Connellsville not yet incurring fees from lawsuit
CONELLSVILLE – The city has yet to incur any fees for legal bills in connection with a recent lawsuit, but officials have pledged to take public action when the invoices begin to arrive at city hall. City Treasurer Judy Keller posed the question to Mayor Judy Reed and council members David McIntire and Terry Bodes last week as to how the city would pay for the anticipated legal costs associated with the breach of contract lawsuit filed in May by Ritenour and Sons Construction Co. against the three officials.
The suit claims that Reed, McIntire and Bodes disregarded an earlier council-approved contract with the Connellsville firm and hired a second firm to demolish the former Comfort Corner Shoe Store.
“How are you going to plan to pay for the legal fees?” asked Keller when it was revealed by the agenda that no official action was slated by those present at the meeting. “When somebody needs to buy a police car or we need to buy a riding lawnmower or we need to buy a piece of playground equipment or any other expense, we always have to lay it out on the table as to where the money (to make the purchase) is going to come from. If we are going to pave roads, we have to say it is going to come from (the) Liquid Fuels (account). You are in a legal battle and you’re going to have legal bills to pay; where is (the money) going to come from?”
McIntire responded that Keller’s question was moot, as the city has not received any invoices tied to the litigation.
“We haven’t requested any legal fees (be paid),” said McIntire. “You are asking a question that can’t be answered.
“Whenever there are, we’ll bring them and vote on it.”
Although council has met in executive session for legal matters during the meetings held in June and July, it has yet to take public action to hire an attorney or expand the services of city solicitor Gretchen Mundorff for the pending court proceedings or preparation of documents.
Penn Prime, the city’s insurance carrier has notified the officials that it will not provide a legal defense for the three in the breach of contract lawsuit, nor pay for any associated settlement or other fees in the litigation.
The city response to the lawsuit filed with Fayette County Court of Common Pleas on June 1 only noted the signatures of the three and did not denote who had prepared the 25-page document or list a counsel of record.
Ritenour is seeking $21,666.36 in damages along with attorney fees and costs.
The three have declined to publicly comment about the action, however, during the recent council meeting Reed acknowledged the lawsuit had been served and action was being taken by the city.
“Rest assured, it is getting handled,” said Reed. “I want the public to know that there is a lot of misinformation out there and it is very unfortunate, but I cannot comment on it. I would very much love to say a few things, but in the best interest of the city, I should not discuss it.” In addition to being sued in their official capacity, they are being sued as individuals.
in the lawsuit.