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Borough identifies fired police officer |
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Front Page -
Front Page Story
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Written by Larry McGuire and Tom Chapin
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Thursday, 05 November 2009 |
PUNXSUTAWNEY — As per a Right to Know request filed by The Punxsutawney Spirit, the borough has named the police officer Punxsutawney Borough Council fired during a special meeting Tuesday.
Wednesday, the borough reported that the fired officer was Brian Andrekovich, explaining that his termination was a disciplinary action as a result of an internal police investigation.
Council held a special meeting Tuesday evening for legal and personnel issues. Following an executive session, Solicitor Timothy Morris said council had decided to take disciplinary action against (a Punxsutawney Borough Police) officer No. 14289 in the form of termination.
No. 14289 is Andrekovich's Mopec number, issued by the Municipal Police Officer Education Training Commission, which is also known as Mopec, the agency that administers municipal police officers' education and training.
Following the meeting, Council President Susan Glessner said council would not reveal either the officer's name or the reason behind his firing, and that council would make no comments about the issue to the media.
Wednesday, The Spirit filed a Right to Know request with the borough in order to learn the name of the terminated officer. The borough provided the name the same day.
According to The Spirit's legal counsel, the Right to Know Law and the Sunshine Act outline that records reflecting an agency's — in this case, borough council — decision to discipline and terminate a borough police officer must be made public record.
The Sunshine Act requires agencies to take official action at a public meeting, and only after there has been an opportunity for public comment.
The Sunshine Act guarantees the public's right to make meaningful comment on all matters of official action prior to the vote.
The Spirit's legal counsel said that without the name of the employee subject to the vote, the public had no ability to comment, thus defeating the letter and intent of the law.
A personnel executive session does not allow an agency to vote privately or withhold the name of the employee subject to a vote.
Pursuant to the Sunshine Act, the public should have been made aware of the nature of the official action and given a reasonable opportunity to comment before the vote was taken.
Likewise, the Right to Know Law makes agency records reflecting an employee's termination public record.
During council's meeting Tuesday, council Vice-President Donna Lellock made the motion for the termination, which was seconded by council member Roger Steele.
Lellock, Steele and council members Larry Chenoga, Michael Porada, Robert Reesman and William Spencer voted to terminate Andrekovich.
The motion passed 6-0. Glessner abstained from voting because her son-in-law is a borough police officer.
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Last Updated ( Friday, 06 November 2009 )
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