The following is a statement issued late yesterday morning from Tyrone Borough regarding its actions involving the dismissal of former borough manager Nathan George.
George has contended he was fired in violation of the state’s Sunshine Laws at an executive session on June 8. Council voted in public on the issue and terminated George with cause at a special meeting held on June 11. The motion on the issue noted the action was effective immediately.
George has also contended the borough was in violation of its Home Rule Charter for not letting him exercise his powers as the borough manager. He’s claimed council actions were retaliatory in response to his attempts to use his supervisory duties and powers involving another borough employee.
Tyrone Borough’s statement in its entirety:
“On Friday, June 11, 2004, the Council of the Borough of Tyrone met at a special meeting, advertised in compliance with the Pennsylvania Sunshine Law, including posting of the notice at the Borough Municipal Building, to among other matters of business, discuss personnel matters relating to the employment of the Borough Manager. The Borough, also in compliance with the Pennsylvania Sunshine Law, does not disclose details of individual employment issues, however, certain statements made about the process relating to the actions of the Borough need to be corrected.
“Contrary to reported statements that the manager was “fired” at an executive session of Council held on Tuesday, June 8, 2004, the motion adopted by Council at the special public meeting stated that the manager’s employment was terminated “immediately” (June 11, 2004) and “with cause.” The executive session of June 8, 2004, was lawfully held pursuant to the Sunshine Law to discuss employment issues regarding the Borough manager. At no time prior to the public Borough Council meeting of June 11, 2004 did Borough Council take official action concerning this matter or communicate that such action had been taken.
“Reported statements, regarding among other things, failure to provide due process, are misplaced. As required under the Pennsylvania Sunshine Law, official action on the discussion held in the executive session of June 8, 2004 took place at a public meeting on June 11, 2004. Additionally, pursuant to the Home Rule Charter, the “Council may remove the Borough manager at any time with cause.” The termination of the Borough manager’s employment, therefore, was in accordance with applicable law and regulations.
“Reported statements have been published regarding the basis for Council’s decision. Council flatly rejects those claims. As previously stated, Council’s decision to terminate the manager’s employment was “with cause.” Council, however, in compliance with the Pennsylvania Sunshine Law, and based on advice of legal counsel, will not discuss the specific details of the reasons that formed the basis of the “cause” to terminate the employment of the Borough manager. Despite this limitation, all involved parties, including the Borough manager, are keenly aware of the reasons for Council’s decision. The decision of Borough Council is not a reaction to one incident, but rather is a response to a number of situations that occurred over a period of time.
“In conclusion, the Borough’s actions to terminate Mr. George’s employment complied in every respect with applicable law including, but not limited to the Pennsylvania Sunshine Law and the Borough’s Home Rule Charter.”
