ATLAS - Mount Carmel Township Board of Supervisors appointed another attorney to advise police in a lawsuit involving a neighboring borough to avoid a conflict of interest for the township's solicitor, who is the plaintiff's attorney.
Mount Carmel Township Police Department received a federal subpeona for records related to a ongoing civil rights action in Kulpmont, said Solicitor Vincent Rovito during a supervisors' meeting Wednesday.
In March, Kulpmont resident Cheryll Hornberger filed a federal lawsuit against Kulpmont Police Chief Richard Wilson, personally and in his official capacity, Kulpmont Mayor Myron Turlis, the borough, its police department, and current and past members of Kulpmont Borough Council.
Hornberger claimed her civil rights were violated in a January 2011 incident when she was illegally arrested and searched on the streets of Kulpmont. She was later cited for violating the borough's parking ordinance, disorderly conduct and littering, but the charges were dismissed during her preliminary hearing in April.
Rovito was Hornberger's attorney in the criminal case, prompting him to recuse himself when the township received the subpeona.
"Because I represented the woman and went through the court hearing that gave rise to the filing of the civil rights action, I can't advise the police," Rovito said.
The solicitor asked the board to appoint Rob Varano, the township's zoning board attorney, to take his place.
Rovito gave two reasons for recommending Varano.
"First of all, he is very knowledgeable on this type of litigation. Secondly, his position as zoning attorney does not conflict with my position here, because I am prohibited by law from serving as township solicitor and zoning attorney (at the same time)," he said.
Supervisors Charles Gasperetti and Joseph Zanella voted to appoint Varano. Board chairman Reynold Scicchitano was absent.
In other business
The supervisors approved the advertisement for bids for the township's annual street improvement projects. Supervisors said streets to be paved this year are Laurel Lane in Oak Ridge Estates, Marshall Street and the intersection of Third and Main streets, both in Locust Gap.
The board also approved paying $20 for its annual membership to the Shamokin Creek Restoration Alliance.
During the public comment session, citizen Rich Mychak asked the supervisors if there is any plans to contact the U.S. Postal Service about giving Mount Carmel Township its own zip code. Gasperetti told him supervisors could send a letter, but if a petition from citizens asking for the zip code goes with it, it could carry more weight.