The Tribune Democrat, Johnstown, PA

Local News

December 2, 2008

Authority seeking clarification on councilman’s pay

EBENSBURG — Greater Johnstown Water Authority (GJWA) is seeking clarification from county court on whether an authority member who also is a borough councilman may receive a stipend for attending authority meetings.

Solicitors for the authority and Southmont Borough Council have given differing opinions on the issue.

It’s a technical, legal issue raising the question of whether the Borough Code, which consists of state laws governing boroughs, prohibits a Borough Council member from receiving compensation as an authority member.

William Barbin, the authority’s solicitor, has petitioned the county court to issue a declaratory judgment on interpreting the law and court rulings on the issue.

Because of questions raised by Southmont, Councilman Kevin Pile has declined to accept the stipend of $25 for each public meeting and $10 for committee meetings.

Southmont Solicitor Dan Lovette said that it’s his opinion that council members are permitted to serve on authorities, including a joint authority such as the GJWA, but they cannot accept compensation for serving on those authorities.

Barbin, however, said that because GJWA was not created by the borough, a borough councilman may receive the stipend as authorities by both Southmont and Westmont Boroughs. The GJWA was formed by the two boroughs and by the city of Johnstown.

The stipends apparently have been accepted by authority members Frank Bononnno and Don Hall, both Westmont councilman, and William Cartensen, a Southmont councilman.

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