RIDGWAY — The Elk County Board of Voter Registration and Elections stated they do not have the jurisdiction to disqualify the Highland Township Home Rule Charter from appearing on the ballot in the November general election, allowing the Charter to move forward — at least for now.
The board consists of the three Elk County Commissioners, Dan Freeburg, Jan Kemmer and Matt Quesenberry.
Kemmer told the crowd of 25 people, among them a video journalist from WTAJ-TV in Altoona, that she was “thrilled to see so many people interested in your local government.” However, she soon handed the floor over to county solicitor Tom Wagner to give more insight into the duties and the laws which govern the board.
Wagner acknowledged he received both the initial request to disqualify the Charter from the Highland Township Supervisors through their solicitor, Timothy Bevevino of Swanson, Bevevino and Gilford P.C. of Warren.
In a letter dated Sept. 1 to the board, Bevevino stated the Highland Township Home Rule Government Study Commission had two board members who should have been considered invalid. He stated commissioner Judy Orzetti “did not sign the oath of office that was filed with the township secretary,” while vice-president Lloyd Hulings was ineligible to hold office due to a first-degree misdemeanor charge of theft by unlawful taking stemming from an incident in 1998. Bevevino said the charge was one of crimen falsi and Lloyd Hulings is barred from holding public office.
However, government study commission legal counsel, Natalie Long of the Community Environmental Legal Defense Fund (CELDF) of Mercersburg, issued a rebuttal, stating Orzetti was sworn in on Aug. 4 at the Elk County Court of Common Pleas, and Lloyd Hulings’ misdemeanor charge was not one of crimen falsi, citing the case of the Commonwealth ex rel. Hazel v. Flannery, in which the ruling stated “had the framers of the Constitution wanted burglary, larceny and conspiracy included in the prohibition to hold office, they could have done so by the simple act of naming those crimes juast in they named embezzlement of public moneys, bribery and perjury.”
Wagner made the preliminary determination that asking the board to disqualify the Charter under Bevevino’s precepts would fall outside of the board’s jurisdiction.
When Wagner asked where counsel for both sides were, township Supervisor Glen Hulings indicated he was unsure as to where Bevevino was during the meeting. He said they were “going on (Bevevino’s) advice” when dealing with the matter.
However, Long and CELDF Pennsylvania community organizer Chad Nicholson did show up. Long based their position on Home Rule Code 2926, which states: “If the government study commission recommends that the question of adopting a Home Rule Charter or one of the optional plans of government authorized by this subpart shall be submitted to the electors, the municipal clerk or secretary shall, within five days thereafter, certify a copy of the commission’s report to the county board of elections, which shall cause the question of adoption or rejection to be placed upon the ballot or voting machines at the time as the commission specifies in its report.”
Long summed up the government study commission’s position succinctly.
“Our interpretation is in line with yours,” Long said.
Before the board adjourned into executive session, Wagner reiterated the board’s duties, and said any objections should be addressed by the Court of Common Pleas. After a short executive session, the county solicitor reaffirmed the board’s duties, and stated they have “no jurisdiction to consider the objections of the township supervisors,” and the board will not take any public comment over the objection. He said if the supervisors select to challenge the validity of the commission in the Court of Common Pleas, arguments both for and against the validity of the commission will be heard there.
Wagner also reminded everyone in attendance the board approval of the referendum question on the ballot is not an endorsement for either side of the issue when it comes to voting, either. Kemmer noted they cannot refuse to put the referendum on the ballot as long as procedure was followed correctly and the paperwork was done so in a timely manner.
Glen Hulings said the supervisors will move forward on the advice from their solicitor. Government study commission president John Guras thought the meeting “went well,” but is prepared to go to court over the Charter. Guras does not believe the supervisors’ points have merit.
The township supervisors will meet at 7 p.m. Wednesday.
