Rendell: Senate must handle Felasco matter

NEW CASTLE, Pa. -- Gov. Ed Rendell now thinks he's the wrong person to ask to start proceedings to remove Lawrence County's treasurer.
Abe Amoros, the governor's spokesman, said after legal counsel reviewed a seldom-used article of the state constitution, state officials now believe the state Senate must initiate the action.
"In essence, this is a very old law. This goes back to the 19th century and has never been tested before. There was a question whether this originates with the governor or Senate. Our interpretation is, we are waiting for a resolution from the Senate in order to hold the hearings," Amoros said.
Gov. Rendell told The Vindicator on May 8 that he would look into the removal of Lawrence County Treasurer Gary Felasco if asked.
Amoros said the governor's staff is telling those who sent letters requesting the governor look into the matter to contact the Senate.
Felasco came under fire in February after The Vindicator first revealed that he had not paid property taxes on his Cunningham Avenue home since 2000. County computer records showed that a "court stay" or freeze had been put on his property, allowing it to escape the yearly sale for nonpayment of taxes.
He was removed as the county tax claim bureau director, and Pennsylvania State Police were called in to investigate.
Actions as treasurer
County officials have also questioned Felasco's actions as treasurer after learning he transferred nearly $1 million from the county liquid fuels fund to the general fund at the end of 2003. Liquid fuels funds, money derived from state gas taxes, can be used only for road and bridge projects.
County commissioners also question why Felasco held onto a $200,000 check for more than 10 days, causing about 70 retirees checks to bounce. Bank officials did end up cashing the checks and decided not to charge the county a fee.
After Rendell said he would look into the matter if asked, a number of county officials decided to send letters.
Lawrence County District Attorney Matthew Mangino, the first to send a letter to Rendell asking for Felasco's removal, said he has not been informed by the governor's office that he must contact the state Senate.
"At this point, my position was in this whole matter is that the governor said no one asked him [to start removal proceedings], and I thought it appropriate to ask. Obviously the governor and his legal counsel have a different opinion and I would defer to them," Mangino said.
Letter hasn't gone out
Lawrence County Commissioner Dan Vogler said the board of commissioners' letter asking the governor to look into removing Felasco has not yet gone out. Commissioners voted May 11 to send one out, and county Solicitor John Hodge is still drafting it.
Vogler said they will still send the letter to Rendell, even though it appears he is backing off the issue, because that is what was voted on in a public meeting.
It is still unclear how proceedings would begin in the Senate. Senate Legal Counsel Steve MacNett could not be reached to comment.
State Sen. Gerald LaValle of Rochester, D-54th, whose district covers most of Lawrence County, said Monday that he believes it is more likely Felasco would be removed from office if he is convicted of a crime.
Felasco has not been charged.
"On its face, Gary's political career is probably over. I think there will have to be some specific reason to have to remove someone from office. I'd be more inclined, if Gary Felasco has done something illegal, to have him removed," LaValle said.
The state constitution allows for the courts to remove an elected official from office if convicted of an "infamous" crime such as embezzlement.
"I happen to believe if this investigation concludes in the near future and they determine something illegal, then follow that process. If there is nothing illegal, then it is up to the voters in the next election," LaValle said.
Felasco's term in office will not be up until 2008.
cioffi@vindy.com