Connellsville council files civil suit against treasurer
CONNELLSVILLE – The city took legal action Wednesday to collect late fees from its elected treasurer for his alleged failure to supply monthly reports on taxes collected. In the civil complaint, Arthur J. Cappella is accused of failing to provide the monthly reports on forms provided by the state Department of Community and Economic Development (DCED) to the director of accounts and finance for January 2002 through March 10, 2003.
The city is seeking $3,500 in fees, according to the documentation filed by city solicitor Joseph Ferens with District Justice Ronald Haggerty.
In October, council directed Ferens to draft the lawsuit, but it was not until Tuesday when, according to Mayor Judy Reed, Cappella failed to submit a monthly financial report for the regularly scheduled council meeting and the panel gave the go-ahead for the filing with Haggerty’s office.
“It is not something that we wanted to do, but trying to reason with him, sending letters concerning the matter and having Mr. Ferens intercede on our behalf has not worked,” said Councilwoman Judy Keller, who oversees the city finances.
According to Keller, Cappella is required by the Local Tax Collection Law to submit monthly reports listing all real estate and per capita taxes collected for the city, the payees name and amount submitted and reconciliation of the received taxes.
The required form is provided by the DCED.
Keller said that the city previously secured the forms and turned them over to Cappella for his use, but she has not received any of the completed documents since she was named as accounts and finance director in 2000.
The law, according to Keller, provides for daily fines to be assessed if the reports are not filed by the 10th of each month by the treasurer.
Cappella was first elected to the city office in 1996 and re-elected in 2000. He has opted not to seek a third term in office.
Keller, meanwhile, is running unopposed for the city treasurer’s position in the upcoming May primary election.
Cappella could not be reached for comment regarding the filing of the civil suit.
A hearing before Haggerty will be scheduled in the matter.