Judge dismisses Canonsburg Council case
CANONSBURG – A Washington County Court judge dismissed a complaint lodged by three Canonsburg councilmen regarding the legitimacy of actions taken at a borough meeting in January.
Judge Michael Lucas ruled the plaintiffs – Councilmen Paul Sharkady, Tim Bilsky and John Severine – lacked legal standing in their complaint against Council President John Bevec, Mayor Dave Rhome and Canonsburg Council. Attorney Harlan Stone filed the complaint on behalf of his clients and sought a quo warranto action – in layman’s terms, a challenge to an individual’s right to hold office.
“We were disappointed with the decision, we disagree with the result and we will take an appeal,” Stone said, adding the appeal will be in state Superior Court or Commonwealth Court.
The complaint argued Sharkady was appointed to council without first providing an affidavit of residency, but Severine, who also did not have such an affidavit, was blocked from taking his seat. The plaintiffs also argued Rhome erroneously cast a tie-breaking vote to appoint Bevec and Rich Russo to fill two vacancies on council. They asked all actions taken by council since the Jan. 6 meeting be declared void.
They contend Severine, had he been allowed to be sworn in Jan. 6, would have influenced the makeup of council. Solicitor Patrick Derrico cleared Sharkady to take his seat because he was an incumbent.
Lucas wrote in his opinion that in order to bring an action in quo warranto, a party “must be either the attorney general or district attorney or be the person who would be placed in office if the action is successful in removing the challenged officeholder.”
Frank Tatano and George Coleman were nominated by Sharkady and Bilsky to fill the vacancies, but they are not named in the case. The three councilmen argued they have special interest and are “entitled as public officials to question the integrity of the process by which the appointments were made,” according to the court document.
Sharkady said they are reviewing their options for appeal, and he is disappointed that Lucas did not consider their case.
“He didn’t get into the meat of the thing. He didn’t rule on any laws,” Sharkady said. “He just said we didn’t have standing to file the case.”
“It’s just a joke, that’s all,” Severine said. “No grounds for what? (Council) didn’t abide by the rules.”
Bilsky declined to comment, and Derrico could not be reached for comment.
Bevec and Russo, who both fulfilled terms on council in 2013 and did not run for re-election, were appointed to fill council vacancies during the Jan. 6 meeting.
Council members Sharkady, Bilsky, Fran Coleman and Joseph McGarry were split over vacancy appointments. Rhome broke the tie and sided with Coleman and McGarry, who voted to appoint Russo and Bevec.
Sharkady, Bilsky and Severine initially sought action from District Attorney Eugene Vittone, but he declined to consider the case. They then filed a petition in Washington County Court, which was dismissed in March by President Judge Debbie O’Dell Seneca for being “legally deficient.”