Jeff Habay

Jeffrey Earl Habay (commonly known as Jeff 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.

Jeff Habay was born in Pittsburgh, Pennsylvania. 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. Habay also attended the Widener University School of Law in Harrisburg in 1998.

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.

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 Sheriff. 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.

1994 election

In 1994, Habay ran for the 30th legislative district 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 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.

1996 election

In 1996, Habay again faced Daniel L. Anderson 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.

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 Whip 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.

Ethics Commission and Audit Hearings

In 2002, one of Habay's former staffers husband George Radich, notified the Pennsylvania Bureau of Commissions, Elections and Legislation 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."

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, a 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.

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 inspectors 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 to 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.