Suplizio Criminal Charges Causing Problems for DuBois
Theft charges are still pending against John “Herm” Suplizio, the former DuBois City Manager who is accused of taking over $620,000. He was placed on administrative leave with pay, but his status and the cost of his salary and or a buyout of his contract are a controversial topic with a motion filed to keep the current city council from paying him and costing taxpayers more money. (Photo from DuBois City website)
By Julie Rae Rickard
CLEARFIELD – When former DuBois City Manager John Fred “Herm” Suplizio, was charged in March with various offenses for allegedly stealing up to $620,000, it started a ripple effect that is still impacting the city.
Previous reports say in April of last year, a search warrant was executed on Suplizio’s residence and offices while records of his banking activities were seized.
The charges were filed as a result of an investigation and grand jury proceedings covering Suplizio’s finances starting in 2014.
Suplizio, 63, in addition to being City Manager since 2010, was also the Executive Director of the DuBois Area United Way, was affiliated with the DuBois Volunteer Fire Department and handled funds for DuBois Community Days.
He was charged in March by state police and a special agent with the AG’s office with five felony counts of theft by unlawful taking, felony restricted activities-conflict of interest, eight misdemeanor counts of fraudulent sales tax return and misdemeanor misapply entrusted property.
The city placed him on paid administrative leave pending the outcome of the case. Plans to do a buyout of his employment contract, or simply terminating him have all presented additional problems.
To confuse matters more, the attorney general’s office has said they plan on filing more charges once a new non-local magistrate is assigned to the case.
On Aug. 16, the council discussed possibly paying him the amount due according to the contract which is in effect until March 2025.
This led to a motion filed Aug. 25, by Jennifer Jackson, Elliot Gelfand and Mike Clement for a preliminary injunction to stop the current city council from buying out Suplizio’s contract.
A temporary injunction was approved by President Judge Fredric J. Ammerman that same day.
At the meeting on Aug. 28, a motion was made by Councilwoman Diane Bernardo to terminate Suplizio effective the end of the week, but this was voted down 2-2-1, according to a previous article.
In question at that time was the impact on the employee pension fund from which Suplizio could withdraw his money. It was recommended they seek legal advice on how to proceed on that before taking action.
On Aug. 30, a hearing was held in Clearfield County Court on the injunction to allow Ammerman to decide if the injunction should be permanent, keeping the current “lame duck” council from giving Suplizio money until the new council members take office.
Both Jackson and Gelfand were the winners in the spring primaries due to write in campaigns and are running for council, unopposed in November.
During the hearing, William A. Shaw Jr., attorney for Suplizio argued that although the two candidates are currently unopposed, there is no guarantee that they will win because there is talk of a possible write in campaign in opposition of them.
City Solicitor Toni Cherry presented case law regarding “lame duck” officials. In a Supreme Court case, it was ruled you can’t have an injunction just because the incoming council would act differently, she said.
Ammerman asked why the city didn’t want to wait for the outcome of the criminal case before making these decisions.
Cherry responded that the city has done its own investigation and found nothing.
She argued the motion for an injunction cites “irreparable harm” if Suplizio is paid, but there is nothing to this claim.
Thomas Breth, one of the attorneys who filed the motion, noted that the taxpayers are concerned about the money involved and are questioning the authority of the city to offer a 10-year contract.
He alluded to $270,000 in legal fees already paid by the city.
“They are acting outside their authority” and the injunction is to make sure the council obeys PA law.
Mayor Edward Walsh was called to testify regarding the history of the 10-year contract which was signed by him and other council members in March 2015.
Suplizio was paid $5,000 a month for the city manager position, $24,000/year for his work with the water department and another $24,000/year for the sewage department, he said.
If terminated, the city would owe all of those wages plus money for any unused vacation or sick days.
During their cross-examinations, both Cherry and Shaw focused on the status of the city’s finances and Walsh confirmed the city’s assets at more than $3.5 million.
“This was all done by the stewardship of Herm Suplizio?” he asked and Walsh agreed.
It was also noted that DuBois City has not raised their taxes for 13 years while Suplizio was the manager.
As time ran out for the hearing, Ammerman asked both sides to determine how long they need to complete the testimony and the court administration will schedule it accordingly. For now, the temporary injunction will remain in effect.