Aug 13, 2022 4 min read

A Washington County judge transferred control of Donora Police Department’s evidence room and any evidence and police files it contains to the district attorney’s office on Friday.

District Attorney Jason Walsh filed an emergency petition for the transfer, citing concerns that the evidence room was padlocked by council and the only keys were held by police Superintendent James Brice and Councilman Joseph Greco.

On Thursday night, a majority of council voted to place Brice on paid administrative leave, but did not go into detail about why the move was made.

Walsh’s petition noted that borough police Chief Neal Rands said he has concerns about active investigations because the lock precludes officers from storing evidence, and they cannot access the room to retrieve evidence for criminal cases.

In addition to evidence, the room also includes investigative reports, videos, photographs and recordings, some of which is confidential.

Walsh said the state’s Criminal History Record Information Act (CHRIA) protects investigative information from being disseminated to those who are not authorized members of law enforcement.

“Councilman Joseph Greco is neither a law enforcement officer or a criminal justice agency, nor is he in ‘full charge and control’ of the Donora Borough Police under the borough code,” Walsh wrote. “Greco’s possession of one of the sole means of access to evidence and investigative materials under the CHRIA is unauthorized by statute.”

Judge Michael Lucas granted the petition, ordering police and municipal officials to turn over any keys to county detectives by 10 a.m. Friday.

“For right now, (the evidence) will stay (in the locker) and be under our custody and control until it can be inventoried, and then the situation can be rectified,” Walsh said Friday.

Mayor Don Pavelko and Councilman Thomas Thompson took their concerns to Walsh on Thursday, the same day Greco, council President Michael McDowell and council members P. Jane Ackerman, Gilbert Szakal Jr. and Fred Berestecky voted to place Brice on administrative leave.

Thompson voted against the motion, and Brice’s wife, who is also on council, abstained.

Before the vote was taken, emotions were high as audience members expressed their displeasure with the motion, prompting McDowell to use his gavel several times.

“This town is sad,” and, “We all better just move,” were among the comments shouted from the audience.

At one point, Pavelko stepped away from his seat on the council dais and spoke from the podium residents use to address council.

“This is the most despicable act I’ve ever seen,” he said. “(Brice) has done more for this borough than anybody, myself included, on this council. Jim Brice has been a pillar of this community for 38 years and you just slapped him in the face.”

Despite being pressed on why the move was made, council members said little.

“It’s in the hands of lawyers,” McDowell said.

Pavelko asked Greco if he had a problem with Brice.

“There’s an investigation going on,” Greco said. “When the facts come out, he may be cleared, he may not be cleared. It’s not up to us.”

Pavelko also claimed an “illegal” Loudermill hearing took place in which Brice was not notified of the proceeding nor was an explanation offered of the reason the action being considered given to him, among other things.

Thompson asked why he and some other members of council were not notified of the hearing, held to give an employee an opportunity to defend themselves before adverse employment action is taken. McDowell said they were.

“It was done wrong,” Thompson said. “You’re messing with a guy that is probably the most respected guy in Donora.”

Thompson made a motion to bring Brice back immediately, but the motion went no further.

“This is illegal what you are doing,” he said. “You don’t care about these people. You’re bankrupting Donora with money we’re spending on legal fees.”

Brice was in the audience, and when asked for comment after the meeting, said his attorney advised him not to comment, but did utter the word “unbelievable.”

The police department has been a subject of much discussion since council reactivated the police chief position in August. That position had been deactivated for about 40 years. Rands was promoted from patrolman to police chief in October, a move seen as a succession plan for when Brice retires.

Pavelko, a councilman at the time, said that move wasn’t necessary because he didn’t feel Brice would leave without notice.

Brice’s paid administrative leave took effect Wednesday at 9 a.m. He has been with the department since 1980 and has been police superintendent for 33 years.