When an investigating grand jury released its report blasting the Lancaster County Commissioners in January, it appended 11 recommendations for "legislative, executive or administrative action in the public interest."

Six of those recommendations would require action on the state level. They deal with strengthening the state's Sunshine Act and County Code.

The other five recommendations would require action on the county level. They deal with improving procedures for hiring job applicants and enforcing the Sunshine Act.

For more than a year, the 23-member grand jury examined several possible violations of law and concluded that all three commissioners violated the Sunshine Act.

In December, the commissioners pleaded guilty to meeting in secret before selling the county nursing home, Conestoga View. They paid $100 fines for each violation.

The grand jury recommended increasing such fines to $1,000 each.

"It is very clear that extensive loopholes in the County Code and Sunshine Act must be eliminated," District Attorney Donald Totaro said this week.

"Furthermore, the penalties for violating these laws must be increased substantially to have any deterrent effect."

So what happens next?

Totaro has sent copies of the grand jury report to the county's representatives in the state Legislature, asking them to consider legislative remedies based on the report's recommendations.

So far, Totaro has heard from state Sen. Mike Folmer, of Lebanon, who represents part of northwestern Lancaster County; and Rep. Mike Sturla, who represents Lancaster City.

Each is at the beginning of an investigative process of his own — examining the background of both the Sunshine Act and County Code provisions that cover aspects of the nursing home sale.

"If there were any loopholes in the Pennsylvania Sunshine Act, we would like to look into it," said Folmer, a Republican who was elected to his first term in November. "One of my promises was to be more open."

Folmer said he doesn't want to "stick my nose in where it doesn't belong," but Totaro asked him to take a look at possible legislative changes and "we're taking it very seriously."

Sturla also is focusing on the Sunshine Act.

"A $100 fine is kind of meaningless, like a slap on the hand," said the veteran Democratic representative. "But was the Sunshine Act violation done because somebody said, 'Heck, it's only a $100 fine, so let's do it,' or was it because they decided to do it and a $10,000 fine wouldn't have made any difference?"

Sturla said "the reform nature" of incoming representatives may nudge them to reconsider the Sunshine Act.

"Where there's been a plea agreement in particular," he said, "I think it's at least warranted to look at a change in legislation."

The grand jury recommended that the Legislature review the County Code in general.

It also recommended that a county official who neglects to perform any duty required by the County Code be fined a minimum of $5,000. The fine now is $500.

And it recommended that the General Assembly pass legislation requiring that any appointment of a special counsel occur before the counsel's legal work begins.

The commissioners and the court formally appointed the lawyers who laid the groundwork for the nursing home sale after the lawyers had completed most of their work.

The five recommendations for county action include adding safeguards so that all job applicants are evaluated fairly. Also, the grand jury wants applicants who make false statements on their resumes to be open to prosecution.

Totaro initiated the grand jury investigation following allegations that Gary Heinke, the county's former human services director, had fabricated portions of his resume. But only falsifications on applications themselves are covered by current law.

Heinke helped conduct the sale of Conestoga View and, after he resigned under fire, the grand jury examined both his hiring process and the sale.

The grand jury also recommended that the commissioners' office implement stronger guidelines covering the Sunshine Act, provide a mandatory training session on the act and take minutes at all meetings where at least one commissioner is present.

Totaro will not press for those changes until after the November election.

He said the recommendations will be "forwarded to the new board of commissioners with the hope that they will implement the recommended changes."

• CONTACT US: jbrubaker@LNPnews.com or 291-8781

GRAND JURY RECOMMENDATIONS

• State Sunshine Act violators should be fined $1,000, not $100.
• State Legislature should close County Code loopholes exploited by county officials.
• Legislature should require counties to appoint special counsel before work begins.
• County should train commissioners and assistants on Sunshine Act.
• County hiring should be "unbiased and based on merit."
• County should warn applicants not to falsify resumes.