Daily Local News (West Chester, PA)
Official moved out of ward he represents
Phoenixville Councilman Michael Kuznar says the switch is temporary
PHOENIXVILLE >> A Phoenixville Borough Council member admitted Tuesday night he currently doesn’t live in the ward he’s supposed to represent. Now several borough officials have expressed concern about the legal ramifications of such a notification.
Council member Michael Kuznar, a Republican who represents the Middle Ward of the borough, said he no longer resides at his Bridge Street address and is currently staying with a friend in the East Ward. He moved out of his address in the beginning of June and plans to move back to the Middle Ward in October.
“I feel I owe it to my colleagues on council and my residents to keep them informed,” he said. “I was transitioning from one place to another due to housing plans immediately following my departure from 217 Bridge St. falling through.”
Kuznar later said he has not yet changed his permanent address but has had his mail forwarded to his friend’s address. He said Tuesday he appreciated everyone’s patience and understanding and plans to continue to serve on council.
Other borough officials on both sides of the aisle expressed concerns about the announcement. Mayor Michael Speck, a Democrat, and council member Jon Ichter II, a Republican, both said they believe Kuznar should have stepped away from the rest of Tuesday’s meeting.
Council member Jeremy Dal-
ton, a Democrat, said he was concerned about the votes Kuznar cast between the time that he moved and the announcement.
“For the safety and sanctity of the community we serve I think it should be further investigated,” he later told Digital First Media. “I’m concerned with the legality of it. I’m just making sure the great citizens of Phoenixville are properly served.”
Saying he too had “serious concerns” about the issue and adding there was a residency requirement to hold a seat on council, Council President James Kovaleski called on Solicitor Charles Garner to provide
a legal opinion of the Pennsylvania State Borough Code. Garner said there are several sections of the borough code regarding vacancies including termination of residency from the borough.
“However that section is somewhat silent as to what triggered that or how that’s ultimately determined,” he said. “Or who is the arbitrator of that provision.”
Garner agreed to further research the subject and come up with an opinion at the Oct. 11 meeting.
Shelley Houck, director of research for the Pennsylvania Association of Boroughs, said in her 30 years working with the agency, she had never heard of such a situation as Kuznar’s. While she is not an attorney and could provide no legal opinion on the subject,
she said it was likely up to Garner to make an opinion on the subject.
One borough solicitor who spoke on the basis of anonymity agreed it was an unusual situation but also deferred to Garner’s opinion. The solicitor believed Kuznar’s past votes would not be able to be undone.
In response to the controversy, Kuznar acknowledged the “gray area” of his situation but said his own research into the matter has shown he hasn’t done anything wrong. He reiterated his intention to stay on council.
“I plan to continue serving,” he said. “I enjoy what I do and worked really hard to get here. I wouldn’t want something like this to distract me or the residents from making progress in the borough.”