Uniontown's elected treasurer claims racism by city officials has kept her from taking office

A woman who will be sworn in next week as Uniontown’s first black municipal treasurer claims in a federal lawsuit that a conspiracy between a council member and city clerk kept her from taking office this week because of her race.

Antoinette Hodge, who will be sworn in Jan. 13 after receiving an approved bond, accused Councilman Martin Gatti, City Clerk Kimberly Marshall — who is described as Gatti’s sister-in-law — and other unnamed defendants of conspiring to keep her from office despite the fact she won over 97% of votes in the November election.

The suit was filed this week in U.S. District Court in Pittsburgh.

Hodge declined to comment, referring questions to her Pittsburgh-based lawyer Joel Sansone. He could not be reached.

In the lawsuit, Hodge claims Gatti overstepped his authority to cancel her bond — which she is required to have in order to take office — based on “incriminating evidence” found during a background search. In that same call to BondExchange, a Charlotte, N.C.-based surety bond agency, the lawsuit alleged Gatti referred to Hodge as “colored.”

Gatti and Marshall are described as “Caucasian” in the lawsuit.

“She had been denied bond multiple times already,” Gatti told the Tribune-Review. “We found out that she had been approved, and I wanted to make sure that the information they received was legitimate. There’s multiple judgments in multiple states. Those were major red flags to me as a council member. … I called, and I had no issue with what I did. There was also nothing wrong with what I did. If anything, it was just me doing my job to protect taxpayers.”

Gatti denied referring to Hodge as “colored,” adding, “I’ve never used that phrase in my life.”

City solicitor Timothy Witt, who has worked with Gatti and Marshall for years, said he has never heard either make derogatory statements toward minorities. He added that the city disputes the allegations.

Shortly after winning the election, Hodge, who ran as a Democrat, was informed by the Fayette County Election Bureau that documentation regarding election results would be provided to the city. Hodge alleged the documents were given to Marshall, who waited to give them to Witt until almost 50 days after the election.

During that time, Hodge learned she was required to submit an application to be bonded. After consulting with Witt, Hodge applied for a bond through the city’s preferred bonding company, Harrisburg-based Penn National.

On Dec. 28, Hodge received notice that Penn National was unable to provide her with bond because of a problem with her credit report, according to the lawsuit, which is “patently false and unworthy of belief.”

Hodge added that she was bonded during a previous employment and for a trustee position at a nonprofit organization.

After reporting the issue to Witt, she received confirmation that she could use an outside party to receive the bond. On Dec. 31, Hodge received bond through BondExchange. She also was informed by newly elected mayor William Gerke that she was required to take a mandated exam and submit an affidavit of residency.

The lawsuit claims Marshall did not inform Hodge of those requirements.

Hodge passed the exam on Jan. 1 and provided Witt with necessary documents to be sworn in as treasurer.

On Jan. 3, Gerke was informed Gatti had canceled Hodge’s bond. During a call to confirm the cancellation, Hodge said she spoke with a representative at BondExchange who asked if she was “white” or “black.” When Hodge said she was African American, the representative replied, “That sums it up,” according to the suit.

During a phone conversation that same day involving both Gerke and Hodge, a BondExchange manager confirmed Gatti had canceled the bond, adding that the councilman said he had been “authorized” to do so based on Hodge’s background check.

The lawsuit states that Gatti has no such authorization.

When reached Thursday by the Tribune-Review, David Gonsalves, president of BondExchange, denied any racial comments made by his employees or by Gatti. Gonsalves added that an insurance agency cannot approve or decline bond; rather, that is a decision made by an insurance company.

During Monday’s council meeting, the mayor, a councilman and city controller — who are all white — were sworn in, according to the lawsuit. Hodge was scheduled to be sworn in but was not.

After the meeting, Gatti “aggressively approached and verbally attacked” Hodge, stating, “We’ll get you,” the lawsuit alleges.

The lawsuit was filed on claims based on retaliation, race discrimination, substantive due process, conspiracy and municipal liability. It seeks an unspecified amount in damages.