Gearing sues City Council member
A candidate for Uniontown City Council has filed a lawsuit seeking to have an appointed councilman removed from office because he is not qualified to serve on council. Gary Gearing filed the civil suit Friday in Fayette County Court against Councilman Philip J. Michael, who was appointed last month. Gearing’s suit argues that Michael is not qualified to serve on council because he lived in the city for less than a year before he was appointed. Michael said he moved into the city last October.
The suit cites sections of the Third Class City Code saying council members have to reside in the city in which they are seeking election for a year before they are elected.
Several residents, including Gearing, questioned the appointment, which council unanimously approved in a March 17 meeting.
Gearing said he would have preferred to file the suit against city council, but the law requires that the challenge be filed against the appointee.
“It looks like it’s personal, but it isn’t,” Gearing said.
He filed the suit before the council meeting Tuesday hoping it would force council to reconsider the appointment at the meeting, he said.
The suit also claims council exceeded its statutory authority by not limiting the term of appointment to the next municipal election, the appointment is illegal and Michael is unlawfully holding the office.
Council appointed Michael to serve the remainder of former councilman Marlin Sprouts Jr.’s term, which expires in 2011. However, the Fayette County Election Bureau ruled that Michael could only serve in Sprouts’ seat until the end of the year and an election must be held for the seat in the November general election.
Gearing’s suit also seeks reimbursement for the cost of bringing the case. Pittsburgh attorney Ryan G. Lemke filed the suit on Gearing’s behalf.
On Friday, Michael called the suit a political stunt.
“There will be an election in November. I hope, as a taxpayer, that the people see through this stunt. That’s all this is, someone grandstanding,” Michael said. “There’s a lot of important business before the city. I’ve always tried to be part of the solution, not the problem.”
Mayor Ed Fike said the law is “foggy” when it comes to appointments, but council would adhere to the law and Michael might have to resign.
“It’s a sad day when a man with his qualifications and who is a taxpayer would have to step down. I regret that he has to be put through this. We’re not going to put the city through any more hardship than they’ve already had. We’re committed to doing the right thing, whatever the law prescribes,” Fike said.
A representative of the state Department of Community and Economic Development, which looked into the matter, said election laws do not address the qualifications of council appointees and it might be up to the courts to resolve that issue.
Sprouts resigned at the March 17 meeting shortly after he was sentenced to probation for his role in a mortgage fraud scheme.