An Emsworth Council member is threatening to take action unless more than $5,000 is repaid to the borough by a fellow member of council.

Council member Paul Getz was paid $5,260 between April and August of 2009, representing salary for working on various projects in the borough. The number excludes his monthly $100 stipend for serving on council. None of the payments were preauthorized by council, according to council member David Heflin.

Getz is employed on an as-needed basis to do snow removal and road salting during the winter. He said he was told by council president Maria West to submit time sheets for other duties performed, however.

One of the jobs he performed was with the borough's public works department when it was left short-handed due to the injury of a worker. The department's only other employee was new to the job, Getz said, and he filled in temporarily. Council discussed his work at an executive session and was aware of his employment, Getz said.

He also submitted a time card for meeting with the Allegheny County Health Department when a sewer line broke, and for reviewing documents related to the borough's PennVEST loan for the pump station construction.

Heflin said that the work performed by Getz normally would be done by a borough manager or treasurer, and the law prohibits elected officials from holding either of those positions. He said that he sought an opinion from the Pennsylvania State Association of Boroughs, and was told that a council member should not be paid for performing such work.

Emsworth's solicitor disagreed. Solicitor Robert McTiernan said that Getz had not been appointed to any of the positions covered by state law, and that Heflin's opinion did not necessarily constitute fact.

"I don't think there's a violation of the code," McTiernan said.

He did, however, recommend that future payments be authorized in advance by council.

The payments to Getz were ratified by council, but that is not good enough for Heflin, who said that he is prepared to file a complaint with the state ethics commission unless appropriate action is taken.

"I think Paul needs to pay that back to the borough," Heflin said.