HomeMy WebLinkAboutCOMM - Meeting Minutes - 365 - 9-23-1963 - COMMISSIONERMINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
e FRANCIS E. PETTIT. J. BLATCH CUMMINS, JOHN MAZZA, COMMISSIONERS
515
NO. 365
Office of the County Commissioners
Washington, Pa., September 23, 1963
Continuation of regular meeting of Friday, September 20, 1963, recessed to-
day, Monday, September 23, 1963. Board of County Commissioners continued the recessed session
with the following members being present: -Commissioners Pettit, Cummins, and Mazza. Also
present being County Solicitor Hormell, Chief Clerk Polaski and Harvey Stuart.
The matter of payment of counsel fees for the Supreme Court case involving
the Venango Act came up for discussion.
A bill for services rendered was presented, and the County Solicitor gave
his opinion that payment of the bill was not proper, since the attorneys involved were not
acting as special counsel assisting the County Solicitor.
After some discussion, all the Commissioners agreed that Frank J. Docktor,
Esquire, had requested special counsel to assist him in preparing for the case. The
Commissioners agreed further that there was a question involving approximately $100,000.00 of
County expenditures, since the County budget had been adopted upon the premise that the County
Treasurer Would collect County taxes under the Venango Act. If the Venango Act was held not
to apply to Washington County, this would be an additional expense to the County and therefore,
it was and had been in the interest of the County to have the case litigated.
The Commissioners agreed that he had requested, and they had instructed
N.r. Frank J. 0ocktor, Esquire, who was then County Solicitor, to retain whatever additional
special counsel were needed to litigate the case and the Commissioners are agreed that the
attorneys' services involved in this bill were necessary for the purpose; that this is a
legitimate debt of the County, and therefore, they hereby ratify the agreement made with
Mr. Frank J. Docktor, Esquire, and direct that this ratification of instruction to hire to
select special counsel to protect the County's interest, be made a part of ,the minutes as though
it had been made a part of the minutes at the time the original request was made.
The Solicitor thereupon stated that the County Commissioners had the power
to retain special counsel to assist the County Solicitor and that where a row office did not
have a solicitor, it was the County Solicitor's duty to take care of any legal matter for that
office. The Solicitor further stated that if this was the agreement, the Commissioners had the
power to ratify it if it had been overlooked and not made a part of the official minutes at the
time. The unfortunate deaths of Mr. Docktor and Mr. Massock made it impossible to know the
facts without making them a matter of record, based upon what the Commissioners stated were the
circumstances involved.
In view of the above, motion was made by Mr. Cummins, seconded by -Mr. Mazza,
that the agreement to retain special counsel be honored and that the bills be ordered paid.
Notion carried unanimously.
Motion by Mr. Mazza, seconded by Mr. Cummins, that the meeting be adjourned.
Motion carried unanimously.
THE FOREGOING MINUTE READ AND APPROVED:
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4 1963
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CHIEF CLERK