IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY,

PENNSYLVANIA
CIVIL ACTION - EQUITY

COMMONWEALTH OF PENNSYLVANIA, )
Ex rel. )
Plaintiff )

Vs. )

RON ANGLE )

Defendant )

COMPLAINT

1. The Plaintiff is the Commonwealth of Pennsylvania.

2. The Defendant is Ron Angle, an adult individual who resides in

Northampton County, Pennsylvania and who is currently a member of
Northampton County Council with offices at Northampton County Council,
Northampton County Courthouse, 669 Washington Street, Easton,
Northampton County, Pennsylvania.

3. Plaintiff brings this action in quo warranto pursuant to Pa. Rule of

Civil Procedure No. 1111, and No. 1113.

4. In November, 2007, the Defendant was a candidate in the general

municipal election for the Office of Northampton County Council, District 4
which includes the following municipalities: Bangor Borough, Bushkill
Township, Chatman Borough, East Bangor Borough, Lehigh Township,
Lower Mount Bethel Township, Moore Township, Pen Argyl Borough,
Plainfield Township, Portland Borough, Roseto Borough, Upper Mount
Bethel Township, Upper Nazareth Township, Walnutport Borough,
Washington Township and Wind Gap Borough.

5. At the aforesaid general municipal election of November 2007, the

Defendant received the majority of the votes cast and was thereafter sworn
r in as a Northampton County Councilman, from District 4 in January 2008
with a term of office for four (4) years said term of office beginning January
2008 through January 2012,

6. At the general municipal election held on November 3, 2009, the

defendant was a candidate for the Office of School Director for the Bangor
Area School District, Northampton County, Pennsylvania for a six (6) year
term beginning on or about December, 2009 and terminating on or about
December 2015.

7. Defendant was serving as a member of Northampton County

Council at the time that the Defendant was elected to a term for the Office of
School Director and by virtue of his taking office as a school director,
Defendant is at the present time holding both elected offices.

8. At the time that the Defendant was sworn in as a School Director

for the Bangor Area School District and began to discharge his duties as a
School Director, the Defendant was ineligible to hold said office and is still
ineligible to hold said office because of his position as a member of
Northampton County Council.

9. Defendant, by virtue of his taking office as a school director, is now

ineligible to hold the Office of Northampton County Council.

10. The Offices of Northampton County Council and School Director

are incompatible offices.

I. Count No. 1 - In Quo Warranto - Defendant is in Violation of

Pennsylvania Law 24 P.S. § 3-322

11. Paragraphs 1 -10 as set forth above are hereby incorporated by

reference as though more fully set forth at length herein.

12. 24 P.S. § 3-322 provides as follows:

"Eligibility; Incompatible Offices

Any citizen of this Commonwealth, having a

good moral character, being eighteen (18) years
of age or upwards, and having been a resident of
k the district for at least one (1) year prior to the
date of his election or appointment, shall be
eligible to the Office of School Director therein:
Provided That any person holding the office
of county commissioner, ... shall not be eligible
as a school director in this Commonwealth "
(Exhibit 1 - Copy of 24 P.S. § 3-322).

13. The County of Northampton is a municipal corporation governed

by the Northampton County Home Rule Charter (hereinafter "Charter")
which was adopted pursuant to the provisions of the Home Rule Charter and
Optional Plans Law, 53 Pa. C.S.A. § 2901 et seq. See also 348 Pa. Code
1.1-101 et seq. Northampton County Home Rule Charter.

14. Under the "Charter" the Offices of County Commissioner were

eliminated and replaced with the offices of County Executive and nine (9)
members of County Council as set forth in Article XII Section 1204 of the
Charter entitled "Construction" which reads as follows:

"(b) References to the County Commissioners

All references in the law of Pennsylvania to

County Commissioner shall, after such time as
the elected members of the first County
Council and the first County Executive take
office, be construed to refer to the County
Council or to the County Executive whenever
such construction would be reasonable. The
County Council shall succeed to all legislative
powers and functions vested heretofore in
County Commissioners and the County
Executive shall succeed to all executive and
administrative powers and functions heretofore
vested in county commissioners by the law of
Pennsylvania, except as provided in this Charter."
(Exhibit 2 -Copy of Article XII § 1204 of Northampton
County Home Rule Charter).

15. Article XIII, § 1303 of the Charter entitled "Offices Under the
County Code" abolishes the Office of County Commissioner and Article
XIII § 1304 of the Charter entitled "Administrative Continuity" specifically
transfers all of the duties, functions and powers of the abolished Office of
Board of County Commissioner to the County Council. (Exhibit 3 - Copy
of Article XIII § 1303 of the Northampton County Home Rule Charter:
Exhibit 4 - Copy of Article XIII § 1304 of Northampton County Home Rule
Charter).

16. References to the Office of "County Commissioner" set forth in

24 P.S. § 3-322 is equivalent to the Office of "County Council" in those
counties, including the County of Northampton, which abolished the Office
of County Commissioner and replaced it with the Office of County Council
transferring all duties and functions to said office.

17. The Defendant is in violation of Pennsylvania law and is

improperly and unlawfully holding incompatible offices in violation of 24
P.S. § 3-322 set forth above in that the Defendant's position as a member of
Northampton County Council is equivalent to the Office of County
Commissioner as set forth in 24 P.S. § 3-322.

18. Under 24 P.S. § 3-322, it is improper and unlawful for the

defendant to hold both the office of Northampton County Council (formerly
County Commissioner), and the Office of School Director.

WHEREFORE, Plaintiff respectfully requests this Honorable Court to

enter judgment in its favor and to enter an Order removing defendant from
the Office of Northampton County Council.

Count No. 2 - In Quo Warranto -

The Defendant is in Violation of Northampton County's Home Rule Charter
53 Pa. C.S.A. § 2901 et seq. Article I. Section 104

19. Paragraphs 1-18 are hereby incorporated by reference as if more

fully set forth at length herein.

20. Article I, § 104 of the Charter entitled "General Prohibitions"

applicable to members of Northampton County Council reads as follows:

"During his term of office no elected official

shall hold any other elected pubic office or
hold other employment with the county for
 which he receives compensation...."
(Exhibit 5 - Copy of Article I § 104 of the
Northampton County Home Rule Charter).

21. By his election to the office of School Director for the Bangor
Area School District in November 2009, and taking office as a school
director, the Defendant now is in violation of the Northampton County
Home Rule Charter by holding another "elected public office."

22. Article I, § 107 of the Charter entitled "Forfeiture of Office" reads

as follows:

"An elected official shall forfeit his office if

he at any time during his term of office -
(1) Lacks any qualification prescribed by this
Charter; or
(2) Violates any prohibition prescribed by this
Charter; or
(3) Knowingly and willfully violates any provision
of this Charter...."(Exhibit 6 - Copy of Article I.
107 of the Northampton County Home Rule Charter).

23. The Defendant by his willful and knowing holding of

incompatible offices in violation of the Northampton County Home Rule
Charter is subject to forfeiture of office as set forth in paragraphs 21 and 22
above.

WHEREFORE, Plaintiff respectfully requests this Honorable Court to

enter Judgment in its favor and to enter an Order removing Defendant from
the Office of Northampton County Council.

Court No 3 - In Quo Warranto - The Defendant is in Violation of

Pennsylvania Law 16 P.S. 402.

24. Paragraph 1-23 above are hereby incorporated by reference as if

more fully set forth at length herein.

25. 16 P.S. 402 provides as follows:

Incompatible offices
(a) No elected county officer ... shall at the same
 time serve as .... school director of any school
district. ..." (See Exhibit 7 - Copy of 16 P. S.
§ 402).

26. Defendant is in violation of 16 P.S. 402 by holding the elected

office of Northampton County Council and the Office of School
Director in the Bangor Area School District.

WHEREFORE, Plaintiff respectfully requests this Honorable Court to

enter judgment in its favor and to enter an Order removing Defendant from
the Office of Northampton County Council.

Respectfully submitted,

John M. Morganelli
^/District Attorney
Northampton County Courthouse
669 Washington Avenue
.Easton, PA 18042
610-559-3020

Date:
 VERIFICATION

I verify that the statements made in this affidavit are true and correct.
I understand that false statements herein are made subject to the penalties o1
18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date \»-UiO t l
. Morganelli