JAMES CITY — While the Highland Township Home Rule Charter is slated to be on the ballot in the November general election, a challenge has been issued by the Highland Township Supervisors which could keep the referendum question out of the hands of township voters in November.
In a letter received Sept. 6 by the Elk County Board of Voter Registration and Elections Office, township solicitor Timothy Bevevino of Swanson, Bevevino and Gilford, P.C. of Warren questioned the validity of the Home Rule Government Study Commission as “any recommendation of a six member commission is not valid pursuant to Pennsylvania Law.”
The letter notes on July 21, the commission appointed Judy Orzetti of James City to the vacancy left by the departure of Erin Vassallo. Vassallo took a job outside of the area and was never sworn into office after her election. Orzetti did not vote on the question as to whether or not to write the Charter on July 31 at the first public hearing. Bevevino claimed she finally filed the paperwork on Aug. 11 with township secretary Christy Reigel, but the oath of office was not signed.
Bevevino also challenged the validity of the election of commission vice president Lloyd Hulings. The solicitor said Hulings’ misdemeanor criminal conviction “prohibits him from serving on the government study commission” as an infamous crime conviction automatically disqualifies anyone from holding a public office.
Bevevino listed “felonies, a crimen falsi offense or a charge of falsehood that affects the public.” He said Hulings was “convicted of theft by unlawful taking by pleading guilty to the same.” Removing Hulings and Orzetti as valid government study commissioners leaves the board at five commissioner, which is “not valid under Pennsylvania Law and cannot legitimately be placed on the ballot.”
Bevevino concluded by stating, “As there are specific timing requirements as to when a referendum question can be challenged prior to its placement on the ballot, Highland Township is alerting you to this challenge and will be filing paperwork with the Court of Common Pleas to challenge this question. Should the board of elections ultimately decide to remove the question from the ballot pursuant to the reasoning contained in this letter, any court proceedings will be withdrawn immediately.”
Hulings pleaded guilty to charges of theft by unlawful taking-movable property from an incident in April 1998. His charges were changed from a third-degree felony to a first-degree misdemeanor and he was ordered to pay $4,903.50 in fees and restitution in August 1999.
However, Hulings also made the incident known in April when he along with five candidates — including two people from his own clan — were vying for the vacancy left by the death of former supervisor Paul Burton Jr., who died on Dec. 31, 2015. He came clean in front of Elk County President Judge Richard Masson during the proceedings.
The vacancy was filled by Hulings’ cousin, Glen Hulings, on April 22.
Chad Nicholson, Pennsylvania community organizer for the commission’s legal counsel, the Community Environmental Legal Defense Fund (CELDF), issued the following statement on Thursday: “This is yet another attempt by the Highland Township Board of Supervisors to undermine the people of Highland Township. After rescinding the only ordinance that would have prevented a frack wastewater injection well from threatening the water supplies of the people of Highland, the Highland Township Board of Supervisors has now threatened to sue to keep the people of Highland from voting on a Home Rule Charter that would provide those protections. The supervisors are using taxpayer resources, including the township’s own solicitor, to threaten to take away the ability of the people of Highland to cast a vote on this new charter.
“The threat to sue is based on false information, is designed to intimidate both citizens and the Board of Elections, and therefore constitutes just another effort to stop the people of Highland from protecting themselves. We fully expect the Elk County Board of Elections to therefore proceed to place the duly-drafted Home Rule Charter on the ballot for a vote by the people of Highland in November.
“This anti-democratic behavior by the supervisors, who have forgotten who they work for, just further illustrates why residents are pursuing home rule in the first place: So that the people of Highland have a voice and a vote when their elected officials betray them.”
The Elk County Board of Elections will meet at 11 a.m. Monday to decide on whether or not the referendum will be placed on the ballot for the November general election.
