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Solictor: Monroeville mayor's vetoes overstep his authority

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By Kyle Lawson
Wednesday, April 10, 2013, 1:30 p.m.
 

Monroeville Solicitor Bruce Dice told Mayor Greg Erosenko that his recent attempt to veto an administrative action by municipal council is beyond the scope of his authority.

Erosenko tried to veto the salary and benefit package that council approved in March for municipal Manager Lynette McKinney. But according to Dice, the salary is protected by precedence.

McKinney's salary is fixed within a range previously unanimously adopted by council, and authorized by the mayor via his signature, Dice said at Tuesday's Monroeville Council meeting.

Erosenko also has spoken out against council's decision to move the supervisory responsibilities of the 511 tax office from elected Tax Collector Pat Fulkerson to McKinney. The move was in an effort by a majority of council to reduce municipal costs.

Fulkerson held two separate positions. He was elected to collect local real estate taxes, and he was supervisor of Act 511 tax collection, which is not an elected position. Act 511 taxes include business privilege and mercantile taxes.

Dice cited a section of the municipal home rule charter that states no elected official can also hold an administrative position within the municipality.

Erosenko said he is considering taking his veto to court and potentially use up to $2,500 from the municipal budget for legal expenses, which Dice said is permissible under the Pennsylvania Borough Code. There is no section in the home rule charter that addresses the legality of such an action.

Kyle Lawson is a staff writer for Trib Total Media. He can be reached at 412-856-7400, ext. 8755, or klawson@tribweb.com.

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