Jeff Habay
Encyclopedia
Jeffrey Earl Habay is a former Republican
member of the Pennsylvania House of Representatives
, who was elected to represent the 30th legislative district
in the Pennsylvania House of Representatives
in 1994 at the age of 28. A native of Shaler Township, Pennsylvania
, he was considered a rising star in the Republican party, eventually being named by his caucus to the position of deputy Deputy Whip
. As an anti-tax legislator, he clashed with his party's leadership on spending issues and felt that he was unfairly passed over for a seat in the Pennsylvania Senate. In 2002, a former employee initiated ethics proceedings questioning his campaign finances, which eventually led to his resignation from the house and felony convictions.
. His father, Harry Habay, owned and operated Habay Heating Co., an O'Hara Township, Allegheny County, Pennsylvania-based heating and air conditioning
business for over 60 years. Three of his brothers worked in the family business, which is currently operated by Jim Habay, who has also served as Township Supervisor in O'Hara Township, Allegheny County, Pennsylvania.
Habay attended Fox Chapel Area High School
, located in the northern suburbs of Pittsburgh, where he played saxophone
in the school band and developed an early interest in politics. After graduating from high school in 1984, he attended The American University in Washington, DC. He was active in the campus student government organization
, where he served as vice president and Interim President. He was one of founders of American University's Delta Tau Delta
chapter. He studied criminal justice
and political science
and graduated with a degree from the College of Public and International Affairs
in 1988.
Following graduation, he worked as a staff assistant for Congressman Ken Kramer
, a Colorado Republican, and as a legislative aide for Congressman William F. Clinger, a Pennsylvania
Republican. He then returned to western Pennsylvania to help his father manage the family business. He also worked as a work as a career and admissions counselor for the Pittsburgh Technical Institute
, where he counseled students and presented financial-aid seminars for parents and prospective students. He also served as Membership chairman of the Allegheny County Young Republicans.
Habay and his wife Nubia, a native of Brazil
, have a son with autism
.
. He was unopposed for the Republican nomination for both offices, and won the Treasurer race without opposition. In the Sheriff race, his opponent, 24 year incumbent Democrat Eugene Coon
, was generally seen as being "unbeatable" in the Democratic-leaning county. During the campaign, Habay called the Sheriff's office "the most inefficient and bloated old-boy governmental body in Western Pennsylvania" and promised to "bring new and proven management techniques from my extensive experience in the public and private sector to make this office a shining example of what our middle-class taxpayers deserve." The Pittsburgh Post Gazette noted that Habay had never worked in law enforcement and questioned what kind of "new and proven management techniques" he could bring to the sheriff's office, noting that "The contest isn't even close." On November 3, 1993, Coon won an "overwhelming" victory over Habay.
in the Pennsylvania House of Representatives
, a seat in Pittsburgh's northern suburbs that had been held by Republican Rick Cessar
for 24 years. His opponent in the Republican primary was Daniel L. Anderson
, who had had represented the neighboring 31st legislative district
from 1990 until it was moved to Bucks County during the 1992 legislative redistricting. Observers noted strong similarities between the candidates, as both were under 30 years old and ran on platforms of reducing taxes, privatizing the Pennsylvania liquor store system
, and legislative term limits
. In the end, Habay, who was endorsed by the Fox Chapel and O'Hara Republican committees, defeated Anderson by a margin of
3980 to 2825.
In the general election Habay faced Democrat Mark F. Hannan, a union carpenter and Shaler Township, Pennsylvania
commissioner. The candidates clashed on issues of the recent 1% sales tax increase in Allegheny County and on the expansion of riverboat gambling. Hannan declined campaign assistance from the Harrisburg-based House Democratic Campaign Committee because "[t]hey want you to jump through their hoops, and then when you get to Harrisburg, you owe them." Habay's candidacy was assisted by Pennsylvania Governor Tom Ridge
and the campaign spent $900 a week to show a 30-second advertisement on major cable networks, a large expenditure for a State House election at that time. Habay won the endorsement of the Pittsburgh Post Gazette. In spite of a Democratic registration edge, Habay won by a margin of 13,146 to 11,079, thereby helping his party secure a 1 seat majority in House for the first time in 12 years.
in a "bitter battle" for the Republican nomination in the 30th legislative district. Anderson campaigned on Habay's handling of a legislative pay raise, which expanded a legislator's car lease and mileage, added full medical coverage, and included an immediate pay raise of $109 a day in the form of an "unvouchered expense," designed to circumvent a constitutional
prohibition on legislative pay raises until the next election. According to Habay, shortly after the pay raise was passed, he sent a letter to the House comptroller declining the unvouchered expenses, but Anderson questioned the propriety of that letter, which was undated and uncorroborated by the Comptroller's office. Habay won the nomination and faced Democrat Tom Sunday, a former Shaler Township Commissioner and sporting goods store owner, in the general election. During the campaign, Sunday said that Habay's opposition to a proposed gasoline tax had resulted in delays in a construction project in straighten the Mae West Bend on Pennsylvania Route 8
. During the campaign, United States Postal Inspection Service
investigated an anonymous mailing that misconstrued Sunday's positions on abortion
and the distribution of free condoms to students. Habay won the general election, defeating Sunday by a margin of 19,658 to 9,009.
in the Republican caucus, a largely ceremonial position, with the expectation that he would continue to rise through the leadership ranks. However, he frequently clashed with his party leaders over spending issues, eventually becoming known as a "one-issue candidate." Specifically, he made some political enemies by fighting a plan for taxpayer-funded professional sports stadiums in Pittsburgh. In 2001, Habay was passed over by the Republican committee to be the party's nominee for a special election
for the 40th senatorial district
, which was vacated after Melissa Hart was elected to Congress
. Habay placed third in the committee vote, with five votes to 14 for Mike Turzai
and 46 for Jane Orie
. Habay believed the process to be "Stacked against him" and publicly called for the resignation of the Allegheny County Republican Chairman, Richard Stampahar, whom Habay accused of improperly influencing the vote.
that Habay had improperly recorded campaign expenses and failed to account for funds that were spent by his staff in 1998. The initial complaint was referred to the Pennsylvania Attorney General's Office
and the House Ethics Committee
. In 2004, the Pennsylvania State Ethics Commission
launched its own investigation, finding that Habay directed his employees to perform campaign-related activity while on state time and lied about it. The commission found that staffers had including organized political fund-raisers
, processed political mailings, telephoned
supporters to seek donations, built election signs
, collected signatures on nominating petitions
, and assembled lists of constituents they had helped for invitations to campaign events. On the day before elections, he had his employees stand by the road to greet motorists with signs in a ritual dubbed "the Habay wave." The commission found that "Habay certainly has discretion as to management of staff. However, Habay may not use his position to direct district office employees to perform campaign or political activity during Commonwealth working hours, which is precisely what he did." Habay claimed that the Radiches were retaliating for Rebecca's dismissal and accused the Ethics Commission of bias because he co-sponsored legislation to reform the state's open records laws
.
In a related audit hearing before the Commonwealth Court of Pennsylvania
, George Radich argued that Habay had violated campaign finance laws by failing have a campaign chairman and failing to report that the House Republican Campaign Committee settled a $6,000 legal bill for him in 2003. According to a staff attorney for the court, it was only the second such audit hearing to be held in the Commonwealth Court in recent memory. The hearings were both "exasperating and entertaining" as Radich, acting as his own attorney
, accused Habay of putting a dead snake in his driveway and poisoning his private pond
. Judge Robert Simpson determined that Habay had committed substantial violations of the state Elections Code and ordered him to pay Radich's legal bills
of $62. The judge also found "substantial negligence" by Habay's campaign treasurer. Despite the ruling that Habay had not committed the violations with "criminal negligence" or "willful criminal intent," he forwarded the report to the Allegheny County District Attorney
for "further action, if any, as he shall deem necessary."
The trial began 10 months later on October 7, 2005, with the testimony from several of Habay's former staffers describing their political work done during state time. According to Tony Krastek, the prosecutor from the Attorney General's office, the volume of such work and the fact that Habay took steps to keep it secret turned what would have been an administrative issue into a crime. Rebecca Radich, the former staffer who filed the original ethics complaint, discussed the staff organizing political mailings and skipping work hours during elections to hold campaign signs and wave at motorists along Routes 28 and 8. Under cross examination Radich said that she had done so under direction from Habay, an statement that Habay attorney John Elash likened to the Nuremberg Defense, made famous by "soldiers under the Third Reich." Another former staffer testified that Habay threatened to withdraw his medical coverage failing to participate in a political parade, that he was directed to find negative information about Alan Jennings, a reporter for WPXI
, after Jennings aired a negative report on Habay, and that he was directed to develop a legal challenge to the nominating petitions of Habay's 2002 Democratic challenger—all while on state time. All told, a half-dozen current and former Habay staffers testified that Habay seemed to draw no distinction between public and private work. Habay's attorneys argued that the entire matter was a political prosecution pushed by vindictive former employees and political opponents. They argued that even if his employees had performed such political work during daylight hours, they nonetheless completed the required 37.5 hours of work per week. The judge did not permit the defense team to call Attorney General Jerry Pappert
and former Attorney General D. Michael Fisher
to testify, ruling that their testimony would be irrelevant
. Habay testified in his own defense
.
On December 12, 2005, Habay was found guilty of the conflict of interest charge, but did not convict him of the theft of services charge. Following the verdict, Habay said, "There are two people I hold responsible today. One of them is Rick Santorum
. Rick Santorum and Keith Schmidt have been on a witch hunt, over and over again, against me and other representatives in the Republican Party. We're sick and tired of that." Habay noted that he has had to sell his personal belongings to pay his attorneys, but vowed to continue to fight the conviction.
Habay officially resigned his legislative seat at midnight on February 7, 2006, the day before he was due to be sentenced. As a retired legislator, his convictions would not cause him to lose his legislative pension. On February 8, 2006, Habay was sentenced to 6 to 12 months of prison followed by four years of probation. The Judge allowed to seek alternative housing such as a halfway house or a work-release program, in lieu of prison. Habay had asked the judge for probation, but the Judge that Habay displayed an "egregious lack of remorse," nothing Habay's "public diatribe" to the media following his conviction. On August 2, 2006, Judge Manning revoked Habay's bond and ordered him taken to the Allegheny County prison, saying that Habay not staying in an approved halfway house and was using delays in his second criminal trial to postpone his sentence. After a week in jail, Habay was released to an approved halfway house, Goodwill Industries of Pittsburgh's
Community Corrections Center.
that the envelope contained a white powder, allegedly anthrax. The power was later determined to be harmless. Radich admitted to mailing the envelope from the local post office, paying the postage with a credit card, but denied sending any white powder.
On March 25, 2005 the Allegheny County
District Attorney
charged Habay with 21 crimes, including retaliation against witnesses, intimidation of witnesses, and solicitation to commit perjury. He also was held on lesser charges of filing false police reports, retaliation, and harassment. According the District Attorney, Habay engaged in a campaign of harassment against several individuals involved in litigation against him. On February 17, 2006, he rejected a plea deal that would have caused him to lose his pension and lifetime medical benefits, but would have allowed him to avoid jail time. By November 2006, both of Habay's attorneys ceased to represent him because of non-payment of the legal fees from his first trial. Habay claimed that he was unable to afford attorneys, but did not meet the income requirement to be given a public defender. Judge Nauhaus chastised Habay, saying that his failure to secure representation was an effort to stall the proceedings to keep his pension for longer. On April 30, 2007, with new representation, Habay pleaded no contest to all 21 charges. Judge Nauhaus sentenced Habay to four to eight months in jail, 14 months house arrest, followed by two years probation; as a result, Habay lost his benefits and pension. Habay was charged $8,650.84 in restitution for the United States Postal investigators and $2,050 restitution to the state.
Habay's appeals of both sets of convictions was denied by the Pennsylvania Superior Court. Judge Manning agreed to allow Habay to serve the remainder of his conflict of interest conviction in a halfway house, noting that the lawmaker had already lost "his office, his pension and his reputation." However, Judge Nauhaus did not agree and ordered Habay to jail.
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
member of the Pennsylvania House of Representatives
Pennsylvania House of Representatives
The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two year terms from single member districts....
, who was elected to represent the 30th legislative district
Pennsylvania House of Representatives, District 30
The 30th Pennsylvania House of Representatives District is located in Allegheny County and includes the following areas:* Fox Chapel* Hampton Township* O'Hara Township * Ross Township ** Ward 02 [PART, Division 01]...
in the Pennsylvania House of Representatives
Pennsylvania House of Representatives
The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two year terms from single member districts....
in 1994 at the age of 28. A native of Shaler Township, Pennsylvania
Shaler Township, Pennsylvania
Shaler Township is a township in Allegheny County, Pennsylvania, USA. It primarily consists of the community of Glenshaw. The population was 28,757 at the 2010 census.-History:...
, he was considered a rising star in the Republican party, eventually being named by his caucus to the position of deputy Deputy Whip
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
. As an anti-tax legislator, he clashed with his party's leadership on spending issues and felt that he was unfairly passed over for a seat in the Pennsylvania Senate. In 2002, a former employee initiated ethics proceedings questioning his campaign finances, which eventually led to his resignation from the house and felony convictions.
Early life and education
Jeff Habay was born in Pittsburgh, PennsylvaniaPittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
. His father, Harry Habay, owned and operated Habay Heating Co., an O'Hara Township, Allegheny County, Pennsylvania-based heating and air conditioning
HVAC
HVAC refers to technology of indoor or automotive environmental comfort. HVAC system design is a major subdiscipline of mechanical engineering, based on the principles of thermodynamics, fluid mechanics, and heat transfer...
business for over 60 years. Three of his brothers worked in the family business, which is currently operated by Jim Habay, who has also served as Township Supervisor in O'Hara Township, Allegheny County, Pennsylvania.
Habay attended Fox Chapel Area High School
Fox Chapel Area High School
Fox Chapel Area High School is a public school located in O'Hara Township, Allegheny County, Pennsylvania, USA. It was recognized and honored with the title of "New American High School showcase site" in 1999 under the New American High Schools initiative.-Mission statement:-Accolades:In 2006...
, located in the northern suburbs of Pittsburgh, where he played saxophone
Saxophone
The saxophone is a conical-bore transposing musical instrument that is a member of the woodwind family. Saxophones are usually made of brass and played with a single-reed mouthpiece similar to that of the clarinet. The saxophone was invented by the Belgian instrument maker Adolphe Sax in 1846...
in the school band and developed an early interest in politics. After graduating from high school in 1984, he attended The American University in Washington, DC. He was active in the campus student government organization
Student governments in the United States
In the United States, these groups are often known as student government, associated students, student senate, or less commonly a student's union...
, where he served as vice president and Interim President. He was one of founders of American University's Delta Tau Delta
Delta Tau Delta
Delta Tau Delta is a U.S.-based international secret letter college fraternity. Delta Tau Delta was founded in 1858 at Bethany College, Bethany, Virginia, . It currently has around 125 student chapters nationwide, as well as more than 25 regional alumni groups. Its national community service...
chapter. He studied criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
and political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
and graduated with a degree from the College of Public and International Affairs
American University School of Public Affairs
The American University School of Public Affairs houses three academic departments - Public Administration & Policy, Government, Justice, Law, & Society - as well as the , a research unit jointly sponsored with the School of International Service....
in 1988.
Following graduation, he worked as a staff assistant for Congressman Ken Kramer
Ken Kramer
For the stand-up comedian and Seinfeld character inspiration, see Kenny Kramer.Kenneth Bentley "Ken" Kramer is a former Republican member of the United States House of Representatives from Colorado....
, a Colorado Republican, and as a legislative aide for Congressman William F. Clinger, a Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
Republican. He then returned to western Pennsylvania to help his father manage the family business. He also worked as a work as a career and admissions counselor for the Pittsburgh Technical Institute
Pittsburgh Technical Institute
Pittsburgh Technical Institute is a private two-year post-secondary school in Pittsburgh, Pennsylvania, USA offering associate degrees and short-term certificate programs....
, where he counseled students and presented financial-aid seminars for parents and prospective students. He also served as Membership chairman of the Allegheny County Young Republicans.
Habay and his wife Nubia, a native of Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, have a son with autism
Autism
Autism is a disorder of neural development characterized by impaired social interaction and communication, and by restricted and repetitive behavior. These signs all begin before a child is three years old. Autism affects information processing in the brain by altering how nerve cells and their...
.
Political career
In 1992, Habay was appointed treasurer of O'Hara, Pennsylvania, a part-time position placing him in charge of an annual budget of $7.1 million. During his tenure, the township cut its taxes by 13%, a move for which Habay took partial credit, citing his "careful audit" of the budget.Simultaneous elections in 1993
In 1993, Habay was a candidate for two offices, running both for a full term as Treasurer of O'Hara Township and for Allegheny County SheriffAllegheny County, Pennsylvania
Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh...
. He was unopposed for the Republican nomination for both offices, and won the Treasurer race without opposition. In the Sheriff race, his opponent, 24 year incumbent Democrat Eugene Coon
Eugene Coon
Eugene L. "Gene" Coon was a long-time Sheriff of Allegheny County, Pennsylvania and an influential figure in the local Democratic party.-Early Life:...
, was generally seen as being "unbeatable" in the Democratic-leaning county. During the campaign, Habay called the Sheriff's office "the most inefficient and bloated old-boy governmental body in Western Pennsylvania" and promised to "bring new and proven management techniques from my extensive experience in the public and private sector to make this office a shining example of what our middle-class taxpayers deserve." The Pittsburgh Post Gazette noted that Habay had never worked in law enforcement and questioned what kind of "new and proven management techniques" he could bring to the sheriff's office, noting that "The contest isn't even close." On November 3, 1993, Coon won an "overwhelming" victory over Habay.
1994 election
In 1994, Habay ran for the 30th legislative districtPennsylvania House of Representatives, District 30
The 30th Pennsylvania House of Representatives District is located in Allegheny County and includes the following areas:* Fox Chapel* Hampton Township* O'Hara Township * Ross Township ** Ward 02 [PART, Division 01]...
in the Pennsylvania House of Representatives
Pennsylvania House of Representatives
The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two year terms from single member districts....
, a seat in Pittsburgh's northern suburbs that had been held by Republican Rick Cessar
Rick Cessar
Richard J. Cessar is a former Republican member of the Pennsylvania House of Representatives.-References:...
for 24 years. His opponent in the Republican primary was Daniel L. Anderson
Daniel L. Anderson
Daniel L. Anderson is a former Republican member of the Pennsylvania House of Representatives.Anderson graduated from Hampton High School and attended Penn State University for two years and Robert Morris College for one...
, who had had represented the neighboring 31st legislative district
Pennsylvania House of Representatives, District 31
The 31st Pennsylvania House of Representatives District is located in Bucks County and includes the following areas:* Lower Makefield Township* Newtown* Newtown Township* Upper Makefield Township * Yardley-Representatives:...
from 1990 until it was moved to Bucks County during the 1992 legislative redistricting. Observers noted strong similarities between the candidates, as both were under 30 years old and ran on platforms of reducing taxes, privatizing the Pennsylvania liquor store system
Pennsylvania Liquor Control Board
The Pennsylvania Liquor Control Board is an independent government agency that manages the beverage alcohol industry in Pennsylvania. It is responsible for licensing the possession, sale, storage, transportation, importation, and manufacture of wine, spirits, and malt or brewed beverages in the...
, and legislative term limits
Term limits in the United States
Term limits in the United States apply to many offices at both the federal and state level, and date back to the American Revolution.-Pre-constitution:...
. In the end, Habay, who was endorsed by the Fox Chapel and O'Hara Republican committees, defeated Anderson by a margin of
3980 to 2825.
In the general election Habay faced Democrat Mark F. Hannan, a union carpenter and Shaler Township, Pennsylvania
Shaler Township, Pennsylvania
Shaler Township is a township in Allegheny County, Pennsylvania, USA. It primarily consists of the community of Glenshaw. The population was 28,757 at the 2010 census.-History:...
commissioner. The candidates clashed on issues of the recent 1% sales tax increase in Allegheny County and on the expansion of riverboat gambling. Hannan declined campaign assistance from the Harrisburg-based House Democratic Campaign Committee because "[t]hey want you to jump through their hoops, and then when you get to Harrisburg, you owe them." Habay's candidacy was assisted by Pennsylvania Governor Tom Ridge
Tom Ridge
Thomas Joseph "Tom" Ridge is an American politician who served as a member of the United States House of Representatives , the 43rd Governor of Pennsylvania , Assistant to the President for Homeland Security , and the first United States Secretary of Homeland Security...
and the campaign spent $900 a week to show a 30-second advertisement on major cable networks, a large expenditure for a State House election at that time. Habay won the endorsement of the Pittsburgh Post Gazette. In spite of a Democratic registration edge, Habay won by a margin of 13,146 to 11,079, thereby helping his party secure a 1 seat majority in House for the first time in 12 years.
1996 election
In 1996, Habay again faced Daniel L. AndersonDaniel L. Anderson
Daniel L. Anderson is a former Republican member of the Pennsylvania House of Representatives.Anderson graduated from Hampton High School and attended Penn State University for two years and Robert Morris College for one...
in a "bitter battle" for the Republican nomination in the 30th legislative district. Anderson campaigned on Habay's handling of a legislative pay raise, which expanded a legislator's car lease and mileage, added full medical coverage, and included an immediate pay raise of $109 a day in the form of an "unvouchered expense," designed to circumvent a constitutional
Pennsylvania Constitution
The current Constitution of the Commonwealth of Pennsylvania, most recently revised in 1968, forms the law for the United States Commonwealth of Pennsylvania...
prohibition on legislative pay raises until the next election. According to Habay, shortly after the pay raise was passed, he sent a letter to the House comptroller declining the unvouchered expenses, but Anderson questioned the propriety of that letter, which was undated and uncorroborated by the Comptroller's office. Habay won the nomination and faced Democrat Tom Sunday, a former Shaler Township Commissioner and sporting goods store owner, in the general election. During the campaign, Sunday said that Habay's opposition to a proposed gasoline tax had resulted in delays in a construction project in straighten the Mae West Bend on Pennsylvania Route 8
Pennsylvania Route 8
Pennsylvania Route 8 is a major long route in western Pennsylvania. Officially, PA 8 is named the William Flinn Highway. Its southern terminus is at Interstate 376, U.S. Route 22, and U.S. Route 30 in Pittsburgh...
. During the campaign, United States Postal Inspection Service
United States Postal Inspection Service
The United States Postal Inspection Service is the law enforcement arm of the United States Postal Service. Its jurisdiction is defined as "crimes that may adversely affect or fraudulently use the U.S...
investigated an anonymous mailing that misconstrued Sunday's positions on abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
and the distribution of free condoms to students. Habay won the general election, defeating Sunday by a margin of 19,658 to 9,009.
1998 election
In 1998, Anderson again challenged Habay for the Republican nomination for the 30th legislative district in a race that was "marred by dirty tricks." The mailer was an unsigned photocopy of Anderson's expense reports from a governmental convention he attended as vice president of Hampton Township Council with a typewritten message, saying "Dan Anderson used your hard-earned tax dollars once again to fund his golf outing to Hershey Country Club! Send Councilman Anderson a message on May 19. And make he and his family pay for their own spring getaway vacations!" Habay, in turn, denied having anything to do with the mailers and suggested that it was Anderson himself who distributed the mailers. However, the Anderson campaign pointed out that a Habay campaign worker, Nubia Hanger, had acquired the material by request from Hampton Township, a claim that Township officials confirmed to the Pittsburgh Post Gazette. Habay again won the primary and had token opposition from Tom Sunday in the general election.Legislative activity
During his tenure, Habay became known for his "exuberance and willingness to work with both parties" as well as "natural skill" as a campaigner. He was named Deputy WhipWhip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
in the Republican caucus, a largely ceremonial position, with the expectation that he would continue to rise through the leadership ranks. However, he frequently clashed with his party leaders over spending issues, eventually becoming known as a "one-issue candidate." Specifically, he made some political enemies by fighting a plan for taxpayer-funded professional sports stadiums in Pittsburgh. In 2001, Habay was passed over by the Republican committee to be the party's nominee for a special election
Pennsylvania Senate elections, 2002
Elections for the Pennsylvania State Senate were held on November 5, 2002, with even-numbered districts being contested. State Senators are elected for four-year terms, with half of the Senate seats up for a vote every two years. The term of office for those elected in 2002 ran from January 3, 2003...
for the 40th senatorial district
Pennsylvania Senate, District 40
Pennsylvania's 40th Senatorial district includes parts of Allegheny County and Butler CountyAllegheny County*Hampton Township, Pennsylvania*Marshall Township, Pennsylvania*McCandless Township, Pennsylvania*Pine Township, Pennsylvania...
, which was vacated after Melissa Hart was elected to Congress
Pennsylvania's 4th congressional district
Pennsylvania's fourth district is located in western Pennsylvania and includes suburbs of Pittsburgh as well as Beaver County, Lawrence County, and Mercer County....
. Habay placed third in the committee vote, with five votes to 14 for Mike Turzai
Mike Turzai
Mike Turzai is an American politician currently serving as a member of the Pennsylvania House of Representatives. Turzai has represented the 28th legislative district since 2001 and is a member of the Republican Party...
and 46 for Jane Orie
Jane Orie
Jane Clare Orie is an American politician who currently serves in the Pennsylvania State Senate. She represents the 40th senate district, including portions of Allegheny County and Butler County. She is a Republican...
. Habay believed the process to be "Stacked against him" and publicly called for the resignation of the Allegheny County Republican Chairman, Richard Stampahar, whom Habay accused of improperly influencing the vote.
Ethics Commission and Audit Hearings
In 2002, one of Habay's former staffers husband George Radich, notified the Pennsylvania Bureau of Commissions, Elections and LegislationSecretary of the Commonwealth of Pennsylvania
The Secretary of the Commonwealth of Pennsylvania administers the Pennsylvania Department of State of the U.S. state of Pennsylvania...
that Habay had improperly recorded campaign expenses and failed to account for funds that were spent by his staff in 1998. The initial complaint was referred to the Pennsylvania Attorney General's Office
Pennsylvania Attorney General
The Pennsylvania Attorney General is the chief law enforcement officer of the Commonwealth of Pennsylvania. It became an elected office in 1980. Currently, the office is held by Linda Kelly.- Authority and Responsibilities :...
and the House Ethics Committee
Pennsylvania House of Representatives
The Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two year terms from single member districts....
. In 2004, the Pennsylvania State Ethics Commission
Pennsylvania State Ethics Commission
Pennsylvania State Ethics Commission is the main ethics commission for the Government of Pennsylvania.-The Commissioners:The six Commissioners, with one vacancy, are: * Louis W. Fryman, Esq., Chairman* John J. Bolger, Vice Chairman...
launched its own investigation, finding that Habay directed his employees to perform campaign-related activity while on state time and lied about it. The commission found that staffers had including organized political fund-raisers
Campaign finance
Campaign finance refers to all funds that are raised and spent in order to promote candidates, parties or policies in some sort of electoral contest. In modern democracies such funds are not necessarily devoted to election campaigns. Issue campaigns in referendums, party activities and party...
, processed political mailings, telephoned
Canvassing
Canvassing is the systematic initiation of direct contact with a target group of individuals commonly used during political campaigns. A campaign team will knock on doors of private residences within a particular geographic area, engaging in face-to-face personal interaction with voters...
supporters to seek donations, built election signs
Lawn sign
Lawn signs are used for local advertising. They can be used by business such as real estate and are popular in election campaigns in some countries. They are small signs that can be placed on the property of a business or on the lawns of a candidate's supporters...
, collected signatures on nominating petitions
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
, and assembled lists of constituents they had helped for invitations to campaign events. On the day before elections, he had his employees stand by the road to greet motorists with signs in a ritual dubbed "the Habay wave." The commission found that "Habay certainly has discretion as to management of staff. However, Habay may not use his position to direct district office employees to perform campaign or political activity during Commonwealth working hours, which is precisely what he did." Habay claimed that the Radiches were retaliating for Rebecca's dismissal and accused the Ethics Commission of bias because he co-sponsored legislation to reform the state's open records laws
Freedom of information legislation
Freedom of information legislation comprises laws that guarantee access to data held by the state. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions...
.
In a related audit hearing before the Commonwealth Court of Pennsylvania
Commonwealth Court of Pennsylvania
The Commonwealth Court of Pennsylvania is one of two Pennsylvania intermediate appellate courts. The Commonwealth Court's headquarters is in Harrisburg, Pennsylvania. The Superior Court of Pennsylvania is the other intermediate appellate court in the Pennsylvania Unified Judicial System...
, George Radich argued that Habay had violated campaign finance laws by failing have a campaign chairman and failing to report that the House Republican Campaign Committee settled a $6,000 legal bill for him in 2003. According to a staff attorney for the court, it was only the second such audit hearing to be held in the Commonwealth Court in recent memory. The hearings were both "exasperating and entertaining" as Radich, acting as his own attorney
Pro se legal representation in the United States
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase...
, accused Habay of putting a dead snake in his driveway and poisoning his private pond
Pond
A pond is a body of standing water, either natural or man-made, that is usually smaller than a lake. A wide variety of man-made bodies of water are classified as ponds, including water gardens, water features and koi ponds; all designed for aesthetic ornamentation as landscape or architectural...
. Judge Robert Simpson determined that Habay had committed substantial violations of the state Elections Code and ordered him to pay Radich's legal bills
Attorney's fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Attorney fees are separate from fines, compensatory and punitive damages, and from court costs in a...
of $62. The judge also found "substantial negligence" by Habay's campaign treasurer. Despite the ruling that Habay had not committed the violations with "criminal negligence" or "willful criminal intent," he forwarded the report to the Allegheny County District Attorney
Allegheny County, Pennsylvania
Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh...
for "further action, if any, as he shall deem necessary."
First trial and resignation
On September 17, 2004, Habay was charged by the Pennsylvania Attorney General with theft of services and conflict of interest for allegedly using his state-paid workers to conduct campaign work for him on state time. The charges were filed as the result of an investigation spurred the Ethics Commission probe into Habay's actions. During an October 24, 2004 hearing before Shaler District Justice Robert Dzvonick, Habay was admonished for an October incident in which he reportedly rummaged through a former aide's car after refusing to permit the aide to remove his belongings from Habay's flood-damaged office.The trial began 10 months later on October 7, 2005, with the testimony from several of Habay's former staffers describing their political work done during state time. According to Tony Krastek, the prosecutor from the Attorney General's office, the volume of such work and the fact that Habay took steps to keep it secret turned what would have been an administrative issue into a crime. Rebecca Radich, the former staffer who filed the original ethics complaint, discussed the staff organizing political mailings and skipping work hours during elections to hold campaign signs and wave at motorists along Routes 28 and 8. Under cross examination Radich said that she had done so under direction from Habay, an statement that Habay attorney John Elash likened to the Nuremberg Defense, made famous by "soldiers under the Third Reich." Another former staffer testified that Habay threatened to withdraw his medical coverage failing to participate in a political parade, that he was directed to find negative information about Alan Jennings, a reporter for WPXI
WPXI
WPXI, channel 11, is the NBC-affiliated television station for Western Pennsylvania that is licensed to Pittsburgh. It broadcasts a high definition digital signal on UHF channel 48 from a transmitter located on the north side of Pittsburgh. Owned by Cox Enterprises, the station has studios in the...
, after Jennings aired a negative report on Habay, and that he was directed to develop a legal challenge to the nominating petitions of Habay's 2002 Democratic challenger—all while on state time. All told, a half-dozen current and former Habay staffers testified that Habay seemed to draw no distinction between public and private work. Habay's attorneys argued that the entire matter was a political prosecution pushed by vindictive former employees and political opponents. They argued that even if his employees had performed such political work during daylight hours, they nonetheless completed the required 37.5 hours of work per week. The judge did not permit the defense team to call Attorney General Jerry Pappert
Jerry Pappert
Gerald J. Pappert is a former Pennsylvania Attorney General.When he was chief of staff to Michael Fisher, the political website PoliticsPA named him to their "Pennsylvania's Smartest Staffers and Operatives" list, saying that he "adds brainpower to the Office of Attorney General."-References:...
and former Attorney General D. Michael Fisher
D. Michael Fisher
Dennis Michael Fisher is a United States federal judge of the Court of Appeals for the Third Circuit. He was nominated on May 1, 2003 by President George W. Bush and confirmed by the U.S...
to testify, ruling that their testimony would be irrelevant
Relevance (law)
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove."...
. Habay testified in his own defense
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
.
On December 12, 2005, Habay was found guilty of the conflict of interest charge, but did not convict him of the theft of services charge. Following the verdict, Habay said, "There are two people I hold responsible today. One of them is Rick Santorum
Rick Santorum
Richard John "Rick" Santorum is a lawyer and a former United States Senator from the commonwealth of Pennsylvania. Santorum was the chairman of the Senate Republican Conference -making him the third-ranking Senate Republican from 2001 until his leave in 2007. Santorum is considered both a social...
. Rick Santorum and Keith Schmidt have been on a witch hunt, over and over again, against me and other representatives in the Republican Party. We're sick and tired of that." Habay noted that he has had to sell his personal belongings to pay his attorneys, but vowed to continue to fight the conviction.
Habay officially resigned his legislative seat at midnight on February 7, 2006, the day before he was due to be sentenced. As a retired legislator, his convictions would not cause him to lose his legislative pension. On February 8, 2006, Habay was sentenced to 6 to 12 months of prison followed by four years of probation. The Judge allowed to seek alternative housing such as a halfway house or a work-release program, in lieu of prison. Habay had asked the judge for probation, but the Judge that Habay displayed an "egregious lack of remorse," nothing Habay's "public diatribe" to the media following his conviction. On August 2, 2006, Judge Manning revoked Habay's bond and ordered him taken to the Allegheny County prison, saying that Habay not staying in an approved halfway house and was using delays in his second criminal trial to postpone his sentence. After a week in jail, Habay was released to an approved halfway house, Goodwill Industries of Pittsburgh's
Goodwill Industries
Goodwill Industries International is a not-for-profit organization that provides job training, employment placement services and other community-based programs for people who have a disability, lack education or job experience, or face employment challenges...
Community Corrections Center.
Second trial and appeals
In May 2004, George Radich sent Habay a letter in connection his legal request for an audit of Habay's campaign finances by the Ethics Commission. Habay informed police and the U.S. Postal inspectorsUnited States Postal Inspection Service
The United States Postal Inspection Service is the law enforcement arm of the United States Postal Service. Its jurisdiction is defined as "crimes that may adversely affect or fraudulently use the U.S...
that the envelope contained a white powder, allegedly anthrax. The power was later determined to be harmless. Radich admitted to mailing the envelope from the local post office, paying the postage with a credit card, but denied sending any white powder.
On March 25, 2005 the Allegheny County
Allegheny County, Pennsylvania
Allegheny County is a county in the southwestern part of the U.S. state of Pennsylvania. As of the 2010 census, the population was 1,223,348; making it the second most populous county in Pennsylvania, following Philadelphia County. The county seat is Pittsburgh...
District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
charged Habay with 21 crimes, including retaliation against witnesses, intimidation of witnesses, and solicitation to commit perjury. He also was held on lesser charges of filing false police reports, retaliation, and harassment. According the District Attorney, Habay engaged in a campaign of harassment against several individuals involved in litigation against him. On February 17, 2006, he rejected a plea deal that would have caused him to lose his pension and lifetime medical benefits, but would have allowed him to avoid jail time. By November 2006, both of Habay's attorneys ceased to represent him because of non-payment of the legal fees from his first trial. Habay claimed that he was unable to afford attorneys, but did not meet the income requirement to be given a public defender. Judge Nauhaus chastised Habay, saying that his failure to secure representation was an effort to stall the proceedings to keep his pension for longer. On April 30, 2007, with new representation, Habay pleaded no contest to all 21 charges. Judge Nauhaus sentenced Habay to four to eight months in jail, 14 months house arrest, followed by two years probation; as a result, Habay lost his benefits and pension. Habay was charged $8,650.84 in restitution for the United States Postal investigators and $2,050 restitution to the state.
Habay's appeals of both sets of convictions was denied by the Pennsylvania Superior Court. Judge Manning agreed to allow Habay to serve the remainder of his conflict of interest conviction in a halfway house, noting that the lawmaker had already lost "his office, his pension and his reputation." However, Judge Nauhaus did not agree and ordered Habay to jail.
External links
- Pennsylvania House of Representatives - Jeff Habay (Republican) - official PA House profile (archived)
- Pennsylvania House Republican Caucus - Rep. Jeff Habay - official Party website (archived)