Gaming board appointment of former legislator invalidated

Tuesday, Nov. 9, 2004 | 9:01 a.m.

HARRISBURG, Pa. -- A three-judge Commonwealth Court panel on Monday invalidated the appointment of a former state legislator to the Pennsylvania Gaming Control Board.

The state constitution prohibits former Rep. Jeffrey W. Coy from being named to the $145,000-a-year state job before his term expires Nov. 30, even though he resigned his Franklin County seat two months ago, the judges said.

"The phrase, 'during the time for which he was elected' logically applies to the remainder of the time when a legislator should have served, even if he or she resigns before the term ends," wrote Judge Doris A. Smith-Ribner.

Pennsylvania Attorney General Jerry Pappert sued Sept. 7 after House Minority Leader H. William DeWeese, D-Greene, named fellow Democrat Coy to one of seven seats on the newly created body. The board will oversee implementation of slot-machine gambling at up to 14 venues in Pennsylvania.

A Commonwealth Court judge previously dismissed Pappert's claim, saying it was not legally "ripe" until a legally mandated state-police background investigation of Coy was finished. The state Supreme Court overruled that decision, sending the case back to Commonwealth Court.

Calls seeking comment from Coy, DeWeese and Pappert were not immediately returned Monday afternoon.