Oops , he did it again. And again. More incidents, more embarrassment. This time he's angered a judge. Won't Z ever learn?
This is almost beyond belief. On June 2, Richland Supervisor Mike Zowniriw secretly sent a personal eight-page letter to Bucks County Judge Mitchell Goldberg, attempting to influence the judge's decision in the YMCA appeal. It began "My name is Michael Zowniriw, newly elected Richland Township Supervisor".
There are a zillion reasons why this was improper, unethical and illegal. The judge fired back a stinging response, warning Z not to send anything to the court, and saying, "As a Supervisor of Richland Township, who has access to the Township Solicitor, I trust you understand that ex parte (secret) communications to a judge are entirely inappropriate".
The problem here is, Z does not understand. He continues to act on his own, without regard to rules or laws. Illegal secret contact with a judge is grounds for an attorney to be disbarred. It could have caused a mistrial here - in a case that has already been won by Richland. The township Z is supposed to be representing.
And the kicker here - Z's argument was in support of the other side! The people suing the township! The people who are members of Z's Richland Citizens Alliance. His letter quotes six of them. Z's stand against his own township is even more inappropriate than sending the letter itself.
Judge Goldberg said that he did not read Z's document, but it is logical to assume that he would believe a supervisor was writing to support the township. Judges are only human (yes, they are), and it is safe to say that Z's actions won't do Richland any good. Of course, isn't that what Z had in mind?
Wait, there's more. If you are among the 116 homeowners in Hunters Crossing, you probably received an official-looking letter in early July. You might think it came from the township. Residents did. One even sent me a copy.
The last house in Hunters Crossing will soon be sold, it said. The developer, Americorp, will now get back the escrow money it posted with Richland Township. If you have a problem with your home, tell us before it's too late. The deadline is July 8 th . Return the enclosed complaint form to Supervisor Mike Zowniriw so the township can act on your behalf.
The letter gave several "suggested items for consideration": Faulty showers. Hot water heaters. Pressure valves.
The truth is, the township can not act on any of those types of issues. Most homeowner complaints are not covered by the developer's escrow accounts, which are intended to assure the completion of such public improvements as roads, sidewalks, and landscape buffers. Individual problems with individual homes are always a matter between the buyer and seller, in Richland and everywhere else.
So why would the township send out such a letter? Why would our local government mislead Hunters Crossing residents? It didn't, and it didn't.
The letter was a private mailing. Z, who approved it, never asked the township staff about the legality - again. Z never consulted with the other supervisors before acting - again. And Z will now have to do another round of apologies - again.
This follows on the heels of such prior Oopses as asking the other supervisors to illegally change the zoning on age-restricted developments after the application process had begun; proposing in great detail a golf course, and then acknowledging two days later that it was unworkable; and quietly backing off his call for the resignation of the chairman of the Preservation Board because that volunteer would not recommend Z's wife for membership.
To rectify this latest fiasco, township manager Steven Sechriest had to send a new mailing to everyone in Hunters Crossing explaining that the first letter was not really from Richland. And that the township can not deal with Americorp over the individual problems. And that the escrow wouldn't be returned for several months anyway. And that there was no deadline of July 8 th . And that township mail should not be sent to the RCA post office box.
In fact, the Z-approved letter had just about everything wrong, except his name.
No municipality ever sends out letters inviting homebuyers to file complaints against a developer. Why would Z approve of this bizarre and legally-questionable action on behalf of Hunters Crossing?
Let's turn back the clock slightly, to December, 2002. Two residents of Hunters Crossing were unhappy with several of the requirements of the homeowners association. Requirements that they agreed to when they bought their houses.
They circulated a petition trying to take over the association, and force the developer out. The petition, and the idea, failed. But those two homeowners continued to fight Americorp. They sent letters to the township asking for help. The answer they received said that disputes between buyer and seller are not the province of local government.
Sound familiar? You betcha. The same issues in 2002 and 2004. The law hadn't changed. So why would a Richland supervisor approve a letter that led residents to believe the township would now act on behalf of those homeowners, when it would not do so before? Let's read the names of the two people who wrote those letters, and circulated those petitions.
Patrick Murphy. Todd Oxenford. Loyal members of the RCA, who have staunchly supported Z and his agenda.
Illegal letters to judges. Deceptive letters to homeowners. Can you say political payback? Thanks for your help, RCA folks. Here's your reward.
I'll try to influence the judge. I'll help arrange for the taxpayers of Richland to pay for your fight with Americorp so you won't have to hire your own attorney like anyone else. I'm Michael Zowniriw, newly elected Richland Township Supervisor .