John Russo Jr. rejoined New Castle City Council last night.

Russo, who previously served 16 years on council, was appointed to fill the vacancy created last month by the resignation of Chet Orelli Jr. The vote by the four remaining members of council was unanimous.

Russo was one of 12 people who had applied for the position.

The vote was postponed from Thursday to allow city solicitor Michael Bonner to determine whether Russo’s position on the Lawrence County government study commission posed a conflict.

City ordinance prohibits a county official from being a council member. The question is whether a member of the study commission is considered a county official.

Bonner said his opinion, based on his research and the opinion of county solicitor Thomas Leslie, is that Russo is considered a county official. Unless Russo resigns from the commission, he isn’t eligible to be on council, Bonner said.

The issue became a moot point when Russo told council he had submitted his resignation from the commission yesterday. Immediately after his announcement, council voted to appoint Russo, and he was sworn into office by city clerk Melinda Parenti.

Bonner said there is a conflict of opinions on the issue, but noted the state ethics law, which says members of public advisory boards are excluded from the definition of a public official except in the expenditure of ’public monies.’

He said the study commission has expended public funds and, therefore, Russo is ineligible.

Bonner added it is his ’personal opinion at this point in time’ that the ’argument is persuasive that he is a county official.’

He said Russo could request a declaratory judgment to have Lawrence County common pleas court determine whether he is a public official.

After the meeting, Russo said he submitted his resignation from the study commission contingent on whether he is determined to be ineligible. He explained that he would look into the matter himself.

Russo also said he believes Leslie’s opinion was biased to ’kill the commission.’

Last summer, the commission voted 6-5 to discontinue studying various forms of county government. Three weeks later, one member changed his position, and the panel ’ with two members absent ’ voted 6-3 to resume its study. Russo is among those who voted to resume the study.

According to council president Karen DeCarlo, attorney Charles Mansell, the study commission’s solicitor, said there is no conflict.