Jul. 27—Robert "Stuffy" Forish said he intends to continue serving on Latrobe Council while he defends theft charges relating to his previous role as treasurer of the city fire department's Goodwill Hose Company.

"The people voted me in," Forish, 58, told the Tribune-Review prior to council's Monday agenda session. He added that the charges have "nothing to do with council" but declined any other comment before consulting with his attorney.

Forish's Greensburg attorney, Jason Huska, would say only that his client is looking forward to his day in court.

According to city Solicitor John Greiner, Latrobe officials will have to wait for a disposition of the charges filed by Westmoreland County detectives against Forish before learning if his status as a councilman will be affected.

Forish and Fabian Giovannagelo, 65, a former councilman and firefighter, each face third-degree felony charges of theft and theft by deception, as well as misapplication of entrusted property, which is a second-degree misdemeanor.

They are accused of using fire department funds, without authorization, to pay for a pending federal lawsuit filed Aug. 14 against the fire company, Chief John Brasile, President Charles McDowell Jr., Latrobe Mayor Rosie Wolford and the city. The suit, filed by Fabian Giovannagelo, Christopher Blessing, Nico Giovannagelo, Cody Giovannagelo and Ryan Jones, alleges Brasile, McDowell and the city conspired to unlawfully expel the plaintiffs from the city fire department for exercising their First Amendment right to criticize Brasile's leadership.

In complaints filed in the criminal case, county Detective Randy Gardner alleges Forish and Fabian Giovannagelo co-signed three checks that totaled $21,000 to cover fees due Frederick E. Charles, an Allentown attorney representing the plaintiffs in the federal suit. Charles provided documents to Gardner in the monthslong investigation regarding the checks, according to court papers.

Brasile said the funds were discovered missing during an audit and has called the related criminal case "a day of redemption and vindication for myself as chief and for the whole Latrobe Fire Department."

Gardner said the investigation is continuing.

Forish and Fabian Giovannagelo face Aug. 2 hearings on the theft-related charges, after each was arraigned and released on $25,000 unsecured bond. Giovannagelo declined to comment as he left the July 20 arraignment.

Huska said he planned to request a continuance of the hearing because of a scheduling conflict.

Greiner said the city is awaiting a response to motions filed to dismiss the federal suit.

He indicated a person would be ineligible to serve on city council if found guilty of an "infamous crime" such as a felony charge, forgery, bribery or other type of crime of dishonesty.

Latrobe's home rule charter states that a council member may be removed from office upon the conviction of a felony charge.

Jeff Himler is a Tribune-Review staff writer. You can contact Jeff at 724-836-6622, jhimler@triblive.com or via Twitter .