Pa. Governor’s Office Deleted Emails Relevant to Sexual Misconduct Complaint

The Shapiro administration’s handling of a sexual misconduct complaint against a cabinet member, and one reporter’s request to know more about the investigation behind it, may cost taxpayers a lot of money.

In a court transcript obtained by The Center Square, an attorney representing the Office of the Governor says the state deleted internal emails sent and received over an eight-day period by a deputy aide in its Legislative Affairs Office who reported the inappropriate behavior.

“That, frankly, should not be surprising that an account of a departed employee would be disposed of in accordance with the records retention schedules,” says Thomas Howell, the administration’s attorney, during a Feb. 12 hearing in Commonwealth Court. “Those retention schedules are public, and they establish that, you know, your general emails are deleted as soon as they’re no longer necessary.”

Thomas Breth, an attorney for Broad + Liberty, said during the hearing that emails from former employees are kept between three and eight years. The ones in question date back only two years.

The Center Square spoke with one of the attorneys representing the reporter who requested the communications. They said that the “stunning” admission has now generated a request for sanctions against the administration for violating state laws dictating records retention.

The ongoing dispute dates back to late 2023 when the news organization filed a public records request for the emails, along with other internal documents, that were sent between March 2, 2023, and March 10, 2023 – crucially, the last week the aide worked after filing the complaint and resigning.

The complaint alleged Mike Vereb, Shapiro’s former secretary of Legislative Affairs, retaliated against the staffer after reporting his inappropriate comments in February of that same year. Vereb resigned six months later, just weeks before a $295,000 taxpayer-funded settlement became public.

An attorney involved in the proceedings told The Center Square that if sanctions against the administration are imposed, it will have to cover Broad + Liberty’s court fees.

When asked about the issue during a news conference on Tuesday, Gov. Josh Shapiro said he hadn’t read Broad + Liberty’s reporting about it.

“I didn’t read the story and I'm confident my administration follows all document retention policies,” he said.

The governor has long maintained he was unaware of allegations against Vereb, an explanation that’s been met with backlash. The two have a decades-long professional relationship that’s spanned the House of Representatives, the attorney general’s office and the governor’s mansion, raising questions about how much Shapiro knew – and for how long.

One of the most vocal critics, President Pro Tempore Kim Ward, says his explanation is “unimaginable” and “simply not believable.” Her past comments have increased friction with Shapiro as the two struggle to make legislative deals halfway through the governor’s first term.

She added that “any attention” the administration paid to the matter “was protective to cover their office.”

“Shapiro has had every opportunity to step up and do the right thing and he has failed every time. Leadership and culture start at the top,” Ward said. “Shapiro’s excuse that he didn’t know until months after two of his top advisors were named in a sexual harassment complaint by an employee in his own office is simply not believable.”

Handling sexual misconduct complaints vexes government in all states, red and blue alike, according to the National Women's Defense League, which released an updated report on Tuesday that compiles allegations against public officials.

Since 2013, five former state lawmakers have been accused of sexual misconduct: Democrats Tom Caltagirone, Daylin Leach and Mike Zabel; and Republicans Brian Ellis and Nick Miccarelli. Only two resigned: Zabel and Ellis.

A survey in the report shows that 43% of responding lawmakers think existing policies to prevent sexual misconduct are sufficient. The report also identifies among “notable trends” that politicians transitioning to higher office often escape the ramifications of allegations levied against them – and that “culpability also extends to lawmakers whose high-ranking staff were accused in multiple states.”