Fri. Mar 29th, 2024

In the aftermath of the dismissal of Tyrone borough manager Nathan George lies the continuing operations of the borough.
George was terminated with cause at a special meeting on Friday. George has taken issue with the dismissal which has been the focus of articles published in The Daily Herald in recent days. He held a position which outlines no less than 23 specific references, according to Tyrone’s home rule charter.
The charter states under 41.8-804, “The borough manager shall be the chief administrative officer of the borough. He shall be responsible to the council for the administration of all borough affairs placed in his charge by order under (this) charter.”
The charter then goes on to list a wide range of duties, including the responsibility and supervision for the activities of all municipal departments. The borough manager is listed as having full charge and control of the police department.
Mayor Patricia Stoner explained how the borough is functioning without a borough manager as well as plans to appoint an acting or permanent manager.
“We have not taken any action on that,” said Stoner. “We will be doing so soon. We functioned for 11 months without a borough manager.”
She was referring to the period of time after the previous borough manager left his position in February 2003 and when George became the most recent manager in January of this year.
During that period, Stoner was the acting borough manager.
“We have really qualified people in all our departments,” said Stoner. “We don’t need to immediately do anything since we have the input of those people.”
Stoner also revealed the borough is planning to issue a statement on the overall issue of George’s dismissal. The borough has been advised not to discuss the issue by its solicitor Larry Clapper.
George has spoken both during public comment and during interviews with the media about what he believed led to his termination.
George has contended his firing was retaliatory for his attempts to use his supervisory powers regarding a borough employee.
George has also contended he believes the borough violated Sunshine Laws by taking action and dismissing him in executive session on June 8.
An official vote on the matter was made in public at the June 11 special meeting. He also has indicated he feels the borough is in violation of its home rule charter by not allowing him to exercise his supervisory duties.
George has retained an attorney but has not decided yet if intends to file suit against the borough.
“It is clear (under the Sunshine Laws) agencies are required to take all official action in public,” said Teri Henning, a media counsel with the Pennsylvania Newspaper Publishers Association.
“Courts have held agencies can cure violations of the Sunshine Act by redoing an action in public,” said Henning. “The vote must be taken in public after permitting comment on the issue.”
Tyrone Borough gave the public, as usual, the opportunity for comment on agenda items at Friday’s meeting. George’s employment status was listed on the agenda.
“From a public policy standpoint, the disclosure of this type of information, when an agency discloses it may have made a mistake and then in public takes action to correct it, instills confidence in the agency and serves the public and the agency’s interests,” said Henning.
On the advice of its attorney, Tyrone borough has made no disclosures regarding George’s termination of employment nor offered any details about any actions it may have or may not have taken in executive session.
Henning went on to note, anyone can challenge a municipality regarding what is believed to be a Sunshine Act violation.
“There is no state agency that enforces the Sunshine Act. These matters are ultimately left up to the courts,” Henning told The Daily Herald.
Henning declined to elaborate on any legal matters concerning employment issues involving George.

By Rick