Judge: Felasco is entitled to pay

The paychecks can't be withheld based on accusations, the judge said.
By VIRGINIA ROSS
VINDICATOR CORRESPONDENT
NEW CASTLE, Pa. -- Lawrence County Treasurer Gary Felasco is entitled to his paycheck while criminal charges against him are pending, according to a decision made by a judge Tuesday.
Visiting senior Judge Michael Wherry from Mercer County said the county cannot withhold Felasco's paycheck "based on accusations" levied against him because there "is no provision in the county code, or state law or anywhere" that provides for the county to take such action.
Further, Judge Wherry, at a hearing to resolve several issues related to Felasco, said the treasurer is not compelled to answer several questions posed to him during depositions because that information could be used against him in a pending criminal case.
Those questions, which Felasco refused to answer at a previous deposition, were addressed at Tuesday's hearing. Felasco must appear for a second deposition conducted by the county district attorney's office, Judge Wherry said.
Last month, District Attorney Matthew Mangino filed a motion in Lawrence County Common Pleas Court to order Felasco to respond to 16 questions the treasurer refused to answer during a deposition in September. Many of those questions relate to daily operations of the treasurer's office.
Judge Wherry ruled that Felasco is compelled to answer three of those questions, which have to do with whether Felasco's properties in New Castle have been subject to sheriff's sale -- information the judge said is a matter of public record.
Judge Wherry agreed to compel Felasco to appear for questioning and denied a request by Felasco's attorneys to limit the deposition to the three questions discussed at Tuesday's hearing.
"I'm not going to [limit the deposition]," he said. "It's up to those conducting the deposition what they ask."
Power struggle
Mangino filed a civil action in August that challenges Felasco's right to hold the title of county treasurer and calls for the court to declare the treasurer's seat vacant.
The lawsuit also seeks to remove Felasco from the Lawrence County Housing Authority board. Mangino contends Felasco has abandoned his office and that he has set up residence in Ashtabula, Ohio, with his wife and children, that he is receiving mail at that residence and driving a vehicle registered in Ohio.
According to the county code, officials elected to county seats must reside in the county.
The civil lawsuit is in addition to criminal charges of theft and embezzlement filed by the Pennsylvania Attorney General's Office.
Since the filing of the civil and criminal complaints, county officials have engaged in a tug of war over whether to withhold Felasco's paycheck.
County commissioners voted to place his wages in an escrow account until the charges are resolved. However, county Controller Mary Ann Reiter began reissuing Felasco his paychecks under the advisement of her solicitor.
Last week, Felasco filed a lawsuit against commissioners seeking wages that have been withheld from him and to ensure he receives his paychecks in the future.
He did not receive his most recent pay last Friday when other county employees were paid.
Charges
Controversy has surrounded the treasurer since it was discovered in early 2004 that he had not paid his own property taxes on his New Castle home for four years. The property was marked "stayed" in the county computer system, preventing a delinquent tax sale. There was no court order to keep the property from being sold.
While investigating that matter, forensic auditors said they discovered more than $44,000 in missing tax money.
County officials and residents repeatedly have called for Felasco's removal from office. However, commissioners have said they have no authority to remove him.
On Tuesday, Atty. Ed Leymarie, who is representing Felasco in the civil matters, asked that Mangino's complaint against Felasco be stayed. Judge Wherry denied the request. Atty. Jim Ross is Felasco's criminal defense attorney. Leymarie and Ross, along with Mangino and county Solicitor John Hodge, were at Tuesday's hearing. Felasco did not appear.