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Refusal to resign shouldn't sidetrack E.C. council's work

If there weren't disagreements on the Evans City Borough Council over the way business is being conducted, it's unlikely that some borough officials would be calling for the resignation of the council president, or saying that he at least should relinquish the top council position.

But since those who favor President Bill Painter's resignation have a right to maintain their stance, despite regulations and opinions siding with Painter, all that can be hoped is that the disagreement doesn't distract the council from carrying out its responsibilities.

As an article in Thursday's Butler Eagle reported, the discord over Painter is in response to his acceptance of a state position. According to Painter, the position involves handling unemployment compensation cases within the Pennsylvania Department of Labor and Industry.

Opponents of Painter's continued service have pointed to laws prohibiting state employees from holding public office. However, Painter said state law stipulates that, while a state employee cannot run for office, a person already serving on a borough council or township board of supervisors at the time he or she is hired by the state can continue to serve in the elected position until the current term expires.

Meanwhile, Mike Gallagher, Evans City solicitor, has reported that a member of the state Civil Service Commission sent a letter to Councilman Paul Foster, one of those calling for Painter's resignation, backing up Painter's contention that his continued service is legal.

Painter said he spoke with a state human resource analyst who also confirmed that he is permitted by law to finish his term but is prohibited from seeking re-election.

Painter's term expires in 2013. He said he did resign from the Butler County Democratic Committee because of a state prohibition against a commonwealth employee serving in that kind of position.

Gallagher, as the council's legal expert, hasn't voiced any objections to Painter's continued council service. With the other opinions also in hand, all council members should be content to put the issue over Painter's continuing council service to rest.

If the issue isn't shelved, it could be the basis for borough government friction that would undermine the council's abililty to do its job effectively.

Such a scenario shouldn't sit well with borough residents.

Councilman John McKinney, another of those who would prefer Painter's departure, said Painter sometimes is "not very good at his job" of running the council. He accused Painter of creating his own agenda for the council.

However, Painter isn't a dictator. He has only one vote.

Therefore, this issue should be allowed to die.

For Painter, the most important thing going forward is that he refrain from any actions or votes that could be perceived as a conflict of interest.

That is a common practice in units of government as well as on school boards where, for instance, the son or daughter of a school board member is being considered for a teaching position.

Those who have raised concerns about Painter's ongoing service were correct in seeking out what the laws stipulate. It's best that such issues and questions are resolved quickly.

But now, with opinions in hand, all council members should set aside their differences and commit themselves to working together for the good of Evans City.

The borough should be taking advantage of all of its opportunities, not be stymied by clashes that have no legal basis for continuing.

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