Leechburg officials have taken legal action in response to a constable they say lacks authority to pursue code violators in the borough.
Council addressed the matter during their June meeting, passing two resolutions, after a series of social media posts by Leechburg Constable Corey McIntyre.
The resolutions are designed to prevent the constable from patrolling the borough and enforcing certain ordinances.
Whether council can truly strip McIntyre of certain duties remains to be seen.
Leechburg Councilman Chuck Pascal said some residents inquired about the constable’s comments posted on social media and council was concerned the borough may be held liable for McIntyre’s actions.
“Simply put, the borough has no ability to supervise or direct the constable. He doesn’t report to us in any way, so, therefore, we wanted to make it very clear that we weren’t responsible for his actions,” Pascal said.
McIntyre was appointed as a state constable via a write-in petition with about 10 signatures from Leechburg residents on Aug. 20, 2019. The appointment was approved by Armstrong County Judge James J. Panchik. In ordinary circumstances, constables are elected by voters living within a certain area.
Pascal said the newly passed resolutions specify only the borough zoning officer, code enforcement officer and Leechburg police are permitted to enforce borough ordinances.
“There have been lawsuits where municipalities were named in lawsuits against constables,” said Pascal, who is an attorney. “This is an attempt to make it clear that the borough is not assuming any liability for the actions of the constable.”
Pascal said McIntyre hasn’t contacted any borough officials or attended any council meetings regarding his constable position.
In a post to his Facebook account on June 5, McIntyre wrote he was “thrilled” to announce he would be “conducting patrols through our community both vehicle and foot patrols related to engage our community.”
McIntyre’s reason for initiating patrols, he said, was a lack of coverage that residents pay taxes for in the borough.
A Leechburg resident, McIntyre declined to be interviewed for this story.
He emailed a lengthy statement to a Trib reporter, rebuffing the resolutions passed by council.
In his statement, McIntyre wrote council has no authority to do what it is doing.
“The Leechburg Borough does not have the legal authority to overwrite PA State Law,” McIntyre wrote. “Neither the borough council nor the municipal police have the authority to grant or remove powers from a constable. Just as they do not have the authority to remove power from any other form of law enforcement.”
In his email, McIntyre wrote “Leechburg Borough Council acted without educating themselves on the statute and case law as it pertains to the standing and authority of constables. It’s also clear that they acted outside the scope of their authority when passing their resolutions.
“They have recklessly endangered the life of this constable by erroneously leading people to believe that he is not law enforcement and that he has no authority to do the job which increases the chance of resistance and harm to both officer and the defendant. They need to rectify this situation and be held accountable for their actions.”
Leechburg Mayor Wayne Dobos said in recent weeks he’s heard from some concerned residents about the constable’s actions.
In nearby Gilpin Township, Supervisor Charlie Stull said the township fielded so many inquiries about McIntyre, the township posted a public service announcement on the their official Facebook page.
“The Gilpin Township Police Department chose to issue a social media post to answer questions of concerned residents following countless messages and calls regarding this matter,” Fabec said.
McIntyre will face John A. Foster of Leechburg in the upcoming race for constable in November.
Foster had no comment when asked about McIntyre’s posts on social media, but said he’s running for constable because he’s always served in the Leechburg area.
“I would like to further my service to our community and felt this is a good place to do that,” Foster said.
Pittsburgh attorney Phil DiLucente said arrest powers from constables have been challenged in the past because constables are not police officers, even though they are considered law enforcement.
“While I did not see the resolution, clearly there is a concern of some nature as to their duties that are performed on behalf of the borough and municipalities,” DiLucente said when asked about the Leechburg matter.
DiLucente said in certain cases, a constable may transport prisoners and serve warrants — adding typically warrants issued from the district magistrate’s office on citations for traffic or parking and/or non-traffic (summary state code and local ordinance) violations.
