City, treasurer have 10 days to settle dispute
BULLSKIN TWP. – A district justice has given the legal counsel for the city of Connellsville and the city treasurer 10 days to resolve a dispute regarding the submission of financial reports from the treasurer’s office to city officials. In April, the city council directed its solicitor to file a civil action against treasurer Arthur J. Cappella Jr. for failing to file monthly financial reports to Councilwoman Judy Keller, director of accounts and finance.
A hearing in the matter was scheduled Thursday before District Justice Robert Breakiron but was delayed when the two sides agreed to continue discussions that could lead to a joint agreement.
“We have agreed to work on some resolution to this,” city solicitor Joseph Ferens said after a 45-minute closed-door session. “We’re trying to find the best way to make it happen.
“The court has continued (the scheduled hearing for) 10 days to give (attorney James E. Higinbotham) and myself the ability to do some research on how to resolve this as expeditiously and legally as possible.”
According to documentation filed by the city, the state Local Tax Collection Law mandates that Cappella, in his capacity as treasurer, provide a monthly report detailing all taxes collected for the month on a designated form provided by the state Department of Community and Economic Development, in addition to a monthly bank reconciliation. If he does not submit the report, the council can fine Cappella $10 for each day the report is not submitted. The city is seeking $3,500 in fines.
When questioned if the agreement would include Cappella’s filing the reports, Higinbotham indicated that discussions were still in the early stages.
“We’ve come to some understanding as to how this matter will be resolved, (but) the methodology of how that will occur is something attorney Ferens and I will have to work on,” he said.
Ferens said Breakiron will review any agreement made between the two sides before ruling in the matter.
Cappella has served as city treasurer since 1996. His term of office expires in December.