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Conflict with city hall costs Callahan

City Councilman Bryan Callahan is out as city council’s representative to the Bethlehem Parking Authority.

Councilman William Reynolds, after a preamble listing his grievances toward Callahan, made a motion to relieve Callahan of his secondary duty as liaison to the Bethlehem Parking Authority. The motion was quickly seconded by Councilwoman Dr. Paige Van Wirt.

As the motion went into discussion Callahan resigned the liaison post but, regardless, council approved the motion 7–2 with Callahan and Councilman Michael Colon voting against.

The motion to terminate Callahan’s liaison duty with BPA was fallout from an on-going public spat that has pitted Callahan against Mayor Robert Donchez and his Department of Community Development headed by Alicia Miller Karner and his colleagues on council.

As the internecine struggle dragged out and became public, Callahan alienated many of his colleagues.

Just prior to the motion and the vote to strip Callahan of his BPA duties, he had been addressing the council, the Mayor and the general public with a recap of his charges which principally accused Karner of two counts of unethical conduct regarding two separate matters. He detailed the time line from when he had learned of problems to his discussions with the Mayor and with other council persons to when he had held a press conference on Nov. 25 during which he released Mayor Donchez’s responses to him to the Press.

Callahan’s re-telling of the story ended with him quoting Donchez’s letter to him, “Your letter [Callahan’s charges in a letter to the Mayor] does not provide sufficient information to open an investigation.”

Councilman William Reynolds, speaking before the council and to Callahan, asked that Callahan provide more information about his accusations about Karner or apologize to Karner.

Callahan responded by asking Mayor Donchez if he was aware that members of the BPA board had received calls from Karner about the bid. “Are you aware of that?” asked Callahan.

“No,” said Donchez.

“In the aftermath of Allentown and Reading we can all agree that there is a little bit of spotlight on the bid process,” said Callahan.

The “Allentown and Reading” remark was in reference to the Federal conviction of the previous mayors of Allentown and Reading for corruption at city hall, a comment that Callahan had made at a previous meeting when he first alleged that Karner was unethical.

He restated his charge that Karner had asked two members of the BPA board, on the day of their vote, to re-negotiate with Nova, one of the companies who made a bid in connection with the RFP.

“I found that, in my opinion, to be unethical,” said Callahan.

In response, Reynolds read from a letter by Mayor Donchez: “Being that it was an RFP and not a bid, Ms Karner or any other member of the committee would be absolutely within their rights to offer their opinions on the proposal to members of the board. It was not unethical; it was their role.”

“Mr. Donchez, why did you form this ad hoc committee to review the RFPs?” asked Williams.

Donchez said BPA wanted the City involved, but explained that he had removed himself from the committee because he felt he had a potential conflict since his son-in-law worked for the past twelve years for Florio-Perrucci Steinhardt & Cappelli LLC. Michael Perrucci has an interest in both companies.

Peron Development and J.G. Petrucci Co. and Nova Development and Allied Building Corporation had responded to the RFP. Peron eventually won the bid.

Callahan reviewed the series of letters and memorandums exchanged on the subject of alleged missteps by the administration concluding with, “I offered you three different opportunities to look into the seriousness of the issues I made you aware of,” said Callahan. “We would not be in the situation that we are currently in had you simply looked into the allegations months ago when you were first notified.”

“I tried to keep it quiet,” Callahan. “I tried to keep it between us. I think all of us want the truth.”

Callahan said his requests that the Administration look into his allegation had met with denial so he had been left with no choice but to go public.

He said he would be happy to see the Administration investigate the matters or to have it referred to the PA state Ethics Committee (as had been suggested earlier in the meeting by resident Stephan Antalics.) “I don’t care, I just want to get the bottom of this.”

Callahan suggested that the unnamed “whistleblowers” be informed of the provisions of the “Whistleblower Act” and be assured by the Administration that there will be no retribution.

Callahan went on make reference to “the most biased report he’s ever read” [the RFP review committee’s report to the BPA], he made comments to the effect that on one RFP response was $190,000 more than the other, that the RFP review committee’s recommendation was not unanimous,

At the conclusion of Callahan’s comments Councilman Reynolds took the floor and in a long preamble wherein he recounted the history of the charges that Callahan had put forth, centered his concern around the idea that Callahan had in previous meetings called Karner “unethical.”

Reynolds echoed Mayor Donchez’s letter to Callahan wherein the Mayor asked Callahan to produced names and proof of his allegations. “The public has not heard any evidence, said Reynolds, “any explanation of where Mr. Callahan was coming from … in his very strong his accusations leveled at Ms Karner.”

Reynolds said that Callahan should add information, or explain his position, or apologize to Karner for the accusation of being unethical and [insert] for “the Allentown comment.”

Reynolds then listed his complaints about Callahan which, beside the public charges against Karner, referenced Callahan’s comments about the RFP review committee’s report and recommendations on the Polk Street RFPs.

“As the council’s liaison to the Parking Authority,” said Reynolds, “he [Callahan] should not be having conversations with board members about the decision; he should not be publicly advocation for public housing or not; he should not have had conversations with any on that [RFP review] committee on August 13th; he should not be referencing those conversations publicly.

“That behavior is unequivocally inappropriate,” said Reynolds in summation. “I do not have confidence that Mr. Callahan should continue as our liaison to the [Bethlehem] Parking Authority.”

Reynolds also commented that “a member of his family is involved with this RFP. (Former Mayor John Callahan is Bryan Callahan’s brother and works for one of the companies associated with the bidders.)

“I think this project is a great project that currently is in the shadow of [insert r after M to make Mr] Mr. Callahan’s [comments],” said Reynolds.

With that Reynolds made a motion to end Callahan’s duties as the council’s liaison to the Bethlehem Parking Authority which Councilwoman Dr. Van Wirt quickly seconded.

Callahan offered to step down from the liaison post, but said as councilman he will still be involved with the project. He took umbrage at Reynold’s suggestion that his brother, John Callahan, who he said is in the private sector, had influence over his decisions.

He then declared that “the mayor controls the Parking Authority whose director serves at the pleasure of the Mayor.” Mayor Donchez quickly established that he has no control of the BPA.

“The Parking Authority hired Mr. Livingston,” said Donchez.

“I may be letting the cat out of the bag,” said Callahan, “but Mr. Livingston [Kevin Livingston, the Executive Director of the BPA] is leaving. That garage is getting built because the Mayor wants it built.” Callahan went on to claim that the recent fine increase was enacted to build the Polk Street garage.

After he resigned his liaison duties to BPA, but while still in discussion of Reynold’s motion, Callahan tossed out one last ethics charge, this time aimed at Councilwoman Paige Van Wirt. “I would ask from this time forward Dr. Van Wirt not vote or have any discussion on issues dealing with the Parking Authority due to a [sic] easement that you have with the Parking Authority for access to your garage. If we’re going to be fair, let’s be fair.”

Van Wirt had a quick response to Callahan’s innuendo of wrong doing. “I think it is extremely troubling that any of my property is your business,” said Van Wirt. “This is a tawdry, tawdry business and we have better things to do in Bethlehem.”

Turning to Alicia Miller Karner, who was in the audience, Van Wirt offered an apology on behalf of council: “Miss Karner I am deeply sorry for what you have gone through. We have not always seen eye-to-eye on things, but this is not how we treat our employees.”

Van Wirt wrapped her comment with complements to the city employees who decorated the Christmas tree on Payrow Plaza outside City Hall. “That is the most beautiful Christmas tree I’ve ever seen. It’s magical, it’s worthy of our city. That’s what we should be thinking about and focusing on-the joy in our city.”

Callahan returned to the subject of the claimed easement. “That is a direct conflict of interest,” he said directly to Van Wirt. “And how you voted on any thing connected to the Parking Authority is beyond me.”

Council President Adam Waldron tried to explain the administration’s policy on the topic of whistle blower protection. “I discussed this with Mr. Leeson [William Leeson, the City’s attorney] and there is whistle blower protection in place. And we have an HR [Human Resources] Department which investigates those issues. To bring [insert] the State Ethics Board in is not necessary. There is an anonymous tip line for residents, other City employees, contractors-whoever it may be-to talk about waste, inefficiencies or what ever the issue may be, so there’s many different outlets for people whether they want to go directly to HR or want to remain anonymous, there are outlets within the City that do function and serve the purpose of some of the issues that have been brought up tonight.”

Callahan again took the floor and told Karner that if after an investigation, there turns out to be no basis for his charges, that he apologizes. He went on place all responsibility for the publicity of his charges on Donchez.

“The Mayor is responsible for where we are, not me,” said Callahan.

“I tried to handle this three times confidentially. Mayor, had you acted on this when I first brought it up to you no one would have known one way or the other. Had we gone to executive session when I asked, no one would have known one way or the other.”

Donchez pointed out that the Callahan’s earlier request for an executive session was in connection with a former employee who had been fired.

“Yes,” said Callahan, “and I believe they are all interconnected.”

Donchez was referring to former zoning officer Suzanne Borzak who had been fired earlier this year for reasons that were kept from some members of the City Council including Callahan. The council and the mayor at the time of Callahan’s request refused to convene an executive session.

Borzak has since filed a law suit with the Federal court of the Eastern District of Pennsylvania.

Waldron said that Callahan had muddied the water with three different issues and that “. . . it is confusing to try to follow along.”

Callahan reminded the Mayor that he agreed to meet with the Administration if his terms were met. Callahan’s terms, sent to the mayor Nov.7: “I have read your memorandum dated November 26, and would be more than happy to meet with [City Business Manager] Mr. Evans, [City Solicitor] Mr. Leeson and [Human Resources Director] Ms. Cichocki, provided [agreement to] three things: You [Mayor Donchez] are present along with [City Council] President Waldron and Council Solicitor Spirk; that you agree to interview the employees in the Community and Economic Development Department; and that you and Mr. Leeson explain to all of them that they will be protected from an retribution due [afforded by] the Pennsylvania Whistleblowers Act.”

Donchez responded that he was preparing a response.

Councilwoman Grace Crampsie Smith, wrapped up the meeting with the hope that “moving forward we can value our diversity, respect each other [insert] and treat everyone in this room with professionalism and appropriateness.”

press photos by douglas gravesCouncil members Paige Van Wirt and William Reynolds as they made and seconded a motion to terminate Councilman Bryan Callahan from his collateral duty as liaison to the Bethlehem Parking Authority.