September 03, 2015

Supreme Court Denies Sheriffs’ Appeal In Private Security Case

Sheriff David tosses out candy during a parade / Beaver Countian file photo
Sheriff David tosses out candy during a parade / Beaver Countian file photo

The Supreme Court of Pennsylvania has denied an appeal filed by the Beaver County Deputy Sheriffs Association in a lawsuit brought against them and Sheriff David by the Beaver County Board of Commissioners.

The ruling by the Supreme Court means a preliminary junction issued by Senior Erie County Judge John Bozza, preventing the Sheriff’s Office from performing private security services for outside organizations, has been upheld.

After an investigative report by the Beaver Countian in August of 2012 first exposed the issue, 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 determined was a violation of state law.

An audit conducted by 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.

Sheriff David and the Beaver County Deputy Sheriffs Association appealed Judge Bozza’s ruling to the Commonwealth Court of Pennsylvania, which subsequently denied the motion. “We conclude that the injunction is reasonably suited to abate the offending conduct and it does not adversely affect the public interest,” wrote Judge Jubelirer for the court. “Given the costs of overtime, workers’ compensation, and pension issues, a greater injury to County taxpayers would result from the refusal of the injunction.”

The Beaver County Deputy Sheriffs Association then took the case all the way to the Pennsylvania State Supreme Court, which denied the appeal yesterday without any further comment.

“This decision by the Pennsylvania Supreme Court to deny the appeal is a demonstration that our legal reasoning in this case was ultimately supported by the law,” said Assistant County Solicitor Bernie Rabik, who argued the case on behalf of the Board of Commissioners.

Attorney Bernie Rabik’s legal filings on behalf of the county marked the first time in Pennsylvania’s history that the statute prohibiting a Sheriff and his Deputies from performing private security services was brought before the appellate courts for review and interpretation. Although a final injunction has not yet been issued in the case, legal observers tell the Beaver Countian this case has now likely established a precedent that will significantly curtail the activities of all Sheriffs throughout Pennsylvania.

County 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.

There is currently a petition pending before Senior Erie County Judge John Bozza to have Sheriff David found in contempt of court.

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.

About The Author

Profile photo of John Paul

John Paul is a Beaver County native and the founder of the Beaver Countian. He reports full-time for the site, specializing in investigative journalism with an emphasis on public corruption.

Your Thoughts:


Guest
Nobama
1 year 2 months ago

Looks like these deputy dogs are going to have to learn to live within their means like the rest of us. Good decision on the Supreme Court of PA.

Guest
J.d. Fordyce
1 year 2 months ago

Seriously when is he out of office?!

Guest
1 year 2 months ago

Love how he’s photographed driving with no seat belt!

Guest
Raven
1 year 2 months ago

@Mandy Friend: That’s because he’s ducking the candy being thrown back at him by the kids. 

Guest
eddiemerchant
1 year 2 months ago

Every time I see this photo I think of an unkempt Adolph Hitler.

Guest
1 year 2 months ago

Bout time somebody put him in his place

Guest
1 year 2 months ago

This guy is a PIG!

Guest
1 year 2 months ago

wow finally hope they win the rest of the charges against this arrogant man

Guest
Bak
1 year 2 months ago

Why is not out of office .He is a decrease to the Uniform and office I f this happened in my state he would be out of office He is given the sheriffs office a bad name 

Guest
Mungo Jerry
1 year 2 months ago

BAK rhymes with crack, and it seems that’s what you been smoking by your comment! Mungo may be a lot of things, but a grammar nazi he is not! In this day and age though everyone should have spell check!

Guest
cracker
1 year 2 months ago

Death by a thousand slices, I wonder what it’s like to have your world unravel right before your eyes. Walking around all this time thinking you have all the answers and you are untouchable. Sucks to be you George, sucks to be you.

Guest
1 year 2 months ago

If he is so nasty, who put him in office?

Guest
Mole Mountian
1 year 2 months ago

CJ Betters

Guest
Raven
1 year 2 months ago

Good news!

Guest
1 year 2 months ago

This been going on since the 1970’s, will it ever end in Beaver County Politics?

Guest
1 year 2 months ago

They are slowly chipping away at his armor. All the corruption of catch up with you in the end

Guest
SpeakTheTruthToo
1 year 2 months ago

Another step in the right direction.

Guest
bang
1 year 2 months ago

Bernie Rabik just made case on Myron and Georgie assssssss

Whoooooaaaaaaa bitches and snitches

I hear pictures and recordings may convict few other’s so sheriff won’t be alone soon

 

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