Height to plead guilty to charge

SCRANTON – Less than a month after expressing “shock” over the arrest of Wilkes-Barre Area School Board member Brian Dunn, fellow board member James Height suffered the same fate as federal authorities charged him Monday with accepting $2,000 for helping a contractor’s attempt to secure a contract within the district.

Height, 53, has agreed to plead guilty to a single count of corrupt receipt of a reward for official action and to cooperate with authorities in their ongoing corruption probe.

Speculation that Height might be charged had been swirling since last Tuesday, when he abruptly resigned from the board without explanation. He was the president of the board. Sources previously told The Times Leader that Height had been questioned by federal investigators. He has repeatedly denied he had any knowledge of the federal probe into the district.

According to the complaint filed by the U.S. Attorney’s Office, Height accepted the money sometime between Jan. 1 and April 1 as a reward for support he provided to a contractor “seeking to enter a contract with the district,” and for his support in helping that contractor win a contract with the Wilkes-Barre Area Career and Technical School, on whose board Height also served.

The complaint does not identify the contract or contractor who paid Height. U.S. Attorney Martin Carlson declined to release any further details.

Height’s seat is up for re-election in today’s primary. His name remains on the ballot because his resignation came too late to remove it.

The charges are the latest to result from a corruption probe that previously nabbed Dunn and Pittston Area School Superintendent Ross Scarantino, both of whom are accused of accepting bribes in exchange for the awarding of contracts.

Asked by a reporter to comment after the filing of charges against Dunn on April 16, Height said he was “shocked.” He said he had not been interviewed by federal authorities as of that time, and had no idea anything was amiss in the awarding of contracts.

Height did not return phone messages left at his home or cell phone Monday. His attorney, Joseph D’Andrea of Dunmore, said the charges against Height are an “unfortunate situation.”

“Jim Height was proud to serve the residents of Wilkes-Barre for many years. He is saddened that his good tenure as a school director will most likely be remembered this way,” D’Andrea said.

Fellow board member Maryanne Toole said she was dismayed to learn of the latest charges and is concerned about the impact on the district.

“We are a district in crisis, especially with this being the second one charged. It’s just unbelievable,” Toole said. “I just hope that those of us who are on the board, and those who will be coming on board, will continue to work as we have to be above board and do what is right for the children and the community.”

Superintendent Dr. Jeff Namey said he was stunned to learn of the charges because Height, who served on the board since 2002, was such a dedicated board member.

“He was always one who was concerned about the kids. I don’t know what else to say,” Namey said. “This is very, very troubling.”

Toole said the board needs to more closely scrutinize the process by which contracts are awarded to determine if there are any other safeguards that can be implemented.

“We need to take a good hard look at what’s been done in the past. If mistakes were made we should – no, not should, we will correct them,” she said.

Namey said he agrees the process needs to be reviewed, but he’s not sure what else can be done. He noted that the bids are advertised publicly and opened in public. It’s hard to ascertain if a board member’s actions are the result of undue influence.

“You just don’t know. I do think this ongoing investigation is going to do a lot to prevent that from occurring in the future,” he said.

The charge against Height carries a maximum sentence of 10 years in prison, but the maximum applies only if a defendant has a prior criminal record and if other aggravating factors are present.

In Height’s case, the standard sentencing range -- based on the offense level stated in the plea agreement -- is 18 to 24 months, according to sentencing guidelines. The U.S. Attorney’s Office has agreed to a sentencing range of 12 to 18 months in exchange for the plea.

Prosecutors have also agreed to seek a further reduction if it’s determined Height’s assistance significantly aids the ongoing corruption probe, according to the agreement. The amount of the reduction is at the discretion of prosecutors.

The plea agreement notes that the proposed sentence is not guaranteed, because a judge could reject the recommendation. Height would not be allowed to withdraw his plea if he is unhappy with the sentence.

Height was not taken into custody and remains free pending the official entry of his plea and sentencing. No date has been set for either hearing.