County commissioners, controller send letters to DA about fiscal affairs

Letters concerning the handling of fiscal matters by the Lebanon County District Attorney’s office were sent to District Attorney Pier Hess Graf by the Lebanon County Commissioners and county controller earlier this month.

The letters were prompted in part by the mid-April purchase of a used 2025 Chevrolet Tahoe by the DA’s office for nearly $47,000. Commissioners said their letter was sent “in the spirit of cooperation among our departments and to ensure full compliance with the provisions of the Pennsylvania County Code.” 

LebTown obtained the letters – one from county commissioners Mike Kuhn, Bob Phillips, and Jo Ellen Litz, the other from controller Robert Mettley – through Right-to-Know (RTK) Law requests. 

Financial documents, also obtained through RTK, show the DA’s office purchased the vehicle from Frederick Chevrolet in Lebanon on April 10 using federal 287(g) funds received April 3 after signing an agreement with U.S. Immigration and Customs Enforcement (ICE) in early February to assist the federal agency’s immigration enforcement efforts. 

The DA’s office received over $145,000 from the Department of Homeland Security and deposited it with Northwest Bank, records show. 

There was also $36,400 spent for six purchases with Cellebrite, whose website says it is a “company whose mission is to enable its global customers to protect and save lives by enhancing digital investigations and intelligence gathering to accelerate justice in communities around the world.” The line items were redacted on the Cellebrite invoice.

ICE promotional materials indicate that participating agencies may receive federal reimbursements, including $100,000 for vehicles, $7,500 per trained officer for equipment, and partial salary coverage for local law enforcement agencies that cooperate with the federal government. 

In a letter to Graf dated May 8, commissioners said the Pennsylvania County Code “broadly establishes that the county commissioners shall be the responsible managers and administrators of the fiscal affairs of the county.” 

The letter acknowledges that as an elected county officer, Graf is permitted to conduct certain actions at her sole discretion. While the letter doesn’t specifically state specific actions, the signing of a 287(g) agreement and opening a bank account with county-approved Northwest Bank would be two permissible examples. 

That account was opened without prior notice to commissioners after county administration had raised concerns about an earlier plan to hold the funds in an account with a credit union, which county administrator Jamie Wolgemuth flagged due to regulatory differences between banks and credit unions.

Lebanon County Sheriff Jeffrey C. Marley, whose department also signed a 287(g) agreement in early February, asked commissioners to approve the opening of a bank account for his department to receive federal funds, an action that was unanimously approved at the commission’s April 2 meeting and was praised by commissioners for transparency with the public.

The commissioners’ letter then notes the purchase of the Tahoe and quotes from Section 15101 of the county code, with emphasis included in the original letter, that “the county commissioners shall contract for and purchase the services referred to in section 12508 (relating to office supplies) and personal property for county officers and agencies.”

Commissioners said in the letter that the county code delineates a process by which county property is to be acquired, including a requirement for bids on purchases greater than $24,500 – or, as an alternative, any such purchases can be made through the state’s cooperative purchasing program, COSTARS.

“It is vital that all purchases within the District Attorney’s office go through the County’s purchasing agent to ensure compliance with county and state protocol regarding procurement,” commissioners said in the letter. “As the corporate power of the County is vested in the County Commissioners, all vehicles purchased for use by the District Attorney’s Office should be titled to the Lebanon County Commissioners.”

Commissioners requested in the letter that existing vehicles titled to any entity other than the Lebanon County Commissioners be transferred as soon as possible.

Commission chairman Mike Kuhn told LebTown on Friday, May 22, that county commissioners are in the process of working through the process of receiving the titles for the vehicles possessed by that agency.

Wolgemuth told LebTown that the DA’s office has 13 vehicles in its possession, and that the used vehicle purchased is a 2025 model. 

The letter also highlights a trade-in that apparently occurred with purchase of the Tahoe. (The trade-in is not itemized on the financial records obtained by LebTown.)

Commissioners said in the letter that the county code requires sales of county property to be approved by resolution of the commissioners, although it notes that there’s an exception when county property is exchanged for new county property.  

The letter, signed by all three commissioners, closes by stating, “It is our expectation that all the aforementioned sections of the county code are strictly adhered to” and asks the DA to reach out to them with any questions she may have.

In an email statement to LebTown, Graf said it was appropriate for her office to have title to vehicles that were not purchased with county budget funds. 

“As the District Attorney, I am actively working with the County on a variety of issues,” said Graf in the statement. “Those include any ICE accounts and/or funds and vehicles titled to our Office.”

“Any vehicle titled to our Office was not purchased with County budget funds. The ICE bank accounts were opened pursuant to County code and done so properly. The titling of any vehicles in our name is further appropriate; it follows the process of my predecessor and that of nearly every other County surrounding us.”

County controller response

In a separate letter dated May 6, county controller Robert Mettley addressed with Graf requirements of the county code to ensure compliance to avoid an audit being triggered. 

“If there is no general ledger account set up for receipt or expenditure of these federal 287(g) funds, a significant finding would be triggered in the 2026 annual audit. To avoid a finding, and to keep proper accounting for these funds, I’m requesting that a general ledger account be set up for purposes of keeping a proper accounting of funds given to the county,” wrote Mettley.

Mettley cited Section 14902 of the county code, which addresses what powers and duties commissioners have to manage and administer fiscal affairs.

“The controller shall supervise the fiscal affairs of the county, including the related accounts and official acts of all officers or other persons who shall collect, receive, hold or disperse or be charged with the management or custody of the public assets of the county,” he wrote to Graf.

The letter notes that two other sections of the county code require that the “controller’s office have custody of all records relating to the county’s financial affairs, as well as maintaining a full set of financial records, including the general ledger of all the fiscal operations of the county.

“Also, in relation to these funds and any other funds, all purchases shall follow the proper channels as with other departments. Purchases should go through the purchasing agent to ensure the best price is received for purchases and any asset of $5,000 will then be accountable on the books as a county asset for audit purposes. Purchases made with 287(g) funds should be submitted to the controller’s office for payment from the general fund and the 287(g) checking account would reimburse the general fund.”

Graf said in a statement to LebTown that her office has successfully complied with annual audits. “We further comply with all applicable codes and statutes, as confirmed by the County’s Solicitor,” she said.

County solicitor Matt Bugli said his office has had a number of very positive and productive conversations with Graf. 

“She has indicated and demonstrated a complete willingness to work with us on all of these matters,” said Bugli. “We are in the process of crafting memorandums of understanding between the two offices for possible consideration by the Board of Commissioners during the next meeting scheduled for June 4th.”

What’s next

LebTown asked commissioners Kuhn, Phillips, and Litz for comment ahead of the June 4 meeting. Litz said she has called for, and still seeks, more transparency involving the 287(g) agreements and involvement with all county agencies. 

Phillips said there has been cooperation between the DA’s and commissioners’ offices over the past few weeks toward compliance with the handling of county assets and accounting procedures. 

“I’m 100% confident that she will comply,” said Phillips. “The lines of communication have been vastly improved and we have about two memorandums that are being worked on now.”

Phillips said he has spoken with Wolgemuth and that good progress has been made towards resolving outstanding issues. “I’m very confident that we will have 100% compliance, and the cooperation between our office and the DA’s office has been at an extremely high level for the last couple weeks,” he said.

Kuhn said that, while the nature of the district attorney’s job doesn’t mean every single purchase is disclosed publicly due to confidentiality about expenditures for resources, accountability still matters. 

“But that doesn’t mean that there’s no accountability, that just is confidential information between possibly the District Attorney and the Controller’s Office to make sure, again, there’s accountability for every dollar,” Kuhn said. “So we notified the District Attorney that we had some questions and concerns, and that’s what we want to follow. Again, proper accounting procedures, but also county code (compliance) where it applies.”