Cavanagh expresses frustration
For the second consecutive month, Michael Cavanagh of Uniontown expressed frustration to the Fayette County commissioners for his inability to obtain a copy of the Fayette County liability risk insurance policy. During public comment at Thursday’s monthly commission meeting, Cavanagh said the policy is public information to which he is entitled as a Fayette County citizen, adding that he has been requesting it for seven months and has not received it.
Solicitor Joseph E. Ferens Jr. responded by informing Cavanagh that because there is a lawsuit filed by Cavanagh, as an attorney Ferens is ethically bound not to discuss a lawsuit with a party to the lawsuit. “You can get any documents you want. Talk to your lawyer,” Ferens said. Ferens further alleged that Cavanagh is merely seeking publicity, and may already have a copy of the document he is requesting.
Cavanagh, who was convicted of auto insurance fraud, was allegedly assaulted and apprehended by Fayette County court employees while in West Virginia three years ago after his appeal was exhausted. He has sued the county and its employees in federal court, claiming that his civil rights were violated when he was picked up in West Virginia and whisked to Fayette County to begin serving a prison sentence.
Cavanagh questioned why he has to pay a lawyer to request what he can have for free. “I’m not here to discuss my cases. I don’t think you could produce a case that says I have less rights because I filed a lawsuit. I have been waiting seven months. This is criminal,” Cavanagh said, adding that he doubts if Ferens can produce case law supporting his position.
Commission Chairwoman Angela M. Zimmerlink said she believes Cavanagh is entitled to the document under the Pennsylvania Open Records law but said she is hesitant to provide it to him. She said although she believes Cavanagh is entitled to the documentation, a “red flag” for her is the fact that a lawsuit has been filed. Zimmerlink said it would be clearer to her if she had something in writing from Ferens that legally supported his opinion.
The commissioners also heard a complaint from landscaper George Stash III that he is still owed $1,242 for grass cutting services he performed last year at Jacobs Creek Park. Stash said he was contracted to perform 25 services, and had pay withheld by Fayette County Manager Warren Hughes because only five grass cuttings were performed in nine weeks. Stash disagreed with the calculations regarding how often the cutting was to occur.
Stash further alleged that this year Goodwill Industries was paid $1,700 before cutting any grass at all this year. “The problem is the county is wasting taxpayers dollars,” Stash said. “Goodwill is ripping the county off.”
Hughes responded that he believes everything has been handled properly. Zimmerlink said the commissioners must determine if any money is owned to Stash and if Goodwill is fulfilling its contract.