Despite Judge’s Ruling Sheriff Approves Bill For Legal Expenses

sheriff-legal-bills

Despite a judge’s ruling, Beaver County Sheriff George David approved a $9,945 bill from attorney John Havey, and submitted it to the county for payment.

Sheriff David had asked Senior Erie County Judge John Bozza to force the county to pay for his anticipated legal expenses, that would be incurred as a result of the Commissioner’s lawsuit against him. Judge Bozza denied that motion on December 18th. The bill from attorney Havey was generated on December 31st, and approved by Sheriff David soon after.

County Commissioners are seeking an injunction against David, attempting to stop the Sheriff from having his deputies perform private security services for companies like Cinemark Movie Theatre, Walmart, and Boscov’s. The move followed an investigative report by the Beaver Countian which revealed the extent of David’s activities, and questioned their legality under Pennsylvania County Code.

Attorney John Havey has not entered his appearance in the lawsuit against David, meaning he does not officially represent the Sheriff in the case. Instead, the nearly $10,000 in legal fees were incurred in litigation initiated by the Sheriff against the Commissioners, in his attempt to force the county to pay for an attorney to represent him in the actual lawsuit. Havey billed 51 hours at a rate of $195 per hour for a total of $9,945.

“Based on a ruling in the Court of Common Pleas, the county does not have to pay, and the Commissioners have stated they will not pay, for these legal services” said County Controller David Rossi. “Basically, the judge came back and said no, and he went ahead and submitted the bill anyway.” Rossi said his office has held the invoice and will not issue payment.

Attorney Havey asserted that Judge Bozza’s ruling allows the Sheriff to appropriate any funds available in his budget for legal services as he sees fit. “If you read the judge’s order, you see the judge indicated that the Sheriff had a right to determine monies to be paid that are already budgeted, he had that right [...] I checked to make sure there were sufficient funds in that account, and in 2012 there were residual funds available to the Sheriff.”

Judge Bozza’s ruling reads in part, “County Commissioners have provided funds to the Sheriff for solicitor services and the Sheriff has those funds available to him and may allocate them as he sees fits.” County Row Officers are budgeted approximately $6,000 per year for solicitor services, and county officials insist Sheriff David had exhausted his budget last year in payments to his solicitor, Myron Sainovich. Attorney Sainovich had recused himself from the lawsuit filed against David due to a conflict of interest. Sainovich is also being sued by the Commissioners, who allege he double billed taxpayers while serving as County Solicitor.

“[Controller] Rossi can now look forward to becoming a named defendant in a Mandamus Action, and we’ll see if he has the legal right to do what he’s doing” said Havey. “We now have this as a substantive issue to deal with, the issues raised from a constitutional standpoint have never been addressed, so I guess we’ll just really jumble this up to go through everything that is necessary [...] If nothing’s done but what’s already been done, this will go to the appellate court, and there will be an appellate court decision, and that will probably come in 2 or 3 years from now.”

Officials in the county’s legal department told the Beaver Countian that Controller Rossi was right to refuse payment of the invoice. “This is yet another brazen attempt to take taxpayer dollars, an attempt that has already been denied by the Honorable Senior Judge John Bozza” said County Solicitor Joseph Askar.

“Any Mandamus Action against Controller Rossi would be an attempt at a second bite at the apple,” added Assistant County Solicitor Bernie Rabik. “This issue has already been decided, the matter has already been adjudicated, and the county doesn’t have to pay Havey’s fees.”

Attorney Havey had previously left messages with District Attorney Anthony Berosh, suggesting to First Assistant Ahmed Aziz that criminal charges should be filed against the Commissioners, because they refused to pay his legal fees for Sheriff David — An assertion Berosh deemed frivolous.

Assistant Solicitor Rabik has been preparing the county’s case for a hearing scheduled to take place on January 16th, which could see a ruling issued on the Commissioners’ request for an injunction against Sheriff David. Havey said Sheriff David would likely ask the judge to postpone that hearing.

Note: In the interest of full disclosure, the Beaver Countian has released a statement regarding an incident involving Sheriff George David and this reporter.

 

15 comments

  1. These guys are nuts, this shit should be on 60 minutes…

    Havey has been and always will be a blowhard, and Myron stealovich..

    Lol they must think they are smart

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  2. AS A PUBLIC SERVICE I HAVE THE FOLLOWING MESSAGE FOR EVERYONE.

    CRACK KILLS. IF YOU SMOKE CRACK YOU WILL DO WACKED OUT STUFF, GET IN LOT’S OF TROUBLE AND LOOK LIKE AN IDIOT.

    MORAL OF THE STORY IS “DON’T SMOKE CRACK”

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  3. I LOVE THIS SITE! AWESOME STUFF HERE.

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  4. georgie gonna bankrupt us with his power trippin bullshit!!!!!!!!!!!!!!!!

    stop georgie! where are the state police? help!

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  5. LADIES and GENTLEMEN CAN I HAVE YOUR ATTENTION, THIS IS A PRIME REASON WHY THEY DAY ATTORNEYS ARE SLEAZY. LOL LOL

    HEY JOHNNY YOU HAVE TROUBLE PAYING YOUR FINES THAT ARE DUE EVERY MONTH?
    Since being released from prison?

    What a clown perfect trio

    The best is Havey “I will have Georgie get a post ponent on his hearing” why Johnnie ?
    The sheriff got no balls if what he is right go prove further more, thought you just said your not his attorney yet? How you Billing then? That some crazy Fockers up their?

    Anybody wish they got that vote back now on Georgie boy? This is great though funny shit, everyday something it was a matter of time, seen in quip they fucked that place up and it never was the same

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  6. What a joke, go tell the sheriff to pay his own lawyer just like every other person that brakes the law , not with my tax dollars, everyone knows he has more money than he could ever spend, I heard millions so SPEND IT….The judge said NO NO NO what part of that don’t you understand? now your calling Rossi to court, he will make mincemeat out of them, Rossi is not afraid of the sheriff, he is doing the right thing. GO GET HIM DAVE ROSSI…

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  7. Why hasn’t the Attorney Generals Office been called in to investigate this.

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  8. Boss Hogg David says “you boys got ta pay my lawyure. He’ll be fixin to make you “squeal like a pig”. Where the hell is Burt Reynolds when we need him? Oink, oink, oink…

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  9. Borrow the money from Morry. Oops. He’s probably a little short just now.

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  10. You ain’t getting any money for your lawyer so pay up yourself, and the Ruskin lady and every one else you flipped on and threatened, which are many should file a civil suit against the sheriff, when it starts hurting your pockets you’ll quit. Tuff guy picking on woman SHAME SHAME

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  11. have you no concience stealing the tax payers money to pay for your foolish bullshit? how are your two deputies doing that were with you when you had a gun to john paul are they sleeping good at night ? do they even feel bad or have any remorse? well i hope it bothers them every day and every night remember God sees every thing………….

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  12. I feel bad for the decent deputies

    Because some did shit to make department look bad the last few years

    And now the sheriff and his bravado ego along with his ambulance chasing legal team are making it look like a second rate WACKENHUT SECURITY COMPANY

    The honor has gone, and to think this clown wants more power and jurisdiction

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  13. Doesn’t everybody understand what Georgie stated when this shit got started. “Nobody is going to tell me how to run my office”. This reminds me of a couple other NUTS that felt the same. Such as Hitler,Stalin,Hussain, Kadaffi, Mousalini and other crackpots of the same caliber. He’s fucking “NUTS”. John Paul you’re the greatest. Everybody shits in their pants when the “NUT” speaks. Not you, you brought light to all the bullshit that has been going on. Yeah for John Paul !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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  14. I’m sure that someone thought about this long befor me. Why cant the D.A. request or order a polygraph test for sheriff stutterbug and his two cronies? Every law enforcement officers and “court messengers” should have to submit to this testing if illegal acts are commited. I know that Stutterbug ordered his cronies not to submit. Why not Georgie? Something to hide?

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  15. County pay bill! Deputys workng extra jobs for many years.

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