Davis requests council to hold off on removal of Redevelopment Authority board members
Erie County Executive Brenton Davis was hoping to replace three board members of the Erie County Redevelopment Authority, a body empowered by state law to be independent and removed from political influence.
However, as of Monday evening, Davis may be backing down — for now.
In a statement, Davis requested County Council Chairman Brian Shank take no action on a resolution Tuesday calling for the removal of authority board Chairwoman Kate Philips, Secretary William DeLuca and Treasurer Laith Wardi.
Davis said the decision came after the board members sent him a letter questioning the legality of their removal. Davis said further actions by his administration are "pending legal research."
Board members respond:Members respond after Davis asks for Redevelopment Authority board resignations
County Council will still see the resolution on Tuesday's agenda but will have the option to remove or table it, said County Clerk Julie Slomski.
Council members will also see the names of three replacement nominees — one of whom, a Davis campaign donor — on the agenda. Council can remove these appointments as well.
In an attempt to justify his actions, Davis, in his statement, said asking for resignations has been a common practice since former County Executive Judy Lynch. He also voiced concerns about the Redevelopment Authority "extending its development activities into financially risky areas."
"The Erie County landscape is littered with overreaching failures by authorities including the loss of Knowledge Park property, the former Lord site on 12th and Greengarden Boulevard, the proposed juice plant in the former Koehler Brewery, the Mercantile Building at 14th and State and the loss of $3 million in unsecured county funds,” Davis stated.
While Davis has sought to create an authority that's more compliant with his economic development priorities, and has cited a section of the Home Rule Charter that gives him the power to remove members of authorities with the consent of County Council, his actions may not stand up in court.
Is it legal?
"The county executive can do whatever he wants — however, it will be illegal," said County Council Solicitor Tom Talarico.
Talarico said the Redevelopment Authority is empowered by a state statute known as the Pennsylvania Urban Redevelopment Law of 1945, and that two state Supreme Court cases interpreting that statute determined a political leader could not remove members of a redevelopment authority prematurely without cause.
While Davis — in a statement Friday — cited Article 3, Section 5, of the Home Rule Charter, which states he can appoint and remove members of county authorities with the consent of County Council, Talarico said the state statute supersedes it.
"There are some instances in which the Home Rule Charter would prevail over a state statute," Talarico said. "But in this instance, it would be my opinion that the Urban Redevelopment Law applies across the commonwealth such that everybody has to follow it. Clearly, the state law prevails and it has to be followed."
A similar event occurred in 2006, when then-Erie County Executive Mark DiVecchio attempted to fire three of the authority's board members and replace its executive director, Rick Novotny.
The three members — Michael Martin, Susan Breon and Jeffrey Spaulding — filed a lawsuit against the county, arguing they couldn't be fired because their terms had not expired, they had done nothing improper or illegal and they occupied an independent body. DiVecchio later backed down.
County Assistant Solicitor John Brautigam, who is providing Davis with legal advice on the matter, declined to comment to the Erie Times-News on Monday, citing attorney-client privilege.
County Director of Administration Doug Smith said he had no legal concerns about the moves, saying "all that's being done here is (Davis) requested their resignation — and there's certainly nothing illegal about that."
Ready for a vote?
In addition to the resolution to remove board members Philips, DeLuca and Wardi, County Council will also see three separate appointments to replace them:
Charles "Boo" Hagerty, chief development officer of the Hamot Health Foundation
Timothy McCormick, president of McCormick Structural Systems in Erie
David Knapp, owner and general manager of Chrysler Dodge Jeep Ram in Corry
Knapp gave more than $5,000 in campaign contributions to Davis, according to Erie County election financial reports.
While the meeting agenda was published Friday, Talarico voiced concern the new resolution and appointments never passed through a council finance or personnel meeting, where a consensus of members add items to the agenda.
Slomski told the Erie Times-News that Shank requested the items be added to the agenda. Talarico said individual members of council cannot unilaterally add or subtract from the agenda without the concurrence of council at a public meeting.
Regarding the appointments, Talarico said the county executive must provide written notice to County Council at least one month in advance of any vacancy, removal or expiration of a member’s term.
"Prior to the approval of any appointment, County Council shall have the name and qualifications of the prospective appointee, together with the opportunity to interview and question the proposed appointee prior to confirmation at a duly scheduled public meeting," he added.
Shank could not be reached for comment Monday.
County Council will meet Tuesday at 6 p.m. at the Erie County Courthouse.
A.J. Rao can be reached at arao@gannett.com. Follow him on Twitter @ETNRao
This article originally appeared on Erie Times-News: Brenton Davis holds fast on removal of Redevelopment Authority Board members
