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Published on YourNorwin.com (http://www.yournorwin.com)

Board violated Sunshine Act, Gray charges

By yournorwin
Created May 1 2008 - 12:00am

A North Huntingdon township commissioner has filed a complaint with the Westmore-land County District Attorney, accusing other commissioners of violating the Sunshine Act.

Rich Gray filed the complaint, which argues the actions of David Herold, Donald Austin, Angelo Furlin and Anthony Martino leading up to the resignation of former township manager Kelly Wolfe violated the act.

Wolfe resigned in February and was given a $94,000 severance package. Gray, along with commissioners Fred Patter and Lee Moffatt, voted against the resignation and package.

In a written statement given to the Norwin Star, Gray said the decision to ask Wolfe to leave and offer the severance pay "was decided and acted upon prior to any meeting or discussion by the full seven member board of commissioners."

He went on to argue that "following witness accounts, documents and events to their logical conclusion, a reasonable person must agree beyond a doubt that the spirit and intent of the Sunshine Law was violated."

District Attorney John Peck's office confirmed that they had received the complaint, which Gray filed in February. Frank Galellie, a Westmoreland County detective, spoke with many of the people involved and he said he turned his findings over to Peck.

A spokesperson at Peck's office said no charges had been filed against the four commissioners, and the district attorney was still investigating the matter.

Herold, Austin, Furlin and Martino did not respond to calls for comment.

Pennsylvania's Sunshine Act states that "official action and deliberations by a quorum of the members of an agency shall take place at a meeting open to the public," with limited exceptions.

In an interview, Gray said when he filed the complaint he had intended to keep quiet about the matter, but he was dismayed that no charges had been filed yet.

He also said he wanted people to know what was happening.

"Obviously the citizens are upset about it," he said. "I felt a lot of responsibility because I had all of that information and I really know what happened.

"I don't know what else there is to do. I can't fight what I believe is a corruption battle on my own."

Residents had previously questioned Wolfe's resignation and the severance package at public meetings, although comment by the commissioners was cut short on the advice of their solicitor, Chelsea Dice.

Dice told the commissioners that a confidentiality clause in the severance agreement prevented commissioners from discussing the package or the reasons it was given.

"It crossed my mind of course," said Gray about the clause. But he said he did not think it applied to the process by which the decision to give the severance package was made, and he felt compelled to speak out about it.

"I just disagree with what happened so adamantly," said Gray.

Gray said part of his motivation in filing the complaint was a hope to nullify the severance package given to Wolfe. Gray said the Sunshine Act states that decisions made in secret by elected officials can be reversed by the courts.

"What I'd like to see happen is have the whole thing overturned," he said.


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