HARRISBURG — Gov. Ed Rendell said Tuesday he will ponder whether to remove Mitchell Rubin as Pennsylvania Turnpike Commission chairman because a federal jury convicted former Sen. Vince Fumo of paying Rubin $150,000 for a no-work Senate job.
Rubin of Philadelphia was not mentioned by name in the Fumo indictment, but later was publicly identified as "Senate contractor No. 5" who did little or no work as a Senate consultant. He could not be reached for comment.
Rubin's wife, Ruth Arnao, a former Fumo aide who ran a nonprofit Fumo defrauded, was convicted of 45 counts on Monday. That same day, the jury found Fumo guilty of 137 counts, including defrauding the Senate, the nonprofit Citizens Alliance and a seaport museum of $3.5 million. He could face 10 years or more in prison.
Asked whether Rubin, a longtime Fumo ally, should continue at the commission, Rendell said at a news conference: "We'll have to look at that. I think that's something that warrants investigation. The jury convicted on all counts, so we'll have to take a look at it."
Asked whether Rubin should resign, Rendell said: "Let's see what the facts were. Believe it or not, I followed the case barely. I don't remember that being a central count in the news coverage, so we have to learn more about it."
Rendell testified under subpoena as a defense witness at Fumo's trial.
"It's very difficult to remove a turnpike commissioner," Rendell said.
It's complicated because the Senate must confirm the four appointed members. Former Republican Gov. Tom Ridge appointed Rubin in 1998. He became chairman in 2003 when Rendell became governor, and Rendell reappointed him in 2006.
"I'm going to review this," Rendell said. He said some appointees have refused to resign when he asked.
Arnao for most of the past decade was Fumo's top aide.
Rendell "should have distanced himself (from Rubin) rather than appearing to circle the wagons," said Tom Baldino, a political science professor at Wilkes University in Wilkes-Barre. "It doesn't do him any good to be appearing to be condoning the behavior of this gentleman."
Baldino agreed it could be complicated to remove Rubin if he wants to stay on the job.
Fumo said in a 2006 letter that Rubin had "an impeccable record as a public official." Fumo had taken Sen. Jane Orie, R-McCandless, to task for what he claimed was misstating his position on the 2004 slots law, which his office drafted.
Despite his work fathering the casino law, garnering billions of dollars for Philadelphia and ushering in Act 44, the 2007 transportation funding law, Fumo will be remembered for the conviction, said Bev Cigler, a political science professor at Penn State University's Harrisburg campus.
"You are remembered for the last big thing you do and (for Fumo) the last thing was a big one," Cigler said. "This scandal will be his biggest legacy."
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