A child endangerment felony should be grounds for removal of a sitting borough councilman
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Convicted Felon – Endangering the Welfare of Children
Continuing to serve on Forty Fort Council
- October 4, 2016 – Michaels continues as council member despite guilty plea http://timesleader.com/news/local/593256/michaels-continues-as-council-member-despite-guilty-plea
December 7, 2016 – Michaels votes on forty fort budget as a convicted felon http://timesleader.com/news/local/613251/a-convicted-felonmichaels-votes-onforty-fort-budget
December 11, 2016 - Times leader urges Frank Michaels to do the right thing and step down from council http://timesleader.com/opinion/614899/our-view-frank-michaels-needs-to-step-down-from-council
Frank Michaels (post-conviction), in his own words, “I will do what is in the best interest of the people of Forty Fort”
January 4, 2017 – Forty Fort residents attend December council meeting http://timesleader.com/news/local/622088/residents-quiz-forty-fort-council-on-frank-michaels
Four (4) residents took to the podium at the council meeting to voice their deep concerns over the arrogance of Mr. Michaels and his refusal to step down. Other residents in the standing-room-only meeting voiced their concerns to council as well.
January 6th – Forty Fort Borough residents initiate a petition campaign urging Frank Michaels to do what is in the best interest of the town and step down from council.
As it stands today, Frank Michaels is on house arrest. He continues to attend regular council meetings. Frank Michaels, convicted felon, serving on house arrest, is voting on budgets and other sensitive agenda items that directly affect the people in the borough of Forty Fort.
Council and the mayor have been very clear about the limited legal avenues to remove Frank Michaels from his position. Council could be more vocal about their desire to see him step down and replaced. The DA's office responded to residents' phone calls and questions. Residents were told that in the state of Pennsylvania, the felony conviction of endangering the welfare of children is NOT grounds for him to be removed from council. Had he been convicted of perjury (he was charged with perjury) then the DA WOULD have the power to remove him from Council. According to Pennsylvania state law, the felony conviction of endangering the welfare of children, ALLOWS a criminal to collect a pension. A felony conviction of perjury in the state of Pensylvania PREVENTS a criminal from collecting a pension.
Frank Michaels needs to do the right thing for Forty Fort and step down immediately. Together, the good people of Forty Fort are linking arms in hopes that he will get this message. Forty Fort residents will not stand for a convicted felon sitting on their council board and will make every effort to convince him that we are right.
- According to Boro Code S904.1 Removal of elected official and appointee. .
(a) Rule. -- A borough officer who is elected or appointed to fill a vacancy in elective office may be removed from office as follows:
(1) By Impeachment
(2) By the Governor for reasonable cause after notice and full hearing on the advice of two-thirds of the Senate.
(3) On conviction of misbehavior in office or of an infamous crime
Council and the DA's office cannot communicate the steps for impeachment. They claim that the steps for impeachment simply do not exist. Therefore, according to them, impeachment it is not an option.
Number 3 states: “on conviction of misbehavior in office or of an infamous crime”
Council and the DA’s office both have stated that what he plead guilty to (endangering the welfare of children) does not meet the criteria of the term “infamous crime”.
However, the Definition of “Infamous Crime” as stated by Merriem-Websters dictionary:
"A crime is judged infamous because it constitutes treason or a felony, because it involves moral turpitude of a nature that creates a strong presumption that the one guilty is unworthy of belief in a court of law, or because it subjects the one guilty to infamy".
Frank Michaels felony conviction meets the criteria for infamous crime. Frank Michaels abused his position of power and should be able to be removed from this position of power. Frank Michaels should do what is right and step down from Council immediately.
Borough Residents are urged to meet at the Forty Fort Borough Building on Thursday, January, 12th from 1pm - 3pm to meet with a field representative from Senator Lisa Bakers office to determine what other options are available.
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