CLARION, Pa. (EYT) — A Clarion Borough Civil Service Commission Hearing on Monday, January 9, will hear an appeal by former Clarion Borough Police Chief Mark Hall who was relieved from his position as borough police chief and was terminated from his position as a police officer on November 15, 2016.
“We will have the hearing on January 9, providing there is not a request for a continuation or rescheduling,” said Jack Troese, Civil Service Commission Solicitor.
There was a 10-day limit for Hall to request a hearing after the original termination, but a rescheduling or continuance was granted until January 9. Troese said Hall’s attorney made the request for an initial continuance but would not provide the name of his attorney.
It is still not clear if the hearing will be open to the public.
“It can be a public meeting, but if somebody requests it to be closed, then it’s closed,” Troese said. “There’s a difference in what the state rules say and what Clarion Borough says. Clarion Borough says the meetings are to be open unless they are requested to be closed by either party. Anything that would be discussed could be called an executive session. If the commission has to discuss something about evidence or need an opinion from me or anything like that, that’s not public, but the hearing is public.”
The Civil Service Commission must announce its decision in a public setting, according to Troese.
The Commission is a separate entity from Clarion Borough Council that took the original action and has its own solicitor. All Clarion police officers have civil service status, and the chief was also granted that protection when he was hired for the position.
Clarion Borough Solicitor John Marshall had a slightly different take on the public nature on the hearing, but emphasized he was not the commission’s solicitor.
“They are not public meetings,” said Marshall earlier. “By statute they are like an executive session. If you look at the borough code under the civil service rules says that it’s to be treated like an executive session unless Mark Hall wants it to be open to the public. I think it was the individual who disciplinary action being taken against has the right to ask that it made public or whatever. I can’t confirm or deny anything.”
Marshall said he really didn’t know if the public would ever know the results of the hearing.
“That I really don’t know. My understanding is the hearing may be held in executive session, but then if there is official action taken, it has to be done at an open meeting. It would be kind of like when the borough council goes into executive session and if there were no official action, they wouldn’t know about it, but in this case, I assume official action would have to be done at an open meeting.”
According to Troese, Hall could appeal an unfavorable decision to the Court of Common Pleas in Clarion County.
What are the charges?
Any charges or reasons for the dismissal of Hall have not been made public except for an indication that it relates to vacation time paid to Hall and Hall having control of the payments.
One Right to Know Request by exploreClarion.com requesting a list of charges or correspondence related to Hall’s termination was denied by Clarion Borough, citing the two following exemptions allowed under the Pennsylvania Right to Know Law:
• “Information regarding discipline, demotion, or discharge contained in a personnel file. This subparagraph shall not apply to the final action of an agency that results in demotion or discharge.”
• “A record of an agency relating to a noncriminal investigation.”
Using information obtained through other Right to Know Requests made by exploreClarion.com, it appears Hall may have made unauthorized payments of over $20,000.00 to himself, but no charges have been filed on behalf of Clarion Borough against Hall in addition to termination from all of his positions.
Gross Vacation Pay paid to former employee Mark Hall:
12/24/2012 — 40 hours — $1,136.80
12/23/2013 – 80 Hours – $2,376.00
07/07/2014 – 80 Hours – $2,483.20
08/18/2014 – 80 Hours – $2,483.20
06/08/2015 – 80 Hours – $2,996.80
08/17/2015 – 80 Hours – $2,996.80
04/25/2016 – 80 Hours – $3,139.20
05/09/2016 – 80 Hours – $3,139.20
Total $20,751.20
2010-2016 W2 Gross Wages Paid to former employee Mark Hall:
2010 – $57,032.15
2011 – $58,543.06
2012 – $61,149.38
2013 – $74,874.21
2014 – $72,660.96
2015 – $86,725.96
2016 – Information Not Available
While the amount of vacation time is not unusual for a long-term employee, the jump in total pay during 2013 through 2015 raises speculation that Hall took the vacation pay and continued to collect his regular salary at the same time.
Hall had the means to do this because he was secretary-treasurer and police chief of the Clarion Borough, giving him complete administrative control. Any deviation of “buying back vacation time” is outlined under contracts and was not authorized.
No discussion on police chief replacement
Clarion Borough Council President Carol Lapinto said Tuesday that there have been no discussions about a replacement for Hall.
Officer Bill Peck continues to serve as acting chief.
Related Articles:
Mayor Suspends Borough Police Chief Hall, Peck Serving as Officer in Charge
Council Votes to Terminate Mark Hall as Clarion Borough Police Chief
