LAWRENCE COUNTY Officials: No way to oust Felasco

The state Senate will not act to remove the treasurer.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- Lawrence County's state legislators say there is little they can do to remove county Treasurer Gary Felasco -- barring a change in the state constitution.
The Lawrence County Council of Governments had a special evening meeting Thursday to grill state legislators on what options exist to remove Felasco.
State Sen. Gerald LaValle of Rochester, D-47th, state Rep. Frank LaGrotta of Ellwood City, D-10th, and state Rep. Chris Sainato of New Castle, D-9th, attended the session.
The treasurer came under fire earlier this year when The Vindicator first reported that he had not paid real estate taxes on his Cunningham Avenue home since 2000.
Improper court stays were placed on the property allowing it to escape the yearly tax sale for delinquent taxpayers.
Felasco, who had served as the appointed director of the county tax claim bureau, was removed from that position by county commissioners. He has remained in his elected office as treasurer. Pennsylvania State Police were called in to investigate.
It was later discovered that Felasco and his wife were using county-issued cellular telephones to set up private parties that were advertised on a sexually explicit Web site. Felasco has since turned in his county-issued cellphones.
Fund transfers
State officials also were called in this spring to look at transfers Felasco made as treasurer. Auditors discovered that Felasco had improperly moved nearly $1 million from the county liquid fuels fund to the general fund in late 2003.
The money was replaced two weeks later, but state law prohibits counties from using the money derived from state gasoline taxes to pay for anything but road and bridge projects.
Felasco also transferred $4 million from the county's Mental Health/Mental Retardation budget in December 2002 to the county's general fund and has since only repaid $3 million to that fund.
County officials have said they did not have enough money to repay the fund. State officials have agreed to give the county up to 10 years to replace the money, interest free.
Senate won't convene
LaValle said the state Senate will not convene to remove Felasco. He explained to local elected officials that a never-used provision of the state constitution on removing elected officials from offices for misconduct is unclear.
LaValle said he has taken offense to criticism he has received in newspaper editorials and Internet Web sites for not taking action against Felasco.
The senator said he also is against starting a movement for a recall provision for elected leaders.
"When you got the ballot and you don't get re-elected, that's recall," LaValle said, adding he believes Felasco should quit.
Sainato added that any recall measure passed by the Legislature would be at least five years away from being implemented -- well beyond the end of Felasco's current term, which is in 2008.
"I know it's frustrating. It's embarrassing," Sainato said.
Investigation
LaGrotta added that there is an ongoing investigation of the treasurer's office by several law enforcement agencies.
"I think at some point if an indictment is handed down, if he is convicted of a crime, he will be automatically removed by the president judge. I think that's the best bet -- it's really ugly," LaGrotta said.
New Wilmington Mayor Wendell Wagner told the state legislators the public perception of their inability to act is that they are "protecting one of their own."
John Kline of South New Castle Borough said he doesn't believe it's fair that Felasco's property escaped the tax sales and others were sold.
LaGrotta said that there is nothing barring anyone who had their property sold at a tax sale -- where Felasco's property should have been sold -- from filing a lawsuit against Felasco.
cioffi@vindy.com