UNION TWP. Nuzzo's job filled by police retiree

A supervisor says the ethics commission will eventually decide the issue.
By MARY GRZEBIENIAK
VINDICATOR CORRESPONDENT
NEW CASTLE, Pa. -- Retired state policeman Clair Damon is now a Union Township supervisor, named to replace the deceased Ralph Nuzzo.
Damon, who is know as "Sonny," worked 251/2 years as a Pennsylvania State Police officer, retiring in 1997.
He was hired amid controversy one year ago as secretary-clerk for the Union Township Police Department and has run unsuccessfully for supervisor three times, the most recent defeat coming in the May primary election.
The Union Township Vacancy Board met Thursday. Although the appointment is only until the end of the year, Damon said he has informed the county Democratic Party chairman that he'd like to be the Democratic nominee in the November election for the two years left in Nuzzo's term.
As expected, it was vacancy board chairman Mickey DeLeone who cast the deciding vote after Supervisor Kevin Guinaugh nominated Damon, and Supervisor Steve Galizia abstained from voting.
Galizia had unsuccessfully sought a preliminary injunction in Lawrence County Common Pleas Court to prevent DeLeone from voting on the new supervisor, contending DeLeone has a conflict of interest because he is employed by the township sewer authority. Members of the sewer authority board are appointed by supervisors.
Before calling for the vote, DeLeone pointed out that a section of the Pennsylvania Ethics Act law states a public official with a conflict of interest may, in the case of a tie, cast the deciding vote if he discloses his possible conflict of interest.
In issuing his opinion when denying the preliminary injunction, Lawrence County Common Pleas Judge Ralph Pratt had advised DeLeone to make such disclosure before breaking any tie.
Whether Galizia's abstention means the same under the law as a "no" vote was one of several questions left unanswered Thursday.
Another opinion
Atty. Richard Flannery, who represents the township in this matter, said after the meeting that, in his view, "the way the vote came down was effectively a tie" which Flannery believes allowed DeLeone to cast the deciding vote.
Resident Randy Conti, one of a standing-room crowd at the meeting, asked supervisors whether anyone has contacted the Pennsylvania Ethics Commission to find out whether officials there believe DeLeone has a conflict of interest.
Galizia and Flannery indicated that the ethics commission is aware of the problem and will eventually decide the issue. But the ethics commission meets once a month and no one knows when it will render a decision.
Time is a factor, Flannery said, explaining that if the vacancy board did not act this week to fill the post, the court would have done so.
Galizia said he abstained because of the potential for fines or other punitive action against the township by the ethics commission if DeLeone is indeed found to have a conflict of interest.
Galizia said he is disappointed in Damon's appointment. "The people voted him down three times. I don't think the public has been served," he said.
Galizia also stated that Damon will have to give up his job as police secretary-clerk because as a supervisor, he is no longer eligible for union employment. Damon disputed that, saying that while he can no longer belong to the union, he is allowed to continue to hold the job.