Charleroi failed to seek ordinance in firing
If Charleroi council wants to abolish the borough manager’s position, it must do so by ordinance, its solicitor acknowledged.
But that likely won’t avoid the inevitable, said Councilman Larry Celaschi Jr. who voted with the slim majority to terminate Donn Henderson.
By a 4-3 vote, council voted during a meeting Thursday to eliminate the borough’s manager position and axe the current office holder Henderson.
Celaschi along with Frank Paterra, Randy DiPiazza and Ed Bryner voted yes, while council members Debbie Buck, Jerry Jericho and Paul Pivovarnik vocally opposed the moves.
Henderson said state borough code The Office and Powers and Duties of the Borough Manager, signed into law July 7, 2011 by then-Gov.Tom Corbett, states, “The council of any borough may, at its discretion at any time, create by ordinance the office of borough manager and may in like manner abolish the same.”
“I don’t need a law degree for that,” Henderson said.
Charleroi Solicitor Alan Benyak said simply, “Donn is right.”
Benyak said he was not asked for a legal opinion concerning dissolving the borough manager position before the vote was taken. He was merely asked when in the meeting that the votes could be taken. He also noted, when asked by Councilman Paul Pivovarnik, that the matter could be tabled.
Benyak said if he had been asked that night the proper procedure for eliminating the position, he would have told council he would research it and get back to them.
“The role of the lawyer is not to put your two cents in unless you’re asked,” Benyak said.
Henderson said council failed to meet the point of law that the public has the right to have input into decisions involving a major change in the way the borough does its business.
“In a basic form of representative government, the people get to know in advance what the governing body is considering and get a chance to have their opinions heard,” Henderson said. “They didn’t follow the law (Thursday) and myself and the people did not know that this major change in borough government was going to occur.”
Henderson said the council thus did not terminate him.
“If you can’t trust the people we elect to uphold the laws, what’s the purpose of government in general?” Henderson said.
But Benyak said he believes Henderson was “defacto fired.”
“That’s what they intended to do,” Benyak said.
Benyak said by borough code, approved Dec. 30, 1980, the borough manager is employed at will and can be fired at any time without being given probable cause.
“This is not going to change anything absent of someone changing their mind,” Benyak said.
Celaschi concurred.
“I guess we have to wait for our next meeting,” Celaschi said. “But I don’t think that changes anything. It does not change the way four councilmen voted.”