Forward settles supervisor’s lawsuit against township

Forward Township Supervisor Dave Levdansky filed the Right to Know case against his colleagues.

A $140 court filing fee set off a political firestorm in Forward Township on Monday — the latest spark in a months-long clash over missing records, landfill payments, and one supervisor’s push for transparency.

A public records dispute between Forward Township Supervisor David Levdansky and the township officially ended after officials provided the documents he had been seeking. But at Monday’s township meeting, tensions boiled over — not about the lawsuit itself, but about the $140.66 court filing fee.

Levdansky began the process in February, submitting a Right to Know Law (RTK) request for two things:

• A copy of the Host Municipal Agreement between Forward Township and Waste Management Inc. (WMI), which operates the Kelly Run Landfill.

• Five years of records showing host municipal fees paid by WMI to the township. He was told the town ship did not have a copy of the contract. Instead of municipal fee receipts, he claims he received records related to leachate fees, which cover sewage treatment — not landfill revenue.

“I was told that the township didn’t have a copy of that agreement, that legal agreement, which I found difficult to believe,” Levdansky said Monday. “The township did provide me with monthly reports, but they weren’t pursuant to the host municipal agreement, they were regarding leachate fees.”

Levdansky filed multiple appeals with the Pennsylvania Office of Open Records (OOR).

The OOR initially sided with the township. But on June 4, it reversed course, stating that Forward Township had “not met its burden of proof” in showing it had properly searched for the contract. It ordered the township to obtain a copy from WMI, which was provided to the township on June 20.

On July 7, Levdansky filed a petition in Allegheny County Court, asking a judge to enforce the OOR’s determination.

That filing sought to compel the township to formally produce the Host Municipal Agreement — to ensure it was officially acknowledged — and the host fee payment records, which had still not been provided at that time.

Shortly after, township Solicitor Matt Racunas contacted Levdansky’s attorney, Christopher McNally, and said the five years of payment records had been located and would be provided.

On July 14, Levdansky received the documents. On July 21, the lawsuit was withdrawn.

McNally told the Mon Valley Independent that the missing records were eventually turned over due to “inadvertence,” according to Racunas.

“Although I did spend a substantial amount of time representing Supervisor Levdansky in this matter, I have waived any and all claims to counsel as a pro bono public service for the benefit of the residents of Forward Township,” Mc-Nally said.

FORWARD SUIT •A2

Levdansky Rumblings over reimbursement

Although the legal matter was resolved, Monday’s township meeting quickly turned contentious when resident Tom Headley questioned a bill for $140.66, submitted by McNally to cover the court filing fee.

Chairman Tom DeRosa responded: “He wanted us to pay the filing fee that he sued us for,” DeRosa said. “The suit didn’t go anywhere, but we were asked to pay the filing fee, so we did.”

Levdansky offered clarification.

“This is the filing fee…My attorney requested that the township at least just reimburse us for the filing, not for legal fees,” he said. “OK, so this resolves the matter, as far as we’re concerned.”

He added that he would abstain from the vote to avoid any conflict of interest.

“I believe not only should public officials have a duty not to engage in any conflict of interest, I think we should be held to an even higher standard of avoiding the appearance of participating in a conflict of interest,” Levdansky said.

Headley questioned the optics.

“So what you are saying is you sued the township, you paid your attorney out of your pocket, but the township is going to pay to reimburse the filing fee? It’s not a lot of money, but it seems strange,” he said.

“That’s why we are not paying his lawyer fees. It’s almost ridiculous that a township supervisor files a Right to Know,” DeRosa responded.

“I know, right? It is ridiculous. I should not have to file a RTK,” Levdansky replied.

Breakdown in communication

The board debated whether the records were newly found or simply overlooked.

DeRosa defended the township’s actions.

“We didn’t have the agreement… You have to take into consideration that we moved from the old township building. Everything we had in that building did not transfer here. We didn’t have a copy of the agreement. Matt did not say we found it. Matt went to Waste Management and got a copy of it,” DeRosa said. “We gave them to him before the lawsuit was filed, and that’s the truth of it — but it’s a little bit of a different version you’re going to get from Dave.”

Levdansky maintained the RTK process became necessary only after repeated attempts to get information informally failed.

“My view is that people have a recourse to file RTK requests when communication with their local government breaks down,” he said.

Resident Bill Jenkins criticized Levdansky’s efforts and questioned the cost.

“I want a number from Mr. DeRosa on how much money, taxpayers money, you have spent busy hunting, wasting, on your right to know (expletive),” Jenkins said.

“I’d like to know how much money the township paid the solicitor to fight an elected official’s request for public information that everyone has a right to,” Levdansky replied, adding that the documents were financially significant.

“You could come here and help us…but all you want to do is live in the past,” Jenkins shot back.

“It spells out a lot of things,” Levdansky said. “And the things it spells out are important to this township and its citizens.”

“I don’t believe that,” Jenkins said.

“There’s a legal document in place since 1996 that spells out how much Waste Management is to pay us every month,” Levdansky continued. “It is not an insignificant amount of money. It’s approaching a quarter million dollars a year. Nobody engages in business for a quarter million dollars a year without having a legal document that explains how that goes about happening.”

So this was a document — a public document — that any citizen has a right to have, and so I asked for it.”

Final vote

Pennsylvania’s Right to Know Law, enacted in 2008, gives citizens — including public officials — the legal right to access public records held by local and state agencies, unless they fall under specific exemptions.

Under the law, townships must respond to RTK requests within five business days.

Denials can be appealed to the Office of Open Records (OOR).

An OOR Final Determination is legally binding unless challenged in Common Pleas Court.

A vote to pay the bills — including the filing fee — passed 2–0, with DeRosa and Supervisor Amy Cline voting yes and Levdansky abstaining.

“I was being a nice guy paying that $140,” DeRosa said. “I didn’t have to pay that either.”

“I was a nice guy not asking for a legal fee,” Levdansky countered.

“The reason you didn’t ask for it was because you couldn’t win the case,” DeRosa shot back.

Even though the lawsuit was dropped, Levdansky insists it was necessary.

“I would have never had to file or go to court if they had given me these documents that I requested, when I requested them,” he said. “It’s the principle of it. I was forced to go to court to get documents the township had in their possession and were easily recoverable…I don’t think anything should be off limits — not to just me, but to any local elected official — to have access to documents and records. I certainly had the rights to this contract and monthly receipts, not only as a supervisor, but because I am also a citizen and because of the RTK law.”

DeRosa still believes the entire thing was unnecessary, suggesting the entire ordeal could have been avoided with a simple conversation.

“It’s only because he doesn’t come in and ask for this stuff,” DeRosa said.

“He (Levdansky) wanted us to pay the filing fee that he sued us for. The suit didn’t go anywhere, but we were asked to pay the filing fee, so we did.”

TOM DEROSA

FORWARD TOWNSHIP SUPERVISOR