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Dear Ron:
Based upon the aforesaid, it is my opinion that you cannot legally serve in the
aforesaid office of County Council and School Director. I would request that you not
take the oath of office as a school director at the upcoming reorganization meeting.
Obviously, I respect and acknowledge your right to test the legality of holding both
offices. However, if you so chose to proceed, I will have no choice but to initiate the civil
action of quo warranto seeking to bar you from holding said offices. I clearly understand
your opinion that the voters of the county should have the right to elect their officials
without limitation. Although I may agree with you in principle, unfortunately that is not
the law. I am confident that you would be in violation of both the Public School Code
and Home Rule Charter by serving in both offices simultaneously. At the present time
you have the choice to elect which office you want to hold. However, if I am forced to
file legal action, I will request that you be removed from the Office of County Council. If
the court finds you to be in violation of one of these provisions, the quo warranto will be
granted and you will be removed from the Office of County Council. I trust this
correspondence adequately sets forth the position of the Office of District Attorney with
respect to this matter.
2
John M. Morganelli
District Attorney
JMM/lt