Feb 24, 2014 3 min read

Three Canonsburg Borough councilmen filed a petition in Washington County Court Friday alleging that appointments made during the council’s reorganization meeting last month were illegal.

Paul Sharkady, Tim Bilsky and John Severine appealed to District Attorney Gene Vittone to accept the quo warranto case, which challenges an individual’s right to hold office. If the case proceeds, the legality of seats held by council President John Bevec and Vice President Rich Russo would be called into question.

Bevec and Russo, who both fulfilled terms on council in 2013 and did not run for re-election, were appointed to fill council vacancies during the first meeting of the year Jan. 6. Newly elected councilman John Severine was not sworn in that night because he did not provide his affidavit of residency, which is required for all borough officials according to a 2012 state law. Sharkady also did not have his affidavit, but borough solicitor Patrick Derrico said it was not necessary because he was an incumbent.

Council members Sharkady, Bilsky, Fran Coleman and Joseph McGarry were split over vacancy appointments. Mayor Dave Rhome broke the tie and sided with Coleman and McGarry, who voted to appoint Russo and Bevec.

In the petition filed Friday, the three council members argued that Sharkady, in addition to Severine, should not have been sworn in that night.

“In the event that they were not allowed to be sworn in, there would have only been three council members sitting and therefore no quorum (four is needed),” read the petition.

The petitioners also allege the mayor is only permitted to cast a tie-breaking vote while electing officers, but cannot vote on vacancy appointments. They want a quo warranto action “to declare all actions of the council taken at the January 6, 2014, organization meeting void and require the Canonsburg Borough Council to reconvene and conduct a proper organizational meeting.”

William Bresnahan, the petitioners’ attorney, said quo warranto is the only civil jurisdiction case that the district attorney can handle.

“If he wants to prosecute and take charge of the case, he can do it,” Bresnahan said. “Most of the time, he’ll deny the prosecution, and then we’ll proceed civilly.”

Reached Monday morning, Vittone said he had not yet reviewed the petition. The matter was first brought to his attention Jan. 21. Sharkady said he and the other councilmen hired an attorney and filed the formal petition in order to expedite the process in case it is rejected by Vittone.

“If they don’t want to hear it, they can send it straight to Commonwealth Court, and that would be all right with us,” Sharkady said. “They either are going to reverse everything and get Bevec and Russo thrown off of council, or we’re going to have to appeal it – one way or another. We’re following through with it.”