Commonwealth Court of Pennsylvania Denies Appeals By Sheriff David & Deputies

Beaver County Sheriff George David

Beaver County Sheriff George David / photo by John Paul

The Commonwealth Court of Pennsylvania has denied an appeal by Beaver County Sheriff George David and the Deputy Sheriffs’ Association, upholding a preliminary junction issued by Senior Erie County Judge John Bozza preventing the Sheriff’s Office from performing private security services for outside organizations.

It was the first time the Commonwealth Court has ever had to weigh in on the issue of Deputies performing security work for private corporations.

“Upon review, we conclude that reasonable grounds exist to support the trial court’s issuance of the preliminary injunction in this case,” wrote Judge Cohn Jubelirer in an opinion on behalf of a majority of the Commonwealth Court, “the County is likely to prevail on the issue of whether the conduct to be restrained, the Sheriff Department’s assignment of the extra duty work assignments to the deputy sheriffs, violates [the law's] prohibition against providing official services to any person, association or corporation.”

“We conclude that the injunction is reasonably suited to abate the offending conduct and it does not adversely affect the public interest,” continued Judge Jubelirer. “Given the costs of overtime, workers’ compensation, and pension issues, a greater injury to County taxpayers would result from the refusal of the injunction.”

Assistant County Solicitor Bernie Rabik, who argued the case on behalf of the Board of Commissioners, said the ruling was a good one for county taxpayers.

“It’s a poignant application of the law to the facts, that’s what this opinion is all about,” said Rabik. “It’s about applying the law to the actions of the Sheriff and Deputy Sheriffs. The law here is very clear, the court found that the law is clear, and decided against the Sheriff accordingly.”

After an investigative report by the Beaver Countian in August of 2012, County Commissioners filed a lawsuit against Sheriff David attempting to stop him from having his Deputies perform private security services for outside entities, which Judge Bozza subsequently deemed was a violation of state law. A preliminary audit then conducted by the County Controller David Rossi’s Office showed David had been underbilling for those services, costing taxpayers nearly $100,000 in the form of de facto subsidies to private businesses.

Judge Bozza issued a preliminary injunction against Sheriff David and his Deputies, directing them to cease and desist from performing the private security services. “The Sheriff and deputy sheriffs Beaver County shall refrain from performing, directly or indirectly, any official services or official duties for any person, association or corporation, during a period of official service as a sheriff or sheriff’s deputy,” read Judge Bozza’s order.

Sheriff David and the Deputy Sheriffs’ Association appealed Judge Bozza’s ruling, which lead to today’s verdict by the Commonwealth Court of Pennsylvania.

Commissioners have alleged that Sheriff George David has continued to order his Deputies to perform security services for private corporations, in direct violation of the preliminary injunction issued against him by the court.

Sheriff David’s apparent violation of Judge Bozza’s order was first exposed by yet another investigative report published by the Beaver Countian back in October. Confidential sources within the Sheriff’s Office had provided this publication with a copy of internal departmental directives, revealing David had still been ordering security patrols for corporate properties owned by local real estate tycoon CJ Betters.

A hearing to determine if Sheriff George David and the Deputy Sheriffs’ Association should be found in contempt of court has been scheduled before Judge Bozza on January 13th.

Note: In the interest of full disclosure, this reporter is a named victim in criminal charges filed against Sheriff George David by the Pennsylvania State Police.

 

16 comments

  1. tick-tock-tick-tock………boom! First volley-DIRECT HIT!

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  2. I guess that David’s attorney, John Havey, by excusing himself from representing him gives David an excuse to have his court proceedings continued. Just another delay for the “TEFLON” sheriff.

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  3. Lots of venom here.  Lots of political vendetta B.S.  Lots of hard feelings being vented from times past.  The same God that hears your petitions and prayers also hears his.  Only God knows what is in a man’s heart and only God can be the judge of a man’s sins.   Your caustic comments condemn yourselves.   Let the law preside and move on.  Pray that you may not be put to the test.  May God bless all who have commented here and may all of you find healing and peace in your hearts.   All who read this will have to face their maker some day, some sooner than others.  Pray for each other and move on, seek forgiveness for yourselves and your own sins.  Remove the log from your own eye before you seek to remove a speck from someone else.  Peace and Goodness to all.

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    • Yes, Bob Hamilton, lots of venom. Justifiable venom. But no political vendetta.  And no God-less behavior, unless it is about George David, who is working his way through a devastation of the Ten Commandments. Your auto-da-fe attack on the commentors belongs in the annals of the Inquisition.  Those grandfatherly, upwardly beseeching, bloodshot eyes betray the real nature of the guy. If Dante were alive, he would find Charon to guide him through the River Styx halls of the courthouse into the Hades of the Sheriff’s Office.  If you wish to save souls and offer redemption, start with the man in the above picture. Grab the cross behind him and shove it up his arrogant nose for him to take notice of it, for he clearly does not know its place or purpose. 

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  4. Well they are trying to hang chief david so bad , I hope they hang the ACTUAL criminal david hanshe who was caught red handed with all kinds of stolen items in his possession, beating up his girlfriend constantly , doing drugs like its allowed while on bond and probation , but nothing will probably be done with that real criminal !oh did I mention selling drugs out of his house ? driving an illegal car and with no license , having 4 adults and two small children living in the house that only has two bedrooms . How is this guy able to live completely illegal under supervision at that and nothing gets done ? a REAL CRiminal …Whats up with that ? I guess if you get busted being a thief and woman beater , your allowed to be a drug dealer on bond ,and probation, aparently the nb pd doesnt mind that he drives that junk car around , probation doesnt care what he does , attorney generals office is willing to let charges go so he does no time , so why bother chief david when he actually served and did some good of being an officer of the law. people like hanshe make assholes out of the law enforcement , but they must love it ! ON^LY in beaver county !!!!

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  5. May this all come to an end soon. AND a reminder to everyone out there, if you don’t pay the price here on earth, The One Great Scorer will take care of it in your second life.

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  6. They should let the sheriff do his job. he has done a great job since he has been in office.

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    • A great sheriff cares about his reputation and his community.  He has integrity and honor.  He is not an illiterate dictator-wannabe. He does not adhere to ethnic ties when making decisions. He is not derisive to women.  He would have no reason to be in court to plead the fifth. Please explain why you think David does such a fine job. 

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  7. HE’S DOING THE SAME OLD THING AS OF RIGHT NOW!!! IN QUIP & HOPEWELL!!! DRUG DEALERS &CRACKHEADS PLAYING LIKE THEY ARE 5 – 0 BiG LAUGH!!!!!

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  8. enough already

    Did you ever read the law on this it also states Police Depts. can not do private security work also. there are many depts. doing that. Center township pd. is the one that picked up the security detail at the movie theater and no one is complaining its in violation of law.

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    • Well if discussed any further it becomes Impossible to do any David-Bashing !!! …….and then where would all the interest be ??? 

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      • George David is no sacrificial lamb, and this is not bashing. Look at the links in the articles for an in- depth understanding of this now historic problem. The corruption is wide and deep in Beaver County, and he is only the most visible for the moment.  If he went to jail today, the people making the news here would last well into the future — a guarantee for full employment at the Beaver Countian. It’s only a matter of peeling the layers away, and some of those are more worrisome than the misbehavior of the Sheriff.  He could not do what he has done without their support. Some political problems in surrounding communities are but linking parts of the same chain. Watch where Sainovich and Havey show up — admittedly a slight exaggeration — and where the leads grow cold because of inaction or obstruction, and you can almost be guaranteed that there is a connection that leads back to the court house. They, my friend, are all in bed together, and they are gradually starting to roll over. Bashing George David would be kind. Putting him and his cronies in jail is the main goal. Don’t mistake this comment section for the meat of the article, but take some of the comments seriously, because they help reveal the foundations of the problems, problems festering for years until now. Even in the corruption days of Sheriff John Hinemann, the problems were less organized and widespread.  For those of us who know the history and want the criminals out, this publication’s efforts are a refreshing method of getting to the root of it all. Welcome to the Organized Crime Exposure of Beaver County.  

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    • If one cant DAVID-BASH in an article then there’s really no Point in talking about it ……

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      • Ask yourself some questions, quiptown72.  Where are the rebuttals, the retractions, the op-eds, the corrections, the public interviews, the legal suits, the apologies, the mea culpas, the qualifications, the agreements,  the supporting comments, the gosh-sorry-I-made-a-mistake or ANYTHING ELSE for that matter, from these people whose illegal actions are being revealed? THEY DON’T EXIST! Not one damned word, here or anywhere else. Show me anywhere that the coverage is wrong, and I shall leave the piranhas of the BC comment section and apologize for my error in judgement. Do you think that they don’t respond because they are above it all?  That they don’t want to jeopardize their cases?  Of course not. No, these bottom feeders go into their hidden dark little caves and try to wait out the inclement weather. It won’t work. Not now, not ever. And that is why you should drop the facade of referring to these comments as bashing Aliquippa’s Favorite Sons. 

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  9. I DON’T SEE OR HEAR ABOUT DRUG DEALERS OR CRACKHEADS WORKING IN CENTER-SEWECKLEY-MT.LEB. MOON ?? COME ON MAN!!!!

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