – PART XIX

A Baseball Story In The Birthplace Of Little League Baseball – PART XVIII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

UPDATE: Charges filed in Greater Latrobe Junior High hazing case cited in “A Baseball Story”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

BREAKING NEWS: District Attorney Gardner refers Myrtle Beach case to PA Attorney General – PART XV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XII

A Baseball Story In The Birthplace Of Little League Baseball – PART XI

A Baseball Story In The Birthplace Of Little League Baseball – PART X

A Baseball Story In The Birthplace Of Little League Baseball – PART IX

A Baseball Story In The Birthplace Of Little League Baseball – PART VIII

A Baseball Story In The Birthplace Of Little League Baseball – PART VII

A Baseball Story In The Birthplace Of Little League Baseball – PART VI

A Baseball Story In The Birthplace Of Little League Baseball – PART V

A Baseball Story In The Birthplace Of Little League Baseball – PART IV

A Baseball Story In The Birthplace Of Little League Baseball – PART III

A Baseball Story In The Birthplace Of Little League Baseball – PART II

A Baseball Story In The Birthplace Of Little League Baseball – PART I

Fans often ask me, what if?

Millionaire Baseball Mayhem in Myrtle Beach

On August 8, 2019, Counsel for Requester, Terry Mutchler the former Executive Director of the Pennsylvania Office of Open Records a decorated attorney and award winning journalist in her own right; filed an appeal against the Williamsport Area School District for denying records including the recently obtained “room assignments” email.

The appeal in part is provided below and demonstrates the active measures the WASD engaged in to continue the cover-up of the “criminal sexual misconduct” committed by a baseball player on another teammate during the 2018 WAHS baseball team trip to Myrtle Beach, South Carolina.

ALLEGED PERPETRATOR #1 was recently charged by Myrtle Beach authorities. The case file is sealed due to the sensitive nature of the case and the fact that juveniles are involved.

Mr. Charles Rees Brown
Chief Counsel
Office of Open Records
333 Market Street
Harrisburg, PA 17103
Re: Appeal from RTKL Denial of Williamsport Area School District
Dear Chief Counsel Brown:
On behalf of Todd Bartley and Fox Sports Williamsport, I write to appeal to the Office of Open Records
(“OOR”) a denial of public record by the Williamsport Area School District (“District”), pursuant to the Right to
Know Law, 65 P.S. 66.101 et seq. (“RTKL”). Please enter our entry of appearance on behalf of Todd Bartley
and direct all communication on this matter to Mutchler Lyons.

ARGUMENT REFUTING WASD DENIAL REQUIRED BY SECTION 1101
I. RTKL FACTUAL BACKGROUND

On June 17, 2019, the Requester filed a Right-to-Know Law 65 P.S. 67.101 et seq. (“RTKL”) request with the Williamsport Area School District (“District”), seeking information relating to the high school baseball team’s trip to Myrtle Beach and an alleged assault that occurred during that trip.

On June 21, 2019, the District provided an interim response, requesting an additional thirty days in which to provide a response to the request. On July 18, 2019, the District issued a timely partial denial. Requester appeals this partial denial.

II. LEGAL ANALYSIS

As the OOR states in each of its Final Determinations, the Supreme Court defined the RTKL as remedial legislation designed “to empower citizens by affording them access .to information concerning the activities of their  government.” SWB Yankees L.L.C. v. Wintermantel, 45 A.3d 1029, 1041 (Pa. 2012). Further, this records access law is designed to promote access to official government information in order to prohibit secrets, presumed public unless exempt under the RTKL or other law or protected by a privilege, judicial order or decree.” See 6S P.S. §67.305. An agency bears the burden of proving the applicability of any cited exemptions. See 65 P.S. § 67.708 (b).
Section 708 of the RTKL places the burden of proof on the public body to demonstrate that a record is exempt from disclosure. In pertinent part, Section 708(a) states: “(l) The burden of proving that a record of a Commonwealth agency or local agency is exempt from public access shall be on the Commonwealth agency or local agency receiving a request by a preponderance of the evidence.” 65 P.S. § 67.708 (a). Preponderance of the evidence has been defined as “such proof as leads the fact finder … to find that the existence of a contested fact is more probable than its nonexistence.” Pa. State Troopers Au’n v. Scolforo, 18 A.3d 435, 439 (Pa. Commw. Ct. 2011). 

III. DENIALS AND GROUNDS FOR DISCLOSURE

The following are the items of the Request that were denied, and the Requester’s response to each denial:
1. Travel party list – Granted, but redacted because the record identifies children then aged 17 or younger

Requester’s position: The District needs to defend these redactions under the RTKL, offering sworn proof to the fact that the only material redacted was the name, home address, or date of birth of a child that is currently 17 years of age or younger. See 65 P.S. § 67.708(b)(30). The redactions should not be permitted for individuals who are currently of the age of majority.

2. Hotel room assignments – Denied because no record exists.

Requester’s position: The District must provide a statement made under penalty of perjury, detailing its good faith effort to ascertain this record. See 65 P.S. § 67.901 (requiring the AORO to undertake a “good faith effort”); see also Hous. Auth. of the City of Pittsburgh v. Van Osciol, 40 A.3d 209, 216 (Pa. Commw. Ct. 2012) (unsworn statements are not competent evidence).

3. Receipts from accommodations – Here, the District “granted” the Request, providing only records that reflected its receipt for tournament registration.

Requester’s position: The Request did not call for tournament registration receipts, it called for “accommodation” receipts. The District may not reinterpret this request as a request for tournament registration receipts. See Madison v. Pa. Bd. of Prob. & Parole, 2019 Pa. Commw. LEXIS 531, *7, 206 A.3d 683, 2019 WL 2385099 (an agency is not permitted to answer a request according to the agency’s interpretation but must answer the request in response to the Requester’s intent/meaning).

The District argues that hotel rooms and accommodations were not paid from “District accounts.” However, if District employees paid for the accommodations and were reimbursed by the District, the receipts received by the District for that reimbursement would be subject to disclosure. RTKL jurisprudence holds that a record is “of” an agency when it documents the transactions of that agency, not only when it reflects a payment made directly from an agency account.

The entire appeal is available BartleyAppeal_8.8.19.

IV. JURISDICTION

The OOR has jurisdiction over this appeal. This Request did not seek criminal investigation records. The records for which the Section 708(b)(16) exemption is claimed are not records of a  criminal investigation, facially. For example, the Request seeks “Written documentation of first contact from law enforcement received by WASD…,” which could easily be a simple introductory letter retained for WASD’s file. The records sought are not garden-variety criminal investigatory records (e.g., a search warrant), and should not be treated as such.

It is not enough for the agency to simply cite to Section 708(b)(16), to avoid the OOR’s jurisdiction.

Rather, the agency must submit sworn proof, demonstrating exactly how the requested records fall under the criminal investigation exemption. See Bush v. Westtown-East Goshen Police Dep’t, OOR Dkt. AP 2016-1869, 2016 PA O.O.R.D. LEXIS 1708.

V. CONCLUSION

We ask that the OOR hold WASD to its burden of proof required under the RTKL, and order disclosure of these public records.

Respectfully submitted,
Terry Mutchler, Managing Partner
Charlie Lyons, Partner
Mutchler Lyons
219 S. State Street
Harrisburg, PA 17101
Counsel for Requester

In response to the appeal, the WASD filed a myriad of legal extension requests and agreed to a mediation session with Counsel for Requester and the OOR.

From the TalkWilliamsport.com article, Sean McCann missteps; “we dealt with it immediately, when we learned of it”:

When Williamsport Athletic Director Sean McCann told a concerned parent who inquired about the Myrtle Beach case; “we dealt with it immediately, when we learned of it”, did he inadvertently let the closely held secret out of the bag?

The documented record uncovered during the TalkWilliamsport.com investigation seems to support that premise.

The web untangled in a major way on Saturday, May 9, 2020:

According to the RADIO SHOW CALLER CLAIMS in PART XVI:

“I like know specifically what happened there and

the people involved knew instantaneously after it happened.

The parents of everyone involved knew instantaneously after it happened.

There’s was no cover-up.

It’s not, it’s not the general public’s business what happened there.

The parents of everyone involved knew.

I agree that the student involved should have never been allowed back on the high school baseball team, but there was no cover-up.”

The family of JOHN DOE #1 was not in Myrtle Beach, South Carolina since they had not made the trip.

However, the family of ALLEGED PERPETRATOR #1 was in Myrtle Beach, South Carolina and the photos at local bars posted to social media, verify that.

Background for this story, on February 17, 2015, Sean McCann was Named Region II Athletic Director of the Year.

On further background for this story and as referenced in “A Baseball Story In The Birthplace Of Little League Baseball” – PART I

“According to documentation obtained from the Williamsport Area School District through a Right to Know Law Request,

the only adult supervisors that had provided clearances and passed background checks were;

NO ROOM LIST AND NO CHAPERONES

As part of the Appeal from RTKL Denial of Williamsport Area School District undertaken by Talk Williamsport filed with the OOR on August 8, 2019, the WASD under the penalty of perjury offered the following answers from Wanda Erb, in an affidavit on October 8, 2019:

I, Wanda Erb, hereby declare, pursuant to 18 Pa. CS 4904, that the following statements are true and correct based upon my personal knowledge information and belief:

6. Regarding Requestor’s fourth request, all of the chaperones on the trip were district employees, coaches, or volunteer coaches. No other adult chaperones accompanied the baseball team to Myrtle Beach.

From the June 17, 2019 RTKL Request

2). The hotel room assignments as outlined by the WASD Baseball Coaching Staff for the baseball team trip to Myrtle Beach during the 2017-2018 school year.

WASD Responded in the July 18, 2019 RTKL denial

2. Hotel room assignments – Denied because no record exists.

The WASD Baseball team trip to Myrtle Beach, South Carolina did not have a hotel room assignment list at the Atlantica Resort with no adult chaperones and only the district employees, coaches, or volunteer coaches.

Talk Williamsport has independently confirmed

the two administrators did not stay on property at the Atlantica Resort.

Talk Williamsport appealed the WASD July 18, 2019 RTKL denial

As filed by Terry Mutchler on behalf of Talk Williamsport :

Requester’s position: The District must provide a statement made under penalty of perjury, detailing its good faith effort to ascertain this record. See 65 P.S. § 67.901 (requiring the AORO to undertake a “good faith effort”); see also Hous. Auth. of the City of Pittsburgh v. Van Osciol, 40 A.3d 209, 216 (Pa. Commw. Ct. 2012) (unsworn statements are not competent evidence).

Again, Wanda Erb in the October 8, 2019 Affidavit W. Erb RTK Appeal – Oct. 8, 2019 offered the following response:

4. Regarding Requestor’s second request, I conducted a thorough examination of files in the possession, custody and control of the Agency for records responsive to the request.

As these types of records would be in the possession of the athletic director or head coach, I spoke with WASD Athletic Director Sean McCann and former head baseball coach Ryan Miller.

At the time the request was made (6-17-19 original RTK request), neither Mr. McCann nor Mr. Miller had any record identifying which players were assigned to which hotel room.

Accordingly, I have made the determination that the records requested are not within the Agency’s possession, custody or control. 

Since TalkWilliamsport.com exposed the secret and the cover-up the mindset changed to attack the author and marginalize him; just like the FAMILY OF JOHN DOE #1 at the outset of the incident in Myrtle Beach.

From PART XVI

CAMPAIGN TO MARGINALIZE TALK WILLIAMSPORT CONTINUES

Even as PART XIII and PART XIV were published, WASD administrators were still trying to persuade concerned parents that this series is all a myth.

Williamsport Area High School Athletic Director Sean McCann who was in Myrtle Beach as noted in this series; authored a recent e-mail to a WASD parent who voiced concerns after reading Part XIII and Part XIV.

The e-mail to the concerned parent has been provided to Talk Williamsport.

“The author of these articles is way out of line and has severely exaggerated the information.

We dealt with it immediately, when we learned of it,

it was never shared on social media as he believes in his writings.

We met with the mother the day after we learned of things and

worked with the family for over an entire year.

It was dealt with and the unfortunate thing,

this author keeps bringing it up, keeps hurting the kids,

bringing it up all this time afterwards just keeps hurting the kids,

that’s the frustrating thing.”

–Sean

Based on the well documented paper trail of evidence of those involved in their own words; did Wanda Erb in her official capacity as the WASD Right to Know Officer having previously denied the “room assignments” email and now miraculously providing it; just implicate former head baseball coach Ryan Miller, WAHS Athletic Director Sean McCann and WAHS head principal Brandon Pardoe in a conspiracy to withhold public records as well as conspiracy to commit perjury?

The perjury occurred by providing the “room assignments” email having previously made sworn statements under the “penalty of perjury” in a affidavit to the Office of Open Records that “no record exists”, on multiple occasions.

Was the reasoning “this will be no big deal”?

Or was a more sinister plan in play devised by members of the administration in concert with the blessing of the WASD school board and undertaken by WASD Solicitors Fred Holland and Jeff Rowe?

TalkWilliamsport .com has obtained the invoices for legal services performed by the law firm Murphy, Butterfield and Holland relating to the 2018 WAHS baseball team trip to Myrtle Beach as well as the work performed on the RTKL requests filed by this author.

The WASD response to the article “Millionaire Baseball Mayhem in Myrtle Beach” is so preposterous it is something only they would do; and it had nothing to do with providing public records or as former WASD teacher and current Williamsport Mayor Derek Slaughter claims his administration engages in with the public; being transparent.

According to WASD sources Wanda Erb as well as WAHS head principal Brandon Pardoe are currently on vacation coinciding with the Easter Holiday.

Whether those vacations from the WASD remain temporary or permanent is in the hands of Dr. Tim Bowers, WASD Superintendent and members of the WASD school board.

Information related to the separate interviews Dr. Bowers and WAHS head principal Brandon Pardoe had with the Office of Attorney General Josh Shapiro is forthcoming.

“The Beginning of the End” is forthcoming.

LINKS TO THE SERIES PUBLISHED BY Talk Williamsport

How did Wanda Erb miss this email on the WASD.org server? – PART II

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVII

How did Wanda Erb miss this email on the WASD.org server?

– A Baseball Story In The Birthplace Of Little League Baseball – PART XXVI

WAHS Principal Pardoe immediately responded to Ricky Stryker threat raised by Coach Ryan Miller

Marc Schefsky, WASD School Board member announces intention to resign

WASD School Board candidate petitions obtained, connections run deep

WASD School Board to discuss vacant board seat tonight

Lycoming County District Attorney office confirms receipt of Marc Schefsky non-WASD residency complaint

WASD school board removes 2023 Disney band trip from agenda

Residents circulate petition for immediate removal of Marc Schefsky from WASD school board

Nancy Somers resigns from WASD school board

BREAKING NEWS: Resignations to be announced at the WASD School Board meeting tonight

WASD solicitor Fred Holland wants $20,000 retainer and a raise for ’21-’22

UPDATE: WASD acknowledges existence of “room assignments” email, contradicts prior Wanda Erb affidavit

UPDATE: WASD has 48-hour deadline to respond to Right to Know Law requests

WASD School Board major changes are forthcoming

OP-ED: Another Embarrassing Display of Willful Ignorance by the WASD school board

OP-ED: Long past time for Dr. Bowers to resign as WASD Superintendent

BREAKING NEWS: Is the WASD finally acknowledging Myrtle Beach victims with new policy?

Marc Schefsky WASD school board resignation could be the least of his issues

BREAKING NEWS: Marc Schefsky resigning from school board after WASD residency questioned

Residency of WASD School Board member in question

BREAKING NEWS: WAHS student criminally charged by South Carolina authorities in 2018 baseball team incident

UPDATE: Major development in the 2018 WAHS baseball team “criminal sexual misconduct” case

WASD lack of response clock posted

WASD fails to acknowledge “victims” in Myrtle Beach incident; uses death of George Floyd as distraction

A Baseball Story In The Birthplace Of Little League Baseball – PART XXV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XXIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXII

A Baseball Story In The Birthplace Of Little League Baseball – PART XXI

A Baseball Story In The Birthplace Of Little League Baseball – PART XX

A Baseball Story In The Birthplace Of Little League Baseball – PART XIX

A Baseball Story In The Birthplace Of Little League Baseball – PART XVIII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVII

BREAKING NEWS: PA AG Press Office confirms receipt of Criminal Sexual Misconduct referral from DA Gardner

UPDATE: Charges filed in Greater Latrobe Junior High hazing case cited in “A Baseball Story”

A Baseball Story In The Birthplace Of Little League Baseball – PART XVI

EXCLUSIVE: AG Shapiro press office on referral: “If and when we receive it, it will be promptly reviewed”

BREAKING NEWS: District Attorney Gardner refers Myrtle Beach case to PA Attorney General – PART XV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIV

A Baseball Story In The Birthplace Of Little League Baseball – PART XIII

A Baseball Story In The Birthplace Of Little League Baseball – PART XII

A Baseball Story In The Birthplace Of Little League Baseball – PART XI

A Baseball Story In The Birthplace Of Little League Baseball – PART X

A Baseball Story In The Birthplace Of Little League Baseball – PART IX

A Baseball Story In The Birthplace Of Little League Baseball – PART VIII

A Baseball Story In The Birthplace Of Little League Baseball – PART VII

A Baseball Story In The Birthplace Of Little League Baseball – PART VI

A Baseball Story In The Birthplace Of Little League Baseball – PART V

A Baseball Story In The Birthplace Of Little League Baseball – PART IV

A Baseball Story In The Birthplace Of Little League Baseball – PART III

A Baseball Story In The Birthplace Of Little League Baseball – PART II

A Baseball Story In The Birthplace Of Little League Baseball – PART I

Fans often ask me, what if?

Millionaire Baseball Mayhem in Myrtle Beach

The Pennsylvania Office of Open Records along with Pennsylvania Attorney General Josh Shapiro will now have the opportunity to determine if Wanda Erb committed perjury or swore out false statements to a state agency in Right to Know Law responses in her role as the RTKL Officer for the Williamsport Area School District.

For nearly three full years, through a blizzard of very simply worded Right to Know Law requests, TalkWilliamsport.com has sought records relevant to the 2018 WAHS baseball trip in Myrtle Beach, South Carolina where “criminal sexual misconduct” has been proven to have occurred and it was captured on video.

Recently, ALLEGED PERPETRATOR #1  was criminally charged by South Carolina authorities in the 2018 baseball team incident.

The WASD early on developed a strategy to deny access to clearly public records making arguments that have been proven over time to be patently false in order to keep the records secret.

After nearly three full years of continually asking for a “room assignment” list, a multitude of appeals, previous records mediation sessions and attorneys involved on both sides; the dam burst today with a record that was always in the possession of the WASD.

THEY LIED!