Commission hits the wall again on Felasco's pay

County officials were meeting at 9 a.m. today to talk about other ways to hold the treasurer's paycheck.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA STAFF
NEW CASTLE, Pa. -- The Lawrence County commissioners have been foiled again in their latest attempt to stop paying county Treasurer Gary Felasco.
Visiting Senior Judge Michael Wherry ruled Tuesday that the county cannot join in a civil lawsuit already under way.
County Solicitor John Hodge had filed court papers Monday asking that the county join the suit initiated in August by Lawrence County District Attorney Matt Mangino. Hodge said the main motivation for the county's participation was to have the court order Felasco's pay held until the outcome of the civil trial.
Mangino contends in his case that Felasco has absconded from and abandoned his office and is now living in Ashtabula with his wife and children. The district attorney is seeking to have Felasco removed from his post.
Wherry ruled that the county commissioners could not participate in the suit because the law permits these types of court actions to be brought only by district attorneys and the Pennsylvania attorney general.
"Allowing the commissioners to intervene would result in an unwarranted expenditure of public funds and would serve no purpose," Wherry wrote in his opinion.
Still trying
County commissioners said they intend to look at other avenues of withholding Felasco's pay. They were expected to meet at 9 a.m. this morning with Hodge, Mangino, Controller Mary Ann Reiter and her solicitor to discuss their options.
Felasco's next paycheck will be issued Friday. Reiter issued Felasco a paycheck earlier this month after her solicitor told her she had no legal right to withhold it without a court order. Felasco's two previous checks were put into an escrow account after commissioners discussed the matter in a caucus meeting and sent Reiter a memo instructing her to hold his pay.
Commissioner Steve Craig said he wants to enforce a memorandum the commissioners sent to the controller instructing her that their signatures not appear on any checks issued to Felasco. The commissioners' signatures are needed to make the check valid.
"I believe [by withholding their signatures] we've already taken all the action necessary to stop his pay," Craig said.
Separate actions
The civil lawsuit and the commissioners' attempts to stop paying Felasco are separate from criminal charges filed Sept. 7 by the Pennsylvania Attorney General's Office. Those charges accuse Felasco of taking more than $40,000 from the county for personal use.
Mangino's civil suit is expected to continue. A hearing to determine if Felasco must answer questions he refused to answer in a recent deposition is scheduled for 8 a.m. next Wednesday before Judge Wherry.
cioffi@vindy.com