Tuesday, December 30, 2003
A commissioner filed the complaint, which questions a group's expense reports.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- An election complaint filed by Lawrence County Commissioner Brian Burick has been referred to the county district attorney.
Burick questioned campaign expense reports filed by People Angry About Hill View Manor, a group that listed Sandra Kirkham of Ellwood City and Arthur Rush II of New Castle as its officers.
People Angry About Hill View Manor mailed a flier critical of Burick and the failed sale of the county nursing home, Hill View Manor. The mailing went out to voters the weekend before the election. Burick lost his bid for re-election.
Burick contends that the group did not report who paid to mail the flier. The report filed by People Angry About Hill View Manor only lists printing costs as an expense.
Commissioner Ed Fosnaught, who beat Burick in the election, told the election board that his political committee, Friends of Fosnaught, paid the mailing costs. He said it was reported on an expense report filed by Friends of Fosnaught as mailing expenses. The report did not specify that it was a mailing for People Angry About Hill View Manor.
His contention
Fosnaught contends he asked county Solicitor John Hodge, who is also the solicitor for the election board, how the matter should be reported and followed his advice.
"If someone wants to know the proper way to handle expenses, who should they go to? Would the solicitor of the election board be the one to go to?" Fosnaught said.
Fosnaught asked election-board members to reconsider their decision even after a unanimous vote was taken to refer the matter to the district attorney.
"I ask you to reconsider based on the fact that I exercised due diligence," Fosnaught said.
Election Board Chairman Larry Puntereri said they were not referring the matter to the district attorney's office because of Fosnaught's action because of the failure of People Angry About Hill View Manor to report Fosnaught's payment of the postage on its election report.
Investigation
Lawrence County District Attorney Matthew Mangino said election code violators could face a maximum penalty of up to one year in prison and a $2,500 fine.
Mangino said his office will investigate the complaint, but he did not know how long it would take. He said they would likely have to interview people before deciding if charges will be filed.
Mangino said his office is still investigating a complaint referred to it two weeks ago by the election board involving the New Castle mayor's race.
Rick DeBlasio, the Democratic candidate, contends that advertisements placed in a local newspaper were paid for by "Concerned Citizen of New Castle" or "Concerned Citizens of New Castle." The group did not list on its expense report who donated $1,154. The document only states that donations were made in a can put in a common room, but no further details were given. Mary Ellen Jessel of New Castle filed the election report.
cioffi@vindy.com