Bill Painter

EVANS CITY — Several council members called on President Bill Painter to resign this week after Painter revealed he took a new job within the state government.

Painter said his new position involves handling cases of unemployment compensation within the state's Department of Labor and Industry. That was enough for council members John McKinney and Paul Foster to call for his resignation from council, citing laws that prohibit state employees from holding office.

Painter refuted those claims, however, and said he made his employer well aware of his position on Evans City's council during the application process. He also said the law stipulates state employees can't run for election but, if already serving a term on a council or board of supervisors, they are allowed to finish their term.

Painter, whose term expires in 2013, said he talked to a human resource analyst with the state who also confirmed he's allowed to finish his term but barred from running for re-election.

Painter said he had a meeting with Foster, McKinney and Mayor Gary Foster last week and informed them that he won't resign and that he's not breaking any laws by serving on council.

"Basically they are trying to pressure me to resign and thinking I'm not smart enough to know the rules," Painter said. "One of them even called the Civil Service Commission on me. But they know they don't have any legal avenues and that you can't kick somebody off who's been elected."

Painter said he did resign from the county's Democratic committee, a position he wasn't allowed to hold while employed by the state. He reiterated he has absolutely no intentions of resigning and suggested McKinney and Foster's claims are nothing more than personal disagreements and dirty politics.

"I think it has to do with basically them not agreeing with me on some issues," he said. "You can disagree with people but I don't think it's acceptable to tell people that you have to quit or to tell someone you might lose your job."

McKinney insisted Painter's dual government service, both as a paid state employee and as Evans City's president, is an obvious conflict of interest. He said Painter often presides over decisions concerning borough employees' insurance plans and that it'd be unethical for him to continue as president.

"He can serve out his term but he certainly shouldn't serve as president," he said. "Any decision he makes for the borough or for borough employees, that's a conflict of interest. Right now we're just waiting to see what our next recourse is."

McKinney said Painter was "combative" when approached about the topic of resigning and added that sometimes he's just "not very good at his job" of running council. He also accused Painter of creating his own agenda for the council and reiterated there's no denying that the whole situation is unethical.

"He took the job with the state even though he knew it involves a serious conflict of interest," McKinney said. "He has to know you can't be on both sides of the fence."

Painter responded that he sees "absolutely no conflict" between his new position and serving as borough president, and added that he won't vote on any issue that any council member would label as a conflict of interest.

He also said he feels McKinney and Foster are calling for his resignation because they are "not able to agree to disagree on issues" concerning the borough.

Evans City Solicitor Mike Gallagher said a member of the state's Civil Service Commission sent a letter to council member Paul Foster that should put the matter to rest. The letter said Painter isn't breaking any regulations while sitting on council as long as he doesn't run for re-election when his term is up.

"The letter is very cut and dry in saying he's allowed to finish the term but he can't run for another term or position as long as he's employed with the state," Gallagher said. "I think everybody is going to accept this answer because it's about as clear as it could be."