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Legal battle fails to remove two Muncy Township supervisors

The Muncy Township resident who also serves as the township auditor lost her bid in Lycoming County court to have two township supervisors removed from office.

President Judge Eric R. Linhardt ruled earlier this week on the civil case brought by Melissa Wertman-Doyle, the auditor, against board chair Terri Lauchle and Denise Artley, vice chair.

In court records, she alleges misconduct by the board majority that is at odds with the developer of the proposed Bass Pro Shops.

Wertman-Doyle’s misconduct allegations against Lauchle and Artley included breaching their fiduciary duty to the township and violating the state Sunshine Act, Second Class Township Code, the Public Official and Employees Ethics Act and the Election Code.

Artley also is accused of disclosing confidential executive session material and non-public township information to Lauchle before she was a supervisor for use in a suit against the township.

Wertman-Doyle’s other claims against Lauchle included improper electioneering and blocking legitimate actions of the prior board of supervisors.

The judge looked into:

Whether Wertman-Doyle has standing to bring an action

Whether her complaint fails to state a claim upon which relief can be granted

Whether her complaint contains scandalous and impertinent matter by referring to Lauchle’s suit against the township

In his conclusion, Linhardt rejected the effort of Wertman-Doyle to be removed under a special proceeding. Linhardt ruled Wertman-Doyle failed to present evidence the attorney general or district attorney declined to bring the action.

He also found her complaint lacked sufficient facts to show she has standing to do so as a citizen, according to a report by Pennlive and the court record.

Wertman-Doyle has 20 days to file an amended complaint.

“We’re watching it very closely,” Lycoming County District Attorney Tom Marino told the Sun-Gazette when asked about the developing situation in Muncy Township.

“We want to make sure the state’s Sunshine Act is being followed to the letter of the law,” he said.

“There are statutes regarding the Sunshine Act, and if those are not being followed, there are ways that we can prosecute that,” the DA said.

Marino stressed that it is the responsibility of those in positions of power, at whatever level that may be, to be knowledgeable of rules and laws that guide those positions.

While also stressing that township and other such meetings must remain orderly, he, nonetheless, said that residents have the right to attend these meetings and be informed of what their elected representatives are doing.

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