Representative Schemel has asked Bumbaugh to resign from at least one of his positions in Quincy Township

August 20 – Quincy Township has had a rough year.

One supervisor is under criminal investigation with 17 counts of theft and fraud as related to his tenure in office – that’s Kerry Bumbaugh.

Since the Grand Jury report has been released, the other two Quincy Township supervisors have resigned their positions, leaving just Bumbaugh to head the township.

Bumbaugh also happens to be Road Master for the township, which means he is the top employee there.

Bumbaugh absolutely has a right to due process and is innocent until proven guilty and the law will determine that answer.

State Representative Paul Schemel introduced a resolution that was passed in the House Judiciary Committee to begin impeachment proceedings against Bumbaugh.

Schemel said, “We would expect the criminal case to maybe move quicker. Impeachment by design is a very slow process. Kerry Bumbaugh is not just a supervisor. He also is the road master. So he is the lead employee at the township. As I’ve discussed with him…therein lies the problem. You’ve got significant felony counts against an individual who holds all the keys to power within this municipality. As I told Kerry, I said, look, we’ve started this process. You really need to resign from one or the other. You can’t hold both and have these serious charges against you. That’s a decision that Mr. Bumbaugh needs to make. I’ve known him a long time, just as everyone in the community has.”

The impeachment process is slow and deliberative. It won’t move quickly. The felony charges will likely move a little faster.

Ryan asked, “What was his response when you’re actually asking him not to walk away from the whole thing? One or the other?”

Schemel said, “I believe just to have credibility and to have the confidence of the people that he needs to resign from one. That’s just my personal opinion. I’ll let Kerry answer for himself on that score. Right now, he holds all the keys to power within that township and he’s the one who’s being criminally charged with significant felonies related to his elected position.”

Ryan asked, “What does the solicitor say? That seems like a simple solution here. You’re under a lot of eyes here. Let’s park at least one of them and defuse this whole thing.”

The solicitor is Linus Fenicle. He’s out of Mechanicsburg. He represents the township and the supervisors.

Ryan asked, “Does he have an opinion of the two positions?”

Schemel said, “That I don’t know. I haven’t had any conversation with the solicitor. That wouldn’t really be appropriate.”

Jansen brought up, “As far as the Second Class Township Code, there’s this huge dilemma of there being a little vagueness in the code. Although most legal people we talk to…feel that what they did to go around some of the processes here to have Kerry Bumbaugh, who is part of a three-person supervisor board, when you have one that’s a vacancy, the second that’s a resignation heading for the vacancy, somehow he manages to by himself with the solicitor’s approval call the Vacancy Board, fill one of those seats and then immediately turn around and have the new person and himself fill the third person’s seat with people that seem to be sort of in his camp or at least supporters of his in the past. Everyone’s kind of looking at this askance saying how can he possibly do this?”

Schemel explained, “The Second Class Township Code dictates what happens when there’s a vacancy. It also dictates when supervisors are actually officially meeting, when there’s a quorum. This is something I think the legislature needs to make clear. The vagaries there are can there be a quorum when there’s only one? And in this case I think the solicitor said when there’s one and a member of the Vacancy Board that will represent a quorum. As I read the Second Class Township Code I don’t think they can accept the resignations without a quorum of supervisors, not Vacancy Board members. That’s my own interpretation. I have not looked at any case law that might be behind it. I presume that the solicitor or at least Mr. Bumbaugh has a different interpretation of the code there. Perhaps there is a vagary. It seems to defy logic that the code would allow a supervisor acting on their own to represent a quorum with someone who is not an elected official which would be the member of the Vacancy Board.”