Sep 26, 2016 3 min read

A Cecil Township supervisor took the stand Monday in Washington County Court, testifying a memorial approved by supervisors for placement in the township park was removed without a public vote.

Cindy Fisher said at the injunction hearing before Judge Michael Lucas that the memorial with the likeness of the late Gary Andreis Sr. was removed in early July without notice to the board of supervisors. Fisher said she heard in private meetings after a public hearing that citizens questioned the contributions of Andreis to the township and claimed the stone was a safety hazard.

“I didn’t take the suggestion to remove it seriously since we weren’t meeting publicly,” Fisher said, “and the next time I heard anything, (it) was from Jennifer Andreis Moninger and how she was told by township officials that they were removing it.”

Moninger sued Cecil Township following the removal early in July. It occurred just months after the board approved its placement by a 4-0 vote in April. Fisher was not present for that vote because of a death in her family.

Fisher said supervisors Chairman Tom Casciola questioned whether a memorial was appropriate for Andreis, who ran and won a spot on the Democratic ticket for township supervisor before his death in August 2015. That sentiment was echoed in a letter sent to media by Casciola in August.

“Chairman Casciola informed (Jennifer Andreis Moninger) that while her father was a good man, and a personal friend, the township could not support a monument because her father did not play a significant role in Cecil Township,” said the letter authored by Casciola.

Fisher testified that there is no policy on file with the township mandating size, appropriateness or validity of park memorials.

“The board did not receive any direction or indication on the size or nature of the memorial,” Fisher said.

The Parks and Recreation Board received preliminary pictures and specifications, according to prior testimony from board chairwoman Shirley Burns. The ongoing legal fight doesn’t appear to have moved the township to take more precaution with similar decisions, said Fisher.

“Perfect example, our meeting (on Sept. 6), same thing, a miner’s memorial (pavilion) on the agenda with no policy, no specifications, was approved. I said I can’t believe we’re going to make the same mistake. It didn’t go through the parks board, it came to us from the historical society,” Fisher said.

Under cross-examination, township attorney Ken Scholtz asked Fisher if she had tried to remedy the situation by getting a motion on the supervisors’ voting agendas regarding the status of the memorial stone.

“I have tried to get a vote on this on the agenda through township Manager Don Gennuso. But Casciola currently isn’t speaking to me, and it’s ultimately (the chair’s) decision what ends up on the agenda,” Fisher said, “and I’m not necessarily opposed to the removal of the stone if a majority of the board feels it should be removed, but it should be done by a public vote.”

At the conclusion of Fisher’s testimony, Scholtz introduced a six-page motion to dismiss the injunction request filed by Moninger’s attorney, Jesse White. Lucas issued a 10-day continuance to allow White to respond to the motion. In it, Scholtz argues White’s motion to have immediate injunction relief – the replacement of the stone memorial – does not meet the prerequisites of immediate and irreparable harm, or that greater injury would result from refusing the injunction.

Fisher said the township has paid $7,500 in attorney fees to fight Moninger’s lawsuit.