Democratic chairmen face new suit
Another salvo has been fired in a legal battle between former chairmen of the Washington County Democratic Committee that has lasted for a decade.
Milan Marinkovich of Carroll Township, a Democratic committeeman and former chairman of the county Democratic Committee, and 17 committee members went to Washington County Court on Monday, naming as defendants in a suit George Vitteck, former chairman, and Ron Sicchitano, current chairman.
Included among the party members filing the suit are Democratic Committee members Larry Maggi, chairman of the Washington County board of commissioners, former prothonotary Phyllis Ranko Matheny and Randy Barli, who has run many times for commissioner and state Legislature.
In the suit, Markinkovich claims “Vitteck has attempted to encumber, has spent funds wrongfully and has indebted the Democrat(ic) Party with obligations by spending funds and engaging third-party contractors in sums in excess of party limits of $500 and without proper and/or appropriate authorization by the party and in keeping with party by-laws.”
Marinkovich alleges Vitteck has kept two computers, monitors and printers; checkbook registers, monthly bank statements, canceled checks, deposit slips and receipts for a debit card he used while he was Democratic Party chairman, and minutes from meetings convened during his chairmanship that were not turned over to the party when his term as chairman ended two years ago this month.
Marinkovich and the 17 other Democratic Committee members claim they have unsuccessfully asked for the return of these items “and the present chairman refuses to discuss the matter in open meetings.”
The suit calls the items “essential to the party conducting an audit of … Vitteck’s time in office.”
Vitteck said Tuesday, “This is the first time I’ve heard about it. I have no idea what he’s talking about.”
The plaintiffs also claim Sicchitano “refuses to honor numerous requests of the plaintiffs in obtaining this property or conducting an audit.”
Sicchitano, who had not yet been served with a copy of the suit, said Wednesday, “Since it’s in pending litigation, I have no comment.”
Both he and Vitteck referred questions to attorney James Jeffries, who said, “I can’t comment on it until I see it.”
This round of infighting among the Democrats can be traced to an election in June 2006, when Vitteck and Marinkovich first faced off for the party chairmanship.
Wrangling between Marinkovich and Vitteck has gone to Commonwealth Court and Superior Court, which sent the matter back to Judge John DiSalle last year.
In a proceeding in January in Washington County Court, attorney Charles Kurowski, who represents Marinkovich, told DiSalle he and his client are questioning legal fees and accountants’ fees of about $8,000 that do not appear to have been approved, according to the minutes of Democratic Party meetings.
Kurowski told the judge he believes $6,000 has been paid to the accounting firm of Cypher and Cypher and $2,000 has been paid to attorney Jeffries. Marinkovich was formerly represented by attorney Patrick Smider.
“And the whole thrust of this case,” Kurowski said, according to an 18-page transcript,”the Democratic Party, through Mr. Vitteck, was that Mr. Marinkovich paid Mr. Smider money that was not authorized, and Mr. Marinkovich had to make up that money, and he made up $5,000 that is sitting in Mr. Jeffries’ account. So what’s good for the goose is good for the gander.
“We would like you to release that money, because they are doing the exact same thing from the minutes that we reviewed, making big expenditures, not getting the board or body to approve these expenditures as is mandated by the by-laws.”
Jeffries responded in the proceeding before DiSalle last winter that Marinkovich was “trying to put the toothpaste back in the tube” and the $5,000 in question is in an Interest on Lawyer Trust Account, or IOLTA.
Another proceeding took place in March.
In the suit filed Monday, Kurowski stated the earlier case being considered by DiSalle “is presently pending resolution.”