Macungie Mayor Rick Hoffman is going to the state's highest court to seek reimbursement of attorney fees he has racked up during a lengthy legal battle with the borough and its police force.
Hoffman attorney Jeffrey Dimmich has filed a petition in state Supreme Court, asking it to consider the legal fee issue, which Commonwealth Court judges said should be decided in Lehigh County Court.
Dimmich claims in a court filing that his client should be entitled to more than $4,000 that Borough Code allows him to receive from the borough in legal cases that pit him against Borough Council.
Both Hoffman and the borough have accumulated bills exceeding $100,000 for legal work related to the dispute over the mayor's power and authority over the police force.
Dimmich claims in court papers that the dispute was "self-created" by council.
"This matter is of great importance because if council or its solicitor can self-create a conflict and hide behind [Borough Code provisions], the mayor is basically powerless to enforce his duties under the Borough Code because he would be forced to spend his personal money to enforce his official duties," Dimmich wrote in the court filing.
He added that under those circumstances the "electorate is disenfranchised as their vote for the mayor is effectively negated."
Attorney Jeffrey Stewart, who is representing the borough in the case, declined to comment.
Dimmich's request came two weeks after Lehigh County District Attorney Jim Martin asked the high court to hear his appeal related to the case.
Martin, who intervened in the case between the borough and mayor, asked for a clarification of a Commonwealth Court ruling upholding a series of decisions by Lehigh County Judge Michele A. Varricchio, who ruled that Hoffman is Macungie's chief law enforcement officer and that he is entitled to unrestricted access to the police station and its files.
Martin said a portion of the decision related to information the mayor is entitled to see was "confusing and in need of clarification."
Mayor Hoffman, whose four-year term expires at the end of 2013, theoretically is represented by the borough's solicitor, who also represents Borough Council. Because the solicitor can't represent both council and the mayor, the mayor was forced to seek his own attorney.
Dimmich argues in court papers that Hoffman "was forced into litigation by a self-created conflict in bad faith and in total disregard of the law by both Borough Council and the District Attorney."
Dimmich wrote that council had a "great dislike for the mayor," and that during an October 2010 meeting a councilman suggested that the borough "drag out" the legal case in order to create legal bills for the mayor that he wouldn't be able to afford.
Dimmich argues that the mayor had no choice but to take legal action because of a "full-fledged, frontal attack" on his powers. He points out in court papers that the borough's solicitor penned a February 2010 memo saying that the mayor was in charge of the police department, was entitled to a copy of the police department's schedule and investigative files.
Dimmich says the mayor was denied much of what he was entitled to before the issues went to court.
Hoffman has said he won't run in this year's election.
patrick.lester@mcall.com
610-820-6764
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