“The grand jury clearly documents a betrayal of public trust by those who were elected to represent the citizens of Lancaster County,’’ said District Attorney Donald Totaro, who coordinated the grand jury probe.

In a 37-page report, issued shortly before noon, the grand jury focused on two key issues surrounding the sale — the hiring of Gary Heinke, human services administrator, and secret meetings to arrange the sale . It said.

nCommissioner Dick Shellenberger arranged the hiring of Heinke, a longtime friend, who ended up helping to coordinate the sale.

Shellenberger helped Heinke meet department heads and prepared him for interviews with county officials, according to the report.

While Shellenberger denied this, the grand jury found his denials “not truthful.’’

In some instances, the grand jury said Shellenberger’s testimony was “incredible and unworthy of belief.’’

nShellenberger and Commissioner Pete Shaub held numerous secret meetings to sell Conestoga View and took other steps to make sure that nursing home residents and the public would not learn of the sale.

Both were determined to sell the facility, the grand jury concluded.

According to grand jury testimony, Shaub said “Conestoga View is going to be sold, it’s going to be gone. I don’t care how we get there, we’re going to get there.’’

Shellenberger also said at one point, “I want to get rid of this thing (Conestoga View). I’ll sell it for $5 million.’’ The home ultimately sold for $8.5 million.

The grand jury said that Commissioner Molly Henderson also was present for some meetings.

Although she claimed to be unaware of the sale until late in the process, Heinke told the jurors she had admitted knowing of the sale since 2004.

Grand jury testimony also revealed that Shellenberger, soon after taking office, told staff to keep meetings about Conestoga View “off book.”

All in all, the grand jury said it had examined seven possible criminal violations, compiling 3,400 pages of testimony from scores of witnesses.

In all but one case, violation of the open-meetings law or Sunshine Act, the grand jury said it was hampered by a lack of consistent testimony and documentation.

The grand jurors found that many witnesses were “less than forthcoming or actively deceitful.’’

President Judge Louis J. Farina released the grand jury report this morning after sealing it Dec. 19 to give individuals criticized but not indicted by the grand jury an opportunity to respond to criticism.

Only Shellenberger and Shaub responded.

In his response, Shaub denied giving insider information to Heinke and denied “instructing” subordinates to sell the nursing home.

In his response, Shellenberger challenged the report’s finding that he solicited a political contribution in return for a $300,000 payment to the Stevens & Lee law firm for researching the sale.

The grand jury filed its report Dec. 14, immediately after the county’s three commissioners pleaded guilty to violating the state’s Sunshine Act.

The grand jury had given the commissioners a choice: Plead guilty or face a formal presentment recommending that criminal charges be filed against them.

Shellenberger and Shaub, both Republicans, pleaded guilty to two counts each of violating the Sunshine Act. They admitted holding secret meetings March 22, 2004, and April 1, 2005, preparatory to selling Conestoga View.

Commissioner Molly Henderson, a Democrat, pleaded guilty to one violation of attending the April 1 secret meeting.

All paid fines of $100 for each count, plus court costs.

The New Era initially described the March 22 and April 1 meetings in December 2005.

The New Era has documented other secret meetings attended by Shellenberger and Shaub on April 29 and Sept. 2, 2004, and by all three commissioners on June 9, 2005.

The grand jury report discusses all of these meetings, but says it could only prove that the commissioners took formal action at two of them.

The process of selling Conestoga View actually began before the 2003 election, when Shaub, then a first-term commissioner, and Shellenberger, a candidate, decided to investigate the possibility, according to the report.

In early 2004, the two commissioners hired lawyers from Stevens & Lee. They brought Henderson into the process in April 2005.

The commissioners told the public in July 2005 they planned to sell the facility. They finalized the sale nearly three months later.

Complete HealthCare Resources, of Montgomery County, the home’s longtime private operator, purchased the 447-bed nursing home, several outbuildings and nearly 40 acres of land for $8.5 million in cash.

The commissioners’ guilty pleas and the grand jury report resulted from a process that began in November 2005 when Totaro issued subpoenas to the commissioners and scores of other Lancaster countians.

Following a first round of testimony related to Heinke’s hiring, the 23-member grand jury called each of the commissioners a second time to testify about Conestoga View.

Shaub testified again, but Shellenberger and Henderson took legal action to block a second appearance.

The commissioners’ challenge delayed the investigation by several months.

Ultimately, the court compelled the two commissioners to testify again. Shellenberger testified a total of two times and Henderson three times.

KEY RECOMMENDATIONS

County should train commissioners and assistants on Sunshine Act.

County should take minutes of every meeting where at least one commissioner is present.

Sunshine Act violations should be punishable by stiffer fines than current $100.

Law should be amended to close loopholes exploited by county officials.

County hiring should be “unbiased and based on merit.”

County should warn job applicants against padding their resumes.

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

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