Leadership shakeup on Donora council
By KRISTIE LINDEN
klinden@yourmvi.com
Donora council changed its leadership Thursday and repealed a 40-year-old ordinance that likely would have forced the retirement of police Superintendent Jim Brice.
Councilman Don Pavelko made a motion to repeal borough ordinance No. 1181 of 1979 because it is “contrary to federal law,” specifically the Age Discrimination Act of 1967.
Mayor Jim McDonough asked what the ordinance was and then-council President Joe Greco asked to see a copy.
Pavelko said he would give him a copy after the vote.
“How can I vote on something I don’t know what it is?” Greco asked.
McDonough asked if it was the ordinance regarding a mandatory retirement age of 65. When Pavelko said yes, McDonough asked why the motion was being made.
Pavelko said it violated the law against age discrimination and McDonough asked Solicitor Steve Toprani if it was true. Toprani asked to see Pavelko’s documentation.
“Is it your contention that any ordinance that fixes a mandated retirement age would be in violation of the statute?” Toprani asked.
Pavelko replied it’s unlawful to deprive anyone of their job due to their age.
Greco asked Toprani if that applies to civil service jobs such as police, and Toprani said it’s a complicated area of the law.
“Would it fall to someone after the repeal rather than someone who’s already in that window for over a year?” Greco asked Toprani.
The only person the ordinance currently applies to in the department is Superintendent Jim Brice.
Greco asked if the borough would be liable “for having (Brice) here. Can he continue to make arrests? It’s been 10 months since he’s been over the age of 65.”
Councilwoman Cindy Brice, Jim Brice’s wife, said repealing the ordinance is not for one person.
“There has been no name mentioned,” Councilwoman Jane Ackerman said. “We’re talking about repealing that ordinance.”
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