ee k KLEINBARD,. March 5, 2019 VIA MAT. Office of the County Commissioners 150.N. Queen St. Joshua G. Parsons, Chairman Seventh Floor, Suite 715 Dennis P. Stuckey, Vice-Chairman Lancaster, PA'17603 Craig E, Lehman RE: NOTICE TO CEASE AND DESIST DEFAMATORY STATEMENTS AND UNLAWFUL OVERSIGHT OF INDEPENDENT CONSTITUTIONAL OFFICER Dear Lancaster County Commissioners: On behalf of Lancaster County Distict Attomey Craig Stedman (“DA Stedman”), I wtite cconceming a series of false and defamatory statements you have made related to DA Stedian’s alleged misuse and misappropriation of drug forfeiture funds to lease and use an official work vehicle. I also write regarding your unauthorized and unlawful attempts to investigate DA Stedman, a constitutional officer independent from the County Commissioners, for how he has chosen to spend civil forfeiture funds, hs use ofan official vehicle, and how he supervises his employees, ‘As you ae certainly aware, DA Stedman, asthe duly lected District Attorney, is an independent constitutional officer. See Pa, Const art. IX, §4. As such, the Laneaster County Commissioners have no oversight authority over the District Attorney, nor do they have the ability to initiate an investigation into matters concerning the District Attorney's performance of his duties or responsibilities. Indeed, as you certainly know, the Distret Attomey, as an independent constitutional officer, has exclusive authority over the hiring, firing and supervision of is office employees. See 16P.S, § 1620 As ecently asta, yon male public statements that you helieve DA Stedman may have ‘been misusing or misappropriating drug forfeiture funds to pay for and use a eased official vehicle, and that he may have circumvented the County's procurement process in doing so. ‘These statements are categorically false and must be immediatly retracted. DA Stedman's use of drug forfeiture funds 1 lease and use an official vehicle was, at all times, an appropriate and. proper use of eivl forfeiture proceeds, as provided for by th evil forfeiture statute, See 42 PaCS, § $803(g). Moreover, as you are aware, the lease and use of the official vehicle with lug forfeiture funds was expressly approved in writing by the County Controller on behalf of the County. IFanything, DA Stedman’s use of drug forfeiture funds to lease and use theofficial ‘Thwe Logan Sune 1717 Ach St, th Foe Phiakiph, PA ISIC T215.H82000 F218 680140 Kleinhask comMarch 5, 2019 Page 2 « ‘vehicle in lew of County taxpayer funds should be viewed as a net savings forthe County and its taxpayers. Ina similar vein, you also made public statements insinuating that DA Stedman may have improperly oF illeglly submitted for mileage reimbursement with regard tothe use of his official vehicle. As you are well aware, however, DA Stedman selfreported months ago tothe ‘County Controller any alleged overpayments for mileage and the matter was resolved. Indeed, any alleged overpayments for mileage were rectified, and the County was made whole. As you know, both the County Solicitor and the County Controller approved of the resolution ofthat mater Furthermore, any attempts by you to unlawfully investigate or audit DA Stedman’s use of «dug forfeiture funds must cease immediately. How the District Attomey spends drug forfeiture funds is exclusively within the oversight authority of the Lancaster County Controller and the Pennsylvania Office of Attorney General, not the Lencaster County Commissioners. See 42 Pa.C.S. §§ 5803(), (K) Indeed, to this end, the forfeiture statute expressly requires: (2) Use of eash or proceeds of property.—Cash or proceeds of property. subject to forfeiture under section $802 and transferred to the custody ofthe district attorney under subsection (f) shall be placed in the operating fund of the eounty in ‘which the district attomey i elected, The appropriate county authority shall immediately release from the operating fund, without restriction, alike amount forthe use of the district attomey forthe enforcement of or prevention of a violation ofthe provisions of The Controlled Substance, Drug, Device and Cosmetic Act. The funds shall be muintained in an account of accounts separate fiom other revenues ofthe office. The entity having budgetary contro shall not anticipate future forfeitures or proceeds from future forfeitures in adoption and approval ofthe budget forthe distrit attorney. 42 PaCS, § $803(g). Thus, your proposed auivinguiry is both an unconstitutional ‘encroachment on the independent authority ofthe Distt Atomey and expressly prossibed by the forfeiture statute itsel Likewise, your attempts to unlawfully investigate DA Stedman’s decision to tke ‘personnel action against an office employee is in direct derogation of 16 PS. § 1620. Again, DA Stedman, as an independent constitutional officer, has exclusive authority over te hing, fring ‘and supervision of his office employees. As such, you lack the authority or power to second- guess, let alone outright investigate, DA Stedman's employment decisions. Please be advised that DA Stedman is seriously considering pursuing formal legal remedies against you in connection with your false and defamatory statements und your attempts to unlavsfully and illegally investigate him, Your statements not only seriously impugn the ‘character and reputation of DA Stedman, but they also improperly impute serious wrongful ‘conduct to him, constituting defamation per se without the need o prove aetual damagesMarch 5, 2019 = Page 3 « Similarly, your unlawful attemps to investigate DA Stedman constitute a serious overreach of constitutional and statutory powers that must be curtailed. ‘Accordingly, thi letter serves asa formal demand that you: (1) immediately cease and desist fom making any statements going, forward that DA Stedman allegedly misused or ‘misappropriated drug forfeiture funds to, among other things, lease an official vehicle, or that DA Stedman improperly or illegally submited for mileage reimbursement with regard to his official vehicle; (2) posta retraction of any such false and defamatory statements previously male; and (3) immediatly cease and desis from seeking to investigate or audit DA Stedman related to his expenditure of drug forfeiture funds his lease and/or use of the official vehicle, his supervisory authority over his employees, or any other matters clearly beyond your purview as ‘County Commissioners. Your failure to comply with these demands will result in one or more civil ations bein filed against you for declaratory and injunctive relief, as well as monetary damages, {look forward to your immediate compliance with this cease and desist demand. Please {do not hesitate to contact me should you wish to discuss this matter further. EDS sworn son Eric J. Schreiner, Esquire Joshua J. Voss, Esquire