CLEARFIELD – The issues between Clearfield Borough Council and the Mayor of Clearfield Borough appear to be headed to court.
On Thursday night Clearfield Borough Council Chairman Jim Leitzinger read a letter from Mayor Patty Gilliland’s attorney that threatened legal action against council if they did not rescind their actions taken regarding security at the police station and the police chief’s contract. The letter states that if council does not its actions, a motion for preliminary injunction will be filed.
The letter states:
“I have convinced the Mayor to give the Borough one last opportunity to address this matter without involving the court system. Should the Boroughrefuse to rescind the March 19, 2008 Immediate Directive within ten (10) days of the date of this letter, immediately provide the Mayor full and unfettered access to the Clearfield Borough Police Department, and eliminate section 2.12 of the Chief of Police’s Employment Contract, I will have no other choice but to file the Motion in order to protect the Mayor’s rights and ensure her ability to carry out her official duties.”
The letter was signed by Glenn J. Smith of CGA Law Firm, dated June 10, 2009.
Council replied with a statement read by Leitzinger. The statement touched upon the March 19, 2008 action, stating that, “Council did not adopt the policy to impinge upon anyone’s duties; rather we were concerned with the safety, security and privacy of our police department. We are responsible to protect evidence, insure privacy, and make officers of the court, and only officers of the court, accountable for materials in the police station.
“The existing policy permits access to the front of the building and access to the balance of the building with a police escort. The new policy approved by Council makes significant changes within the office floor plan. Among some of the more significant changes is that now, non-uniformed personnel will be permitted in most of the outer area of the building. The current floor plan creates a core area for equipment, records, evidence, and allows officers to perform their desk work. This area will be accessible with a police escort and attendees must sign a log book prior to entry.
“Mayor Gilliland is requesting full, unsupervised, unlimited and unconditional access to the Clearfield Borough Police Department, its police files and records. Part of the reason for the new policy approved by Council was made to accommodate Mayor Gilliland within reasonable parameters. We have expressed that the policy is non-discriminatory and includes all elected officials, the Borough Operations Manager, as well as the public.”
The statement then goes on to address the issues with the police chief’s contract, and ends as such:
“To date, the Clearfield Borough has expended fees to Council Solicitor Kim Kesner of approximately $1,000 to deal with the threat of litigation on this issue. Pursuant to section 1117 of the Borough Code, in the case of a legal dispute between the mayor and council, the mayor is authorized to employ outside council at the borough expense, not to exceed $2,500 in any 12 month period. The Borough is expecting additional expenses in order to resolve this matter; however, we stand firm on our decisions.”
On March 19, 2008, Clearfield Borough Council enacted a security policy for the police station that prohibited anyone outside the working staff of the Clearfield Borough Police Department to enter the department’s secured areas without a police escort. At no time shall any person outside the sworn officers of this department and the clerical staff be permitted within the secured sections of the building unless they have an escort of uniformed personnel, clerical staff or the chief of police.
On May 21, 2009 council approved the chief’s contract, which designated to the chief or his designee the ability to schedule the staff in his department.
According to the Borough Code, the mayor has the power to direct the police chief and the police force. It states that, “where council has designated the duties of each rank, the authority of the mayor extends only to how the officer is to perform the council-prescribed duties.”
At that meeting all members of council present voted to approve the chief’s contract, save for Kathy Catherman. Catherman said after voting “no” that she did not have enough time to review the whole contract.
Council also recently agreed to reorganize the inside of the police station.
Members of council nor the mayor offered comment on the issue during the meeting.