DROP lawsuits against Tartaglione and Tasco appealed

Today, an appeal was filed in the two DROP lawsuits against Councilwoman Marian Tasco and City Commissioner Marge Tartaglione in the Commonwealth Court.

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DROP lawsuits against Tartaglione and Tasco appealed

POSTED: Friday, April 1, 2011, 4:11 PM
Filed Under: DROP | Elections | ElectionEar

Today, attorney Joseph Doherty filed an appeal in the two DROP lawsuits against Councilwoman Marian Tasco and City Commissioner Marge Tartaglione in the Commonwealth Court, on behalf of his clients.

Doherty argues that because Tartaglione and Tasco are enrolled in the Deferred Option Retirement Plan (DROP), they're ineligible to run for office.

A so-called legal loophole has allowed public officials to remain working while enrolled by collecting a lump sum of cash from DROP, "retiring" for a day and then running again.

Last week, Common Pleas Court Judge James Lynn ruled in favor of the candidates. 

Doherty says that in the Rizzo case, the court issued an order today declaring that there wouldn't be an oral argument for the appeal. He expects the same decision will be made for the DROP cases against Tartaglione and Tasco. But now that all three are filed, Doherty added, "The court may change its mind."

Doherty's clients in these cases include, among others, Stan Shapiro, the former chief staff attorney for City Council, and Antoine and Leta Thomas, relatives of one of Tasco's opponents in the upcoming primary, Lamont Thomas.

Matt Wolfe has already filed an appeal in his DROP lawsuit against Councilman Frank Rizzo, which makes the same argument.

This article is part of our new, expanded coverage of this year's exciting election season. Grab this link for more "ElectionEar" pieces and look for the new column in our print edition.

Previously:

Committee of Seventy files amicus brief in DROP cases
DROP candidates can stay on the ballot

DROP lawsuit will be filed to kick Tartaglione off the ballot
Ward leader files challenge to kick Rizzo off ballot

Posted by Holly Otterbein @ 4:11 PM  Permalink | Post a comment
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