SUNBURY - How much a funeral home can charge Northumberland County for burial of a child who was in foster care, and whether that charge would be different if the funeral home in question is owned by the county coroner, became the focus of debate Tuesday in the controversy between commissioner Stephen Bridy and coroner James F. Kelley.
County Children and Youth Services Director Jennifer Willard said her agency only pays for funeral expenses for children in their custody. She said there are no restrictions on what a funeral home can charge.
"It doesn't happen too often and this is the first time it has occurred since I became director in December," she said Tuesday about the case of a 16-year-old boy who died in January. "But I know it's happened in the past. When a child in our custody dies, we leave it up to their family to decide which funeral home they prefer to handle the funeral arrangements."
But Bridy cites a section of the County Code that says a public official cannot enter a contract valued at $500 or more with the governmental body with which he or she is associated.
Kelley billed the county $5,755.50 for the burial of the boy, who was in county foster care when he died, Bridy said, by suicide.
The death occurred at Evangelical Community Hospital in Lewisburg, Union County, so Kelley was not involved in the death investigation. The family requested the services of James Kelley Funeral Home, which the coroner operates in Coal Township, and Kelley conducted funeral services and cremation.
He said he was told by Willard to bill the agency, which he did on Jan. 30. It was paid by the county Feb. 8. Kelley said he had never been involved in a similar situation before.
County Controller Tony Phillips came across the bill last week and, because it was an "unusual expenditure," thought he should bring it to the attention of commissioners.
Bridy called a press conference Monday afternoon and said the county was going to ask the State Ethics Commission to investigate because of a possible conflict of interest in Kelley being the coroner and also billing for the funeral.
Kelley, who took offense that he wasn't asked about the bill by Bridy prior to the press conference, said there is no conflict because he was not involved in the case as coroner. He said Monday that in his 27 years as a funeral director and 22 years associated with the coroner's office, including 10-plus as coroner, no one had ever questioned his morals or ethics.
Kelley was asked Tuesday if, beyond the notion of a conflict of interest, he should only bill $500 for a funeral to satisfy the county code, said he would not comment further at this time at the advice of his solicitor.
DA defers
In a related development Tuesday, county District Attorney Tony Rosini deferred on the commissioners' request to investigate the alleged conflict of interest. He referred it to the state Attorney General's Office, citing a lengthy working relationship and friendship with Kelley, who is in his 11th year as county coroner and 22nd in the coroner's office.
Also, the dispute caused further dissension between Bridy and Commissioner Chairman Richard Shoch.
As for the County Code, Bridy and county Solicitor Frank Garrigan offered their perspective on how much money a funeral home is allowed to charge.
According to Section 2165 of the County Code, the commissioners have power to care for any dependent or other indigent person in the county who is referred to them by the Department of Public Welfare or by a local board under its supervision. Section 2166 of the county code says if a family or organization does not pay for the burial, the county must pay for the burial, but at a cost not to exceed $300.
Garrigan said another statute in the County Code dealing with ethics states that no public official or public employee or his or her spouse or child, or any business in which the person or his or her spouse or child is associated, shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated.
Garrigan said he needs to conduct more research to determine if the county can reimburse a funeral home more than $300 or a public official affiliated with the county more than $500.
Garrigan, who noted the County Code is old, said he realizes any burial today costs more than $300 or $500, but said the statutes still apply.
A copy of the sections provided by the commissioners' office shows that Section 2165 was last amended in 1963 and Section 2166 in 1965.
Kelley on Monday said he did nothing wrong and was instructed by Willard to submit the bill. It includes $2,190 for "professional services," $1,062.50 for a casket, $350 for an urn and $270 for crematory charges, among other charges.
A political ploy?
On Tuesday afternoon, Bridy and Shoch exchanged barbs over the matter.
When Shoch inferred that Bridy's accusations against Kelley were part of a political ploy, Bridy said, "He's out of his mind. It's total fabrication on his part."
Bridy also accused Shoch of failing to be a leader.
"I am just protecting the commissioners' office. I don't want people to think we have an open checkbook," he said. "I don't have an ax to grind with anybody. I just want to do what's right for the taxpayers."
Shoch, who said Bridy told him he had a friend who was considering running against Kelley for county coroner, responded, "Mr. Kelley is on top of his list. He's looking at whatever he can to make Mr. Kelley look bad. Anyone who knows anything about me would not expect that I would be leading this county anywhere that Mr. Bridy wants to go, given his recent antics and inflammatory name-calling at recent meetings and press conferences."
He added, "More than 24 hours (later), we are still searching for firm answers on this issue. You don't drag names through the mud by holding press conferences."
Shoch is a Republican, Bridy is an independent and Kelley, whose current four-year term expires at the end of 2013, is a Democrat.
Commissioner Vinny Clausi, also a Democrat, said the issue over Kelley's bill is worth investigating, but reiterated that he has nothing personal against the coroner.