Friday, January 11, 2008

Appointment Do-Overs Necessary

Zimmerlink served two consecutive five-year terms on the housing authority prior to the expiration of her second term on Dec. 31, 2007. Both of her appointments to the board were made prior to her election as county commissioner. This year she began her second four-year term as commissioner. (Herald-Standard)

This time around, Zimmerlink took the oath of office Jan. 4, 2008 as a duly elected Fayette County Commissioner.

Her appointment to fill an open seat on the Housing Authority was made a mere weekend after taking that oath of office.

When Commissioner Zimmerlink voted on filling the open seat at the Housing Authority created by Radcliffe's resignation, she voted as a sitting-elected county commissioner. She provided the second vote thus confirming herself as a Housing Authority board member.

This was done just prior to the nomination of other candidates to fill the other expired and full terms of Housing Authority board appointments.

What makes the situation more controversial, as an elected commissioner and an Authority board member, Zimmerlink then provided the crucial and deciding seconds to motions made by Chairman Zapotosky, and then cast the deciding official vote on members appointed to the Housing Authority.

The legalities of those Housing Authority appointments should be questioned pronto.

At the time the appointments were made, an appointed Housing Authority board member actually voted on the confirmation of board members she would then serve with for the remainder of a one-year term.

Why don't commissioners simply appoint themselves to other Authorities in the county, authorities created by the board of commissioners, then turn around and as commissioner vote on the appointments of other Authority members?

Because there is a perceived, if not actual, conflict of interest.

Yet, no commissioner board member even requested an opinion from the legal counsel sitting before them.

Each commissioner should have publicly asked solicitor Ferens for his legal opinion on the potential for just such charges that might arise, on principle, and on fact.

Now we read that Harry Fike must submit a written statement and ask for HUD approval in a situation regarding his brother.

How did Fike pass scrutiny at the commissioners' meeting when Commissioner Zimmerlink questioned whether any candidate had any such potential encumberments, even noting in comments how over scrutized such instances have been in the past down to 8th-cousins once-removed?

Given the new revelation about Harry Fike, appointments made by Commissioner Zimmerlink's vote of confirmation must be questioned and legally challenged.

Net the Truth Online


Herald-Standard article clip

Fike elected chairman, DeBlasio vice-chairman of Housing Authority
By Amy Zalar, Herald-Standard
01/11/2008
Updated 01/11/2008 12:15:03 AM EST

Each of the motions were approved unanimously, with the exception of one 3-1 vote, in which DeBlasio voted against Fike as chairman. DeBlasio said later that he voted against Fike only in deference to former Chairwoman Angela M. Zimmerlink, who was conspicuously absent from the meeting.

When contacted after the meeting, Zimmerlink said she has decided not to accept the appointment to fill the remainder of the term of William "Trip" Radcliffe.

Zimmerlink, who is also a Fayette County commissioner, had voted along with Commission Chairman Vincent Zapotosky earlier this week to appoint herself to fill the unexpired term until Dec. 31. Commissioner Vincent A. Vicites voted against the appointment, saying he doesn't believe commissioners should serve on municipal authorities.

Zimmerlink served two consecutive five-year terms on the housing authority prior to the expiration of her second term on Dec. 31, 2007. Both of her appointments to the board were made prior to her election as county commissioner. This year she began her second four-year term as commissioner.

http://www.heraldstandard.com/site/news.cfm?newsid=19188695&brd=2280&pag=461&dept_id=480247



Fike elected chairman, DeBlasio vice-chairman of Housing Authority
By Amy Zalar, Herald-Standard
01/11/2008
Updated 01/11/2008 12:15:03 AM EST

...At the beginning of the regular meeting, Harry Fike announced that his brother has one or two Section 8 rental units and said he would not be voting on Section 8 matters until the issue is reported to the U.S. Department of Housing and Urban Development.

Purcell told Harry Fike he must submit a written statement and ask for HUD approval.

Executive director Thomas Harkless said such issues have occurred in the past and since Harry Fike has disclosed the information the renters will likely be able to stay but Ed Fike will probably not be permitted to add additional Section 8 rental units.

http://www.heraldstandard.com/site/news.cfm?newsid=19188695&brd=2280&pag=461&dept_id=480247


Herald Standard article clip

Zapotosky named commission chairman
By Amy Zalar, Herald-Standard
01/08/2008
Updated 01/09/2008 12:06:04 AM EST

...In appointments relating to the Fayette County Housing Authority, Zimmerlink and Zapotosky approved appointment of Zimmerlink to fill the unexpired term of William "Trip" Radcliffe, which will expire Dec. 31. Zimmerlink's five-year term expired in 2007. She has been appointed prior to winning election as a county commissioner.

Vicites, who voted against Zimmerlink's appointment, said he isn't in favor of Zimmerlink serving on the board.

"I would never serve on a municipal authority," Vicites said.

Zimmerlink pointed out that Vicites supported James V. Bitonti's appointment to the housing authority board, and Bitonti is the mayor of Belle Vernon. She also said that if it were an issue that she serves on the authority, the U.S. Department of Housing and Urban Development or the state Ethics Commission would have fielded complaints by now.

Zapotosky said he was initially against Zimmerlink's appointment, but now believes "her presence is required."

Ernie Deblasio was then selected for a four-year term on the housing authority. His term will expire Dec. 31, 2011.

After motions by Vicites to reappoint Bitonti and then select Harry Joseph failed to garner seconds, Zapotosky and Zimmerlink then voted to appoint Harry Fike to a five-year term.

Zapotosky said he couldn't support Bitonti's reappointment, citing a conflict of interest. Zimmerlink explained that Bitonti's son works for the housing authority.

Vicites said Bitonti did a good job and was very ethical and moral in his votes...

http://www.heraldstandard.com/site/news.cfm?newsid=19176387&BRD=2280&PAG=461&dept_id=480247&rfi=6

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