Westmoreland County's District Attorney has decided not to file any charges against four North Huntingdon Township commissioners accused of violating the Sunshine Act.
Commissioner Rich Gray previously had requested that District Attorney John Peck investigate the actions of commissioners David Herold, Donald Austin, Angelo Furlin and Anthony Martino during the lead up to the resignation of former township manager Kelly Wolfe.
In a letter sent to Gray, Peck said his office had conducted an investigation, but the results of that investigation did not merit charges.
"Although there has been an allegation of a violation of the Sunshine Act, there is no evidence to support such a claim," Peck said. "Since a conviction is clearly unattainable based on the evidence in this manner, I respectfully decline to pursue the alleged violation."
Peck said during the course of the investigation detectives interviewed all four of the commissioners. "The commissioners were adamant in their denials and their statements appear credible that they did not discuss at any prearranged meeting the removal of township manager Kelly Wolfe," he said.
Martino described Peck's decision as "a day of vindication" for the four commissioners.
"District Attorney Peck found no evidence on which to base a prosecution because no wrong-doing took place. The Sunshine Act was not violated," said Martino in an e-mail.
"After having been publicly demeaned, slandered and falsely accused, the people of North Huntingdon Township now know that their elected officials did nothing wrong," Martino said.
Herold said Peck's decision confirmed what the four commissioners had said from the beginning.
"We said all along that there was no wrongdoing," Herold said.
Gray however, said despite the decision he described as disappointing, he still believed a violation had occurred.
"I disagree obviously, with the outcome. I'm not convinced that (Peck) looked at all of the evidence. And therefore I'm going to try to provide more to him."
"Right now I'm kind of examining the letter in detail and preparing a formal response," Gray said.
Commissioner Lee Moffatt said he too was disappointed with the decision, but he did not think anything else could be done about the matter.
A Sunshine Act violation is very hard to prove in the first place, he said.
"As far as I know there's really no one you can turn to in this situation."
Moffatt said even if the Sunshine Act had not been violated, he still thinks Wolfe's resignation and the severance package the township granted her were mistakes.
"Just because the D.A. chose not to pursue the case does not change the fact that they gave $94,000 to Kelly Wolfe to leave the township," he said.
Martino said in the wake of Peck's decision, the board needs to move forward and focus on working together.
"The public remarks made by some members of this board have led to dissention in what should be a cohesive team working for the good of North Huntingdon Township. It is giving a black eye to this township," he said.
"This board and this township face many challenges in the upcoming years. We do not have time for personal agendas, backstabbing or pettiness. We need to move on and serve this community as the voters expect us to do and as we have sworn to do."