Published: June 15, 2009 09:30 pm      

Council members on authority can be compensated

EBENSBURG — Council members of Southmont, Westmont and the city of Johnstown who serve on the Greater Johnstown Water Authority are entitled to compensation for attending authority meetings, Senior Judge Thomas Swope has ruled.

The issue arose this year when Southmont Councilman Kevin Pile – an appointed member of the authority – declined to accept the $25 stipend for each public meeting and $10 for committee meetings.

Southmont Solicitor Dan Lovette said that under the Borough Code, a councilman could serve, but could not be compensated for serving on the authority.

But authority Solicitor William Barbin disagreed and petitioned the court for an interpretation of state law on the issue.

Swope, in a seven-page ruling handed down June 9, agreed with Barbin that an authority is an independent body and that state law does not bar a council member serving or receiving the compensation.

Although the issue was raised on compensation for borough council members, Swope took the added step of applying it for Johnstown City Council members in the interests “of judicial economy.”

Neither the Third Class City Code nor the city’s Home Rule Charter prohibits City Council members from serving on the authority, and because it’s not an incompatible office, they may also receive the compensation, the judge said.

In addition to Pile, four of the 11 water authority members serve on councils. They are Westmont Councilmen Don Hall and Frank Bononno and city Councilmen Anthony Pinizzotto and Nunzio Johncola.