Court won't suspend removal of Shenango authority board member

Apr. 16—Crawford County Court of Common Pleas has denied a motion to suspend the court-ordered removal of a member of the North and South Shenango Joint Municipal Authority's board of directors.

The denial of a stay, or suspension, issued this week by Senior Judge William Cunningham has removed John Tucker from the authority's board.

Tucker was one of three South Shenango Township representatives on the board and served as its vice president. His current five-year term was due to expire at the end of this year.

On Feb. 8, Cunningham issued an order removing Tucker for fiscal mismanagement and abuse of public trust for Tucker's part in some authority members spending more than $100,000 on travel expenses to conferences from 2015 through 2019.

The order said Tucker was to be removed from his seat effective March 11 — 31 days from Cunningham's Feb. 8 order date. The delay was to allow the required 30 days for any appeal to be filed.

Last month, Tucker's attorney, Charles Pascal Jr., filed a motion with county court for a stay, or suspension, of Tucker's removal while Pascal appealed Tucker's case to Pennsylvania Superior Court. Superior Court has not issued a ruling on the appeal.

In denying the stay Monday, Cunningham ruled Tucker failed to file a post-trial motion with county court within 10 days as required under Pennsylvania's rules for civil court matters. The motion is to give the court notice so it can address any alleged errors.

By not filing within the 10-day period, Tucker has waived all appeal issues, Cunningham ruled.

Cunningham also ruled Tucker isn't harmed by denying the stay, but the authority would be if it was granted.

"A stay also means the Authority will be stuck with a member who over a five-year period assisted in the financial mismanagement of the Authority," Cunningham wrote in part. "To grant a stay harms the Petitioners (township supervisors) from appointing a capable replacement who can exercise ethical behavior in the performance of the Authority's business."

In the separate Rule 1925(a) Opinion — a written opinion by Cunningham his ruling for the appeals court — the judge was blunt.

"If graft is defined as a form of corruption when public funds are intentionally misdirected for private, personal and non-public uses, then what Respondent (Tucker) was involved in was a form of graft."

On Jan. 21, there was an all-day non-jury civil trial before Cunningham on members' lavish spending at conferences — particularly the annual Water Environment Federation ones.

In October 2020, South Shenango Township Board of Supervisors petitioned county court to remove Tucker from the board for Tucker's role in spending a total of $106,640.65 on 10 twice-yearly conferences from 2015 through 2019. Annual conferences were held either in Chicago or New Orleans by the Water Environment Federation and at various locations in Pennsylvania by the Pennsylvania Municipal Authorities Association.

Supervisors claimed that during the five-year period meals totaling hundreds of dollars at a time, and bar bills, bicycle rentals and even pedicures, were charged to the authority. Supervisors claimed the expenses covered a spouse or guest who went to the conferences.

In March of this year, South Shenango's supervisors appointed Danean Jordan, another South Shenango Township resident, to replace Tucker, pending Cunningham's ruling on the stay.

With Cunningham's denial of the stay to remove Tucker, Jordan's appointment became effective at the authority's April meeting held Wednesday.

Keith Gushard can be reached at 724-6370 or by email at kgushard@meadvilletribune.com.