Tuesday, July 16, 2019

Sparks Over Conflict, New Police Chief in Upper

Photos by Evan Brandt

20 YEARS OF SERVICE: Upper Pottsgrove Commissioners Chairman Trace Slinkerd and Commissioner Elwood Taylor were all smiles at the beginning of Monday's Commissioners meeting when Taylor was presented with an award for his 20 years of service on the board. A little later in the evening, things got less cordial.


Francis Wheatley
Because the laws of physics dictate that I cannot be in two places at one time, I was not at the commissioners' June 17 meeting. I have a pretty good excuse. My wife was getting surgery.

Nevertheless, the news stops for no one and apparently I missed some. Turns out that's the meeting where Police Chief Francis Wheatley announced his resignation.

According to the minutes of the meeting, he has accepted a job as chief in Upper Dublin Township, which is closer to where he lives. Township Manager Michelle Reddick said his last day was June 28.

According to the minutes "the chief wanted the public to know that he was not looking for a new position; a job opened up in the town where he grew up and started his law enforcement career and they reached out to him to apply for the job to replace the retiring chief of police."

At the same meeting, Upper Pottsgrove Police Corporal Al Werner was unanimously appointed appointed acting chief.

Wheatley said Werner has 18 years with the department, is working through his master's degree and has attended leadership and management classes, including one through the FBI. "The chief said he feels very comfortable leaving Corporal Werner in charge," according to the minutes.
Cpl. Al Werner, right, was named Acting Police Chief .

“I feel I was called back home,” Wheatley said about his new job in a recent interview with Montgomery News.

(This is where I point out that Montgomery News is owned by the same company that owns The Mercury and if we didn't reduce staff at the company like it was our only job, someone might have alerted us to the departure of the Upper Pottsgrove Police Chief ... But I'm not bitter.)

Commissioners Chairman Trace Slinkerd said the township asked Wheatley to be involved in helping
to choose his replacement.

The post was advertised in a chiefs of police magazine and and Wheatley and Reddick went through "stacks of resumes," Slinkerd said. "We asked them to recommend three candidates," Slinkerd said.

Those three interviews were conducted during a closed-door executive session before Monday's meeting. Slinkerd said the commissioners hope to make a section this month.

Wheatley was hired in 2015 and during his time in Upper Pottsgrove oversaw the hiring of three new officers,increased security in the police building, purchased new rifles and handguns and oversaw the installation of a new computer server, according to the minutes.

A Conflict Over Conflict

The other item of interest last night is a bit more nuanced.

The board discussed a proposed resolution which would prohibit township commissioners from being voting members of other "township boards, commissions or committees as well as other non-profit organizations that receive monetary contributions from Upper Pottsgrove Township."

Depending on who you ask, it is either an attempt to avoid the "appearance of conflict of interest and undue influence;" or "a personal slap in the face."

Commissioner Elwood Taylor, who earlier in the evening shook hands with Slinkerd upon receiving an award for 20 years of service, said he thought it ironic that the same night, Slinkerd would be engineering what he described as a personal attack on him.

"I can't help but think this is aimed at me," said Taylor.

In addition to being a longtime member of the planning commission, Taylor was also recently appointed to the board of the non-profit group Green Allies, which runs the Althouse Arboretum and which does receive an annual contribution from the township.

So too does the Pottsgrove Parks and Recreation Board, of which Commissioner Renee Spaide is a member. So although this resolution could potentially affect that position, Spaide was quick to point out that the parks and recreation board's establishing document requires a township commissioner from each of the three townships which comprise it.

And while the resolution could potentially affect Vice Chairman France Krazalkovich's position on the township's fire committee, the re-structuring to that committee he himself has proposed conveniently includes a requirement that at least one commissioner be a member of the fire committee.

Solicitor Charles D. Garner Jr. confirmed that the resolution contains "an exception" when the board on which a commissioner is serving requires the presence of a township commissioner.

Commissioner Martin Schreiber's position on the Civil Service Commission would also be in conflict with this resolution. It would also prohibit him from holding a seat on the board of directors of the fire company, which also receives funding from the township.

Slinkerd, who seemed to indicate he was speaking for the majority of the board, said he would expect that Schreiber and Taylor to resign from their respective boards once the resolution is adopted in October.

"It's the feeling of majority of board should that commissioners should serve on just one board, it's not punitive," Slinkerd said.

But, as Taylor noted, the resolution does not have the power to force them to. Township Solicitor Charles D. Garner Jr. confirmed that once you are appointed to a township board or commission, you serve out your term unless you resign, or are removed through a formal process, and usually only for extreme misconduct.

He also pointed out that the Pennsylvania township code makes provisions for and allows commissioners to serve on the planning commission.

"I take personal slight at this, practical slight at this. It's ironic this comes up on day I receive a plaque for 20 years of service. It's beyond the pale, I'm offended," said Taylor. 

"I can't believe you made this a personal issue," responded Slinkerd. "Are you so important that we can't live without you on the planning commission?" he asked Taylor.

Taylor also pointed out that using "conflict of interest" in the resolution has a legal meaning. It refers to someone who is benefiting personally and financially, from their position.

Garner also confirmed that is how the state's ethics act defines conflict of interest. 

Given that he is actually expected to give money, not get money by serving on the Green Allies board, and is unpaid as a member of the planning commission, "which is advisory only," Taylor said he objected to the suggestion that he needed to be removed because he was somehow benefiting financially from the roles.

"It could be seen as a huge appearance of conflict of interest to be on board of non-profit that is lobbying commissioners for taxpayer money," said Krazalkovich.

Slinkerd said Taylor is welcome to attend all the planning commission meetings and offer as much comment as he wanted. "You and I both know that being a member provides you with much more information," said Taylor.

"Ah, so you're talking about the undue influence then?" Slinkerd responded. "It's about knowledge," Taylor replied coldly.

And on that chilly note, here are the Tweets from the meeting:

No comments:

Post a Comment