An Allegheny County judge today dismissed a petition that accused a Mt. Lebanon political action committee of filing false election reports to hide who funded election signs and mailings.
After a 3 1/2 -hour hearing, Common Pleas President Judge Joseph M. James ruled that Mt. Lebanon residents Bill Schmeltzer and Calvin Lynch -- who make up the Save Mt. Lebanon School Committee -- kept sloppy records but did not intentionally deceive anyone over the mailings and signs that sough the ouster of three Mt. Lebanon School Board members.
Two incumbents, Rene Garson and Carol J. Walton, lost. Susan Rose won re-election.
"These are two citizens who are interested in their government. They may have wanted to affect the outcome of an election so what did they do? They sent out two mailings and set up 91 signs at the polls saying 'vote them out,'" James said. "I don't think there was any intent to deceive anybody.
"Did other school board members participate? Yes. Was it a loose committee? Yes. Did they follow all the rules? Not very well, but I believe the made a good faith effort to follow the election code," James said.
Five plaintiffs, all Mt. Lebanon residents, asked James to order an audit of the Save Mt. Lebanon School Committee, which they accused of filing false financial reports to hide its primary benefactors.
The plaintiffs are Karen Cullen, former Mt. Lebanon Council PTA vice president and chairwoman of the Committee to Elect Susan Rose, as well as John Cullen, Mary Frances Eberz, Dennis Eberz and Laura Reinhart.
Joseph W. Cavrich, who represented the plaintiffs, asked James to refer the matter to District Attorney Stephen A. Zappala Jr. for criminal prosecution and sanctions against County Controller Mark Patrick Flaherty, whose campaign committee paid for some of the printings.