Money a county paid its solicitor for acting as interest arbitrator in a labor dispute will have to be repaid to the county, despite a resolution the county adopted agreeing to pay the attorney for the work, the Commonwealth Court has ruled.

On July 16, a split en banc panel of the court held in County of Beaver v. Sainovich that because Myron R. Sainovich was furthering Beaver County’s objectives as both the county solicitor and as the interest arbitrator, the work constituted professional acts incident to his position as county solicitor. The 5-2 decision affirmed the trial court, which had held that the approximately $44,000 payment Sainovich and his firm received for his work on the arbitration panel violated the county code.

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