After nearly eight months, Tyrone Borough has reached a settlement agreement with its former manager, Nathan George, who was fired by the municipality in June of last year.
The decision was announced at last night’s regular borough council meeting and was approved by a unanimous vote after the issue was presented to the council by solicitor Larry Clapper.
Mayor Patricia Stoner commented briefly on the settlement during the meeting. She termed it a “severance pay” rather than a settlement.
After the meeting, the mayor and Clapper were asked to comment on the settlement. Clapper said he could not divulge any details of the agreement because it included a confidentiality clause. The mayor offered little additional or substantial comment after the meeting due to the confidentiality clause.
The mayor and Clapper were asked about expenses the borough incurred to deal with legal ramifications which followed George’s dismissal.
Clapper said the borough had used a $5,000 deductible associated with its general liability insurance. He declined to give further details, but it could be inferred the borough had spent the $5,000 on legal fees involving the matter.
The Daily Herald has made an open records request to learn the details of the agreement and costs associated with it. Word of whether or not the request had been approved by the borough had not been received by press time.
George contended he was fired during an executive session in violation of the state’s Sunshine Laws three days prior to a June 11, 2004 special meeting which was open to the public. The law requires municipalities to take official action such as dismissal during a public session. The borough contended his firing was “with cause” and was effective immediately after the council voted in public on the issue at the special meeting.
George also contended the borough had fired him because of how he dealt with personnel matters as well as issues involving borough employee morale and projects which fell under his domain.
During the June 11 public meeting, George said, “I believe it is a direct retaliation discharge, based on my refusal to comply with council, mayor and solicitor (Larry) Clapper as directed as to my working relationship with executive secretary Kim Murray who was under my direct exclusive supervision and control,” said George. “I also believe council is retaliating against me for suggesting the borough follow its charter, in operating a council management form of government.”
George retained a Hollidaysburg employment attorney, Joseph Cavrich, to work on his behalf. A lawsuit was commenced against the borough and there were legal filings from both sides and a closed door meeting with a county judge. However, a formal complaint on behalf of George was never filed.
This morning, The Daily Herald contacted George in Emporia, VA where he works in the city manager’s office. He declined comment, citing the confidentiality clause in the agreement. He was also asked questions about his new job and again declined to comment.
George was told Tyrone council had approved the agreement. He said he was unable to comment on the news, adding only that he wanted to put that “chapter” of his life behind him.
George was hired by Tyrone Borough in December of 2003 and began work in January of 2004. George came to Tyrone from Elkhorn, Neb., where he had been involved in municipal government.
After the January 2004 meeting where George was introduced, Mayor Stoner spoke positively of him, saying at the time, “He has impeccable credentials and a great personality for a small town.”
Since George’s departure, the borough spent several months without anyone in the manager’s position until last month, when Sharon Dannaway, a five-year member of council, was appointed interim borough manager. Dannaway had to take a leave of absence from her council position to accept the interim manager’s job at an annual salary of $40,000.
Council is expected to revisit the manager’s position by mid-year at the latest. If Dannaway were to be named permanent borough manager, she would be required to resign her council seat.
