Luzerne County Councilman Stephen J. Urban publicly asked the county law office to look into a county employee’s use of a K-9 dog as a “prop” in a magisterial election campaign.
He didn’t name the worker, but several council and audience members immediately said during Tuesday’s council meeting it was obvious he was referring to Spike, a Labrador Retriever trained in electronic detection.
County Detective Charles “Chaz” Balogh is Spike’s handler and has included the dog in a campaign billboard and signs.
Balogh said Wednesday he is extremely close to Spike and included him in campaign material as his pet and best friend. He also said the campaign signs did not identify Spike by name or show him outfitted in a K-9 vest.
The only thing visible on Spike in the ads is a collar he wears all the time containing a tracker, Balogh said. This green device is “like a Fitbit for a dog,” pinpointing his location and monitoring sleep, activity and other health benchmarks, Balogh said. He said he purchased the device and pays the monthly subscription.
“I don’t believe I did anything unethical. I feel I didn’t do anything wrong with having a photo with my dog, who lives at my house and stays with me and is really a part of everything I do,” Balogh said.
But Urban said during Tuesday’s council meeting he believes the dog is county property and argued the county Accountability, Conduct and Ethics (ACE) Code prohibits the use of county property for political purposes.
“I think we need to look into that. It is against the ACE Code clearly in one of the provisions that no county property shall be used, and we pay for the upkeep and vet bills,” Urban said.
At Urban’s request, the county law office agreed to review the matter. A complaint would have to be filed for the county Ethics Committee to get involved.
In a preliminary statement on the issue, county District Attorney Sam Sanguedolce said supervisors in his office were not notified prior to Spike’s photo being used in a campaign ad for the magisterial district judge in District 11-1-05, which covers Kingston and Edwardsville.
County funds were not used to purchase Spike, he noted.
“While the office does reimburse Detective Balogh for food and vet bills, Spike and his initial training and vehicle were donated by Operation Underground Railroad, an organization that assists law enforcement in saving abused and trafficked children,” Sanguedolce said.
Spike lives full-time with Balogh who is responsible for his care, the DA said.
“After having seen the photo, I don’t see any ethical issues with it. He is not displaying any police or office material,” Sanguedolce said. “Respectfully, I see it as no different to a county council candidate using a family photo, even if his parent or child were also on council and paid money from the county.”
Balogh said he wanted to pay for Spike’s food and veterinary care and forego a caretaker stipend that equates to $4 per day, but the county informed him this financial reimbursement is legally necessary to avoid compensation claims while the K-9 is in service.
In 2013, the county had agreed to pay a combined $32,350 in back wages to four prison canine handlers for taking care of their dogs at home following a review by the U.S. Department of Labor’s wage and hour division. Case law has established handlers should receive stipends for at-home care, including bathing, exercising, grooming and feeding the canines, officials have said.
Balogh said he will willingly cooperate if someone files an ethics complaint or the county law office requests additional information.
He does not know the intricacies of Spike’s ownership but said he does not consider him “property.”
Balogh also said Spike will certainly retire and remain with him when Balogh retires as a detective.
Spike, who is 7, could technically retire under the agreement with Operation Underground Railroad because he has completed annual recertification for five years, Balogh said.
After retirement, Balogh said he would ensure Spike maintains annual certification and training for as long as the canine is fit for service so he can be available as needed to assist the DA’s Office, although he hopes arrangements can be made for the county to acquire a new detection dog for another staffer also trained to perform as a handler.
Balogh said Spike is not like a county-owned piece of equipment because he requires care and an emotional bond. Spike sleeps in his bed every night, he added.
“You go through emotions. I am the one taking care of him after hours when he is sick and having problems. I don’t think of him as property. I think of him as my best friend,” Balogh said.
Balogh said he apologizes if anyone viewed his actions in a negative light.
“If people don’t like that, I’m sorry.”
Sanguedolce highlighted Spike’s work during his recent annual briefing to council. Spike finds tiny, hidden data storage devices containing child pornography, including ones the size of a thumbnail that can hold thousands of photographs and videos, Sanguedolce said.
Magisterial candidates cross-file, which means they will appear on both Democratic and Republican ballots in the county’s May 16 primary election and can secure one or both party nominations to advance to the November general election.
In District 11-1-05, incumbent Jim Haggerty is running against Balogh.