Feb 14, 2022 4 min read

CHARLEROI – Council approved a separation agreement with former borough manager Joe Manning, as well accepted Manning’s resignation letter at its meeting Wednesday.

The motions were the continuation of a motion approved Jan. 12. At that meeting, council unanimously approved a personnel matter but did not make details public. The vote came after a brief executive session to discuss the matter.

Council President Paul Pivovarnik said at the time that the matter would be made public once it was approved by both parties involved.

Solicitor Sean Logue said at the time that not revealing the details of the motion was not a violation of the Sunshine Law, since it was an agreement on a confidential personnel matter.

However, Melissa Melewski, legal counsel for the Pennsylvania NewsMedia Association, disagreed, saying that a personnel matter can be discussed in executive session but an opportunity for public discussion on the matter had to be provided before the vote was taken.

Pivovarnik reiterated Wednesday that the motion could not be revealed in January.

“We could not disclose it – it was a confidential agreement -until both parties sat down and came to an agreement, ” he said after the meeting. “They worked out the separation and he sent in his resignation.”

No reason was given for the resignation, which took effect Jan. 12.

“We just agreed to part ways,” Pivovarnik said.

Wednesday’s motions to approve the agreement and accept the letter were approved by a vote of 4-3. Voting in favor of each motion were Pivovarnik and fellow council members Larry Celaschi, Cathy Diess and Joe Smith. Voting against were Jeannine Motycki, Nancy Ellis and Jerry Jericho.

“The three of us that voted no think very highly of Joe’s work,” Motycki said Thursday, adding that she was speaking on behalf of Jericho and Ellis as well. “The reason we voted no was because we three have not received (or) seen amounts, the resignation letter. We have not received anything. We didn’t feel it was right to vote on something that we have no knowledge of. According to our solicitor, we are not permitted to disclose any information to the public, but the public also needs to keep in mind that anybody can do a right-to-know (request).”

Council approved a three-year contract with Manning in June 2021 at an annual salary of $60,000.

The position was recommended by the Department of Community and Economic Development during its early intervention with the borough for it to avoid a financial crisis. As part of the agreement, the state was expected to pay a portion of Manning’s salary.

Celaschi asked Wednesday if any money had come from DCED to pay for a portion of the salary.

“We haven’t gotten any of that money,” Motycki responded. “I know that the grant process for that was started. That’s all I can tell you.” Motycki added that the grant process can take some time.

Celaschi questioned why the borough had not received any of the money.

“Has anybody followed up with them?” he asked. “We’re going to have to do some research on that. We expect our money.”

Jericho expressed concern that the separation agreement with Manning might result in the borough losing out on getting that money from the state. But Celaschi said that wouldn’t be the case.

“They can’t penalize us retroactively,” he said. “You entered into an agreement.”

Ellis will work with Logue to contact DCED to see where the money is, when the grant process started and if the borough is due any money from 2021.

“We can advertise (for the borough manager position), but we want to see how much it’s going to cost us and how much are they going to contribute back in, if anything,” Pivovarnik said. “We definitely need a borough manager.”