Treasurer considers legal action

Commissioners would like a comprehensive audit of Felasco to see if any more cash is missing.
By LAURE CIOFFI
VINDICATOR PENNSYLVANIA STAFF
NEW CASTLE, Pa. -- Lawrence County's embattled treasurer is considering adding a few more court dates to his calendar.
Treasurer Gary Felasco's attorney, Ed Leymarie, said his client is considering legal action against Lawrence County. County commissioners voted last week to withhold the treasurer's paycheck until the criminal charges filed against him by the Pennsylvania attorney general's office are resolved.
"They are depriving him of his property without due process. This is vigilante county government," Leymarie said of the commissioners.
Felasco, 38, the county's elected treasurer was charged last week with theft, embezzlement and other charges. He is free on $25,000 bond.
The Pennsylvania attorney general's office contends Felasco took more than $40,000 cash from the office from October to November 2003.
Felasco's $1,700 paycheck went into an escrow account this week. Commissioners say the money will remain there until criminal charges can be resolved. They believe it can be used to help pay restitution to the county if he is convicted.
Leymarie said Felasco is looking at several legal options in the matter including a civil rights violation.
"I feel he has some course of legal action. It's beyond their powers to do this," Leymarie said.
Commissioners' plans
In other action Thursday, Lawrence County commissioners decided to ask auditor Packer Thomas to submit a cost estimate for auditing Felasco's entire tenure as head of the county tax claim bureau.
Lawrence County District Attorney Matt Mangino has urged county commissioners to audit the entire 49-month period when Felasco had control of the tax claim bureau.
Commissioner Chairman Dan Vogler said commissioners are wary of the cost of an expanded audit and would like an estimate before making a final decision.
He also wants to contact the attorney general's office to make sure another audit won't impede their criminal case against the treasurer.
Commissioner Steve Craig suggested they also contact the district attorney's office and attorney general to see if they have any money that can pay for the audit as part of a criminal investigation.
Felasco was removed as tax claim bureau director in early 2004 after commissioners discovered he was not paying property taxes on his home.
Court papers filed to support the charge contend that Felasco took cash from payments made to his office. Checks from people who paid by mail were substituted for the cash, and those taxpayers were not marked paid, court papers stated.
Felasco would then delete their names from the list of delinquent taxpayers, according to court papers.
cioffi@vindy.com