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Bill has process for recalling officials
Lawrence County voters couldn’t oust a treasurer who was eventually convicted of stealing in office.
NEW CASTLE, Pa. — A state legislator has introduced legislation that would give voters the power to recall an elected official for misconduct or for not performing job duties.
State Rep. Jaret Gibbons of Ellwood City, D-10th, introduced the legislation this week. It is composed of House Bill 2781, which would amend the election code and establish the recall system, and HB 2779, which would amend the state constitution to allow for recalls.
“Under the current law, an elected official who has committed a crime cannot be removed until the official is convicted,” Gibbons said.
“That process can take months or years — if ever — to occur. Further, there is no process to oust an official who simply isn’t performing his or her job. My legislation would ensure there is an option to recall an elected official in those instances.”
Under the legislation, a judge would decide if there is probable cause that an official had committed malfeasance or nonfeasance. Then petitioners could start a recall drive.
Gibbons began pursuing the legislation after meeting with Lawrence County Treasurer Richard Rapone and then the county commissioners.
County officials say such legislation would be more effective than changing the county’s form of government, which a study panel will recommend to voters in November 2009.
That panel was voted in last November because, county officials and some panel members believe, the county couldn’t get rid of its elected treasurer, Gary Felasco, who was accused of stealing taxpayers’ money in 2004. He was ousted after his conviction in 2006.
The panel is pursuing a recommendation of a part-time county council and an appointed manager, with the idea that a financial officer would be an at-will employee under such a system, rather than elected.
Commissioners and Rapone, along with other elected row officers in the county, say a part-time council is a drastic change that would hurt, not help the county and would not guarantee that a thieving financial officer could be fired.
It’s the people in the system, not the system, that matter, they say.
Joe Cicero, the study panel’s secretary, said Felasco is not an issue for him.
Under the system Cicero favors, which includes a home-rule charter the panel is writing, people will be able to petition the county council with an issue, or an initiative, he said. Voters also would be able to override the council with a referendum. Five of the seven council members would be from specific districts, while two would be at-large.
“People who are against change say it’s all about Gary Felasco, and people there now are doing a wonderful job,” he said.
“The people who want change are trying to get taxpayers in a position of having more influence in county government.
“What does [Felasco] have to do with initiatives and referendums and five regional council people that citizens can have direct access to?” he said.
starmack@vindy.com