Uniontown treasurer asks for stay in civil suit
Uniontown Treasurer Antoinette Hodge wants a federal judge to stay a suit she filed against the city, in part because she believes that she is the subject of a grand jury investigation.
Hodge’s attorney Joel Sansone filed the motion on Friday asking for the civil case to be delayed.
“A grand jury has been initiated which implicates the underlying facts of this (suit). Moreover, (Hodge) provided testimony before the grand jury and believes she is the subject of the grand jury investigation,” Sansone wrote.
Sansone’s motion for a stay also noted that earlier this month, city council asked Hodge to provide more information about the findings of a forensic audit which showed $106,750 in tax payments were missing.
The audit, completed by Cypher & Cypher of Canonsburg, found that some tax payments made in cash in 2020 and 2021 were not taken to the bank and deposited. The audit also detailed discrepancies about who was responsible for counting cash tax payments and preparing deposit slips for the money.
Hodge sued the city and some officials in 2021. Among the claims she made were that her concerns were dismissed when she reported system errors and data breach issues in the city’s tax software, and that she believes someone accessed data and changed information to try and accuse her of misconduct.
The suit also contended that Hodge has been subjected to “unjustifiable scrutiny” because she is Black, and in retaliation for a prior lawsuit she filed against city officials. In that since-settled suit, filed in 2020, Hodge claimed some officials conspired to stop her from taking office by interfering with her ability to be bonded, a requirement for the treasurer’s post.
Sansone’s motion to delay the pending lawsuit indicated that when a plaintiff or witness in a civil matter faces criminal charges, a district court has the discretion to stay discovery until the disposition of the criminal matter. Discovery is the exchange of information between both sides, which could include depositions.
“It is still possible to obtain a stay even though an indictment or information has not yet been returned,” wrote Sansone, who did not respond to a request for comment on Monday.
The motion did not indicate who convened the grand jury or where proceedings are being conducted, and no charges have been filed against Hodge.
Charles H. Saul, an attorney for the city, opposes the stay, according to the filing. An order from U.S. District Court Judge J. Nicholas Ranjan gave Saul until Thursday to file a response to the motion.