Tag Archives: Fayette County Commissioner Dave Lohr

First Amendment under attack – Facebook Fayette Co

I am concerned, and you should be too, about yesterday Fayette County Commissioner “take over” of a Facebook page because they believe the content was “disturbing” and should be “monitored” and “sanctioned”.

This is what occurred. The commissioners were informed by its PR entity (Redstone Foundation/Fayette Chamber of Commerce) that they saw a Facebook page they say had disturbing content. They said an investigation showed that the page was “self generated” by posters signing into a “location” . It was suggested that the commissioners take over the page and that the “commissioners office” approve or disapprove content and posts.

Commissioner Lohr agreed and said to take it over and make it positive. He said he was told about the page by the county’s IT dept (Ford Business Machines). Commissioner Vicites apparently agreed because it takes 2 “votes”

In a 4 hour time frame the page was taken over and will be “sanctioned” and monitored”. In this short period of time I was able to view Facebook. I saw nothing “disturbing”. I saw free speech. What is disturbing is the attack of the First Amendment by 2 Fayette County Commissioners in the name of “positive PR”.

Dereliction of duty ? I think not.

FayetteSearchLight  blogger believes there is a dereliction of duty on the part of the Fayette County Election Board/Voter Commission because of its failure to investigate allegations of election fraud & violations of the PA Election Code as set forth in his Complaint.

As readers know, Fayette County PA is a 4th class county with elected county governance being 3 county commissioners. Said 3 commissioners also serve as the 3 members on the Election Board/Voter Registration Commission. All official actions must be voted on at a public meeting and must be by majority vote.

I urge you to read the FayetteSearchlight Blog post.

The frustration of blog writer Rob Frasconi is understandable but to write that the “election board remains in dereliction of its duty under law” while accurate is misleading because I, as a single member of the Election Board/Voter Registration Commission, cannot hold a meeting or begin an investigation. Neither Commissioner Vince Vicites nor Commissioner Dave Lohr will provide a 2nd to my calling for a hearing.

I am not in dereliction of my duties. I have done everything I can do as a single elected official.

……………………  Decide for yourself :

Oct 4 2012 – Zimmerlink letter to fellow Election Board members providing dates to hear the Complaint of August 24, 2012 (note several verbal conversations took place between August 24 and October 4th)

June 4 2013– Frasconi letter withdrawing Complaint

Sept 10 2018– Frasconi Complaint filed with Election Bureau

Sept 18 2018– Heid letter to Zimmerlink (Heid and everyone knows I, as chair, have no more authority than the other 2 members and could not unilaterally decide whether or not to hear the matter) (the letter should have never been sent)

Sept 24 2018– Zimmerlink letter to District Attorney & Attorney General

Oct 1 2018 – Frasconi email to Election Board

Oct 3 2018– Zimmerlink email to Frasconi

Oct 10 2018 Zimmerlink email to Frasconi

Oct 11 2018– Zimmerlink email to Election Board

Oct 31 2018   Zimmerlink letter to PA Attorney General

Nov 8 2018     PA Attorney General letter to Zimmerlink

I have no power to open a sealed presentment. I have no power to unilaterally hold a public hearing or unilaterally investigate allegations. I am not in dereliction of my duties and responsibilities.

The blogger could file court papers requesting to unseal presentments.  The blogger could file actions against any elected official for failing to perform his/her duties. The blogger could file a criminal complaint as stated in the Nov 8th letter.  Commissioner Lohr or Commissioner Vicites could agree with me and hold a hearing but that won’t happen obviously.