Thursday, August 23, 2007

Union resident sues former township official

January 23, 2006

PAT LITOWITZ
plitowitz@ncnewsonline.com

Steve Galizia and Arwood Pinkerton Jr. agree two things happened Dec. 27.

Pinkerton went to the Union Township municipal building that morning to attend a special public session, and he left before the meeting started.

What took place in between is the subject of a lawsuit.

Pinkerton, who lives on Old Youngstown Road, filed suit Jan. 18 in Lawrence County's common pleas court against the former township supervisor. He claims Galizia refused him entry to the building and the meeting.

"He was never forced out of any meeting," Galizia said. "There was nothing ever said that he couldn't come into the meeting."

The session involved the purchase of a township dump truck and approval of minutes.

Although the pair have had a contentious past, it was an incident Dec. 20 that led to the disputed actions a week later. During a meeting on the township's property maintenance code, Galizia ordered Pinkerton to leave over an alleged obscene gesture.

"We have the right as supervisors to remove people for improper conduct," Galizia said. "I also have no right to be rude to anyone who comes into the building."

Pinkerton, a former Union school board member, said Galizia demanded an apology.

"He stopped me at the door," Pinkerton said of Galizia and the Dec. 27 meeting. "He said, 'Arwood, you're not permitted to attend my meeting. The only way you can come in is to give me a personal apology.'"

Pinkerton said he replied, "That will never happen."

Galizia said he recalled telling Pinkerton to mind his manners prior to the start of the Dec. 27 meeting.

He claimed he told Pinkerton, "You and nobody else would be permitted into our meeting if you cannot behave yourself."

Galizia said Pinkerton's response was, "I don't know if I can do that."

He said Pinkerton voluntarily left the building prior to the start of the meeting.

In addition to ruling that Galizia violated the state's Sunshine Act, Pinkerton wants the action taken at the Dec. 27 meeting to be voided and declared invalid. He also is seeking attorney's fees and costs.

"He abused his authority as township supervisor," Pinkerton's attorney, Joseph J. Kearney, wrote in the complaint.

Copyright (c) 2006, New Castle News

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