Lancaster County politicians and communities have historically been averse to becoming entangled in the gambling industry.
But one former Lancaster County member of the House of Representatives now sits on a powerful regulatory board overseeing gaming and gambling in Pennsylvania.
Former West Donegal Township Rep. Dave Hickernell was officially sworn in as one of seven board members of the Pennsylvania Gaming Control Board after its Feb. 22 meeting. Hickernell sat in his position at the board’s March 22 meeting.
“Without a doubt, Dave’s experience, knowledge and perspective will prove to be a great asset to the board,” said Denise Smyler, chair of the Gaming Control Board, during its March 22 meeting.
Hickernell replaces Mark Mustio, a former Allegheny County member of the House who was first appointed to the commission by former House Speaker Mike Turzai and later reappointed in 2021 by Lancaster County Rep. Bryan Cutler. He will serve a two-year term on the board.
Hickernell served as a State Representative from 2002-2022, representing the 98th Legislative District in Lancaster and Dauphin counties. He served as majority chairman of the Tourism & Recreational Development Committee, the Education Committee, and the Professional Licensure Committee.
Before winning a seat in the House, Hickernell served as the Clerk of Courts for Lancaster County and held numerous staff positions in the House of Representatives for nearly two decades. A graduate of Donegal High School and Elizabethtown College, Hickernell holds a bachelor’s degree in psychology.
Hickernell announced he would not seek re-election in December 2021, leaving the redrawn seat open for the first time in two decades. Current 98th District Rep. Tom Jones ultimately prevailed in the 2022 election, defeating Mount Joy Borough council member Lu Ann Fahndrich in the Republican primary and easily defeating Democrat Mark Temons and Libertarian Josh Gerber in the November General Election.
Attempts to reach Hickernell for comments in the story were unsuccessful.
Board Criticisms
The Gaming Control Board, which is made up of three members appointed by the governor and four appointed by the leadership of the General Assembly, has drawn criticism in the past as having one of the highest-paid positions in the state government, around $145,000, despite only meeting regularly once a month.
The board has also been criticized as a way to reward political favors to legislators and staff loyal to the governor.
Smyler, the current board chair, was appointed to her position in 2021 by former Gov. Tom Wolf. Smyler is the former General Counsel of Pennsylvania who served on Wolf’s executive staff.
Former House Democratic Leader and Allegheny County Rep. Frank Dermody was appointed to the board in 2021 by current House Speaker Joanna McClinton. Dermody received the position after losing his re-election bid in 2020 to Carrie DelRosso, who in turn lost her House spot when she ran for Lieutenant Governor with Sen. Doug Mastriano in November.
Other current commissioners include former staffer in the Auditor General’s office Shawn Dillon, former Pennsylvania Executive Deputy Attorney General for Public Protection Sara Manzano-Diaz, former Wolf staffer Nedia Ralston and former U.S. Probation Office employee Frances Regan.
According to the board’s code of ethics, no appointed board member, employee or independent contractor is permitted to be a current public official or party officer. Additionally, no member “may hold or campaign for public office or hold an office in any political party or political committee; contribute to or solicit contributions for a political campaign, party, committee or candidate; actively participate in a political campaign; publicly endorse a candidate; or appear at any political fund-raiser.”
The policy was initially challenged when the Gaming Control Board was created in 2004 when Act 71 legalized gaming in Pennsylvania. Former Rep. Jeffrey Coy was nominated by the House Democratic Leader Bill DeWeese to serve on the board despite still holding his legislative position.
Coy resigned his legislative seat on Sept. 2, 2004 and was appointed to the board the next day.
Cutler, who addressed a meeting of the FreePA Southern End Chapter in Quarryville last week, was asked by The Lancaster Patriot what prompted him to nominate Hickernell for the open board position.
Lancaster County residents have traditionally “kept a wary eye on gaming,” Cutler said, so he thought Hickernell would “do a great job to keep everything in line there for the industry” by having a critical eye on the process. Cutler said Hickernell is also familiar with gaming and regulatory issues through his time as a House staffer and a representative in the legislature, making him a “great qualified individual.”
Cutler said the Gaming Control Board has significant issues to address in the future, including the possible oversight of games of skill that are “coming into focus very quickly” because they’re showing up in some municipalities that originally opted out of hosting mini casinos under the Act 71 legislation. He said there’s ongoing litigation on the issue and that courts have had a “very broad interpretation of what the law says or doesn’t say,” putting pressure on entities like the Gaming Control Board.
“[Dave] understands the legislative process, and I just think he’ll keep a very good eye on it,” Cutler said.
Staff writer Michael Yoder is an award-winning journalist who has been honored with several Keystone Press Awards for his investigative pieces.
Just goes to show that even if you vote politicians out of office or they retire, they never go away. Both political parties appoint these people to high paying jobs as rewards for their party loyalty.