North Huntingdon's solicitor told township residents Wednesday that 3rd Ward Commissioner Fred Patter is "entitled" to his $365 salary despite a civil complaint by the Westmoreland County district attorney alleging that he's living in Monroeville.

Responding to a resident's request for the township to recover Patter's salary, Bruce Dice said Patter remains seated as a commissioner "until some judge voids his tenure."

George Blissman, of Dartmoor Drive in Patter's ward, said Patter has "deceived" township residents and commissioners by continuing to serve as a commissioner despite a detective's investigation showing that he left his Palomino Court home in May.

In a Dec. 2 civil complaint, Westmoreland County District Attorney John Peck said Patter, a first-term commissioner, "is not duly qualified" to retain his seat on the board because he lives at an Allegheny County condominium on Glenwood Drive.

The Republican's term runs until Dec. 31, 2011.

Blissman asked Patter's colleagues on the board to take action to recover Patter's salary for the time he wasn't living in North Huntingdon, but Dice replied that the matter hasn't been resolved in court.

Patter has not responded to the complaint, court records show. He has not attended either of the two public meetings since Peck filed the complaint.

"I think as long as he remains a township commissioner, he's entitled to his salary," Dice said.

Also last night, commissioners voted 4-1 to approve next year's budget. There is no property tax increase.

Commissioner Rich Gray dissented, calling the budget "out of whack" for allotting $4.1 million, or about 41 percent of the spending plan, for the police department. Gray said it was "lopsided toward the police" and he would have preferred to send it back to the chief for more cuts.

The Local Government Academy, an independent, nonpartisan organization, recommends that municipalities reserve between 25 percent and 30 percent of their budgets for police, he said.

"I think it's maybe 10 percent overfunded," Gray said.

Commissioners set their reorganization meeting for 6 p.m. on Jan. 4.

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