Donora retains Brice, repeals ordinance
By KRISTIE LINDEN
klinden@yourmvi.com
Donora residents turned out Thursday night and filled every seat in a socially distanced banquet room meeting to support police Superintendent Jim Brice.
They were there because two weeks ago Mayor Jim McDonough sent Brice a letter demanding that the 40-year veteran retire in accordance with an ordinance that council started to repeal a month ago.
Some residents carried signs with messages such as “I support Jim Brice #respect” and “We need JB.”
At the outset of the meeting, Councilman Don Pavelko, who made the original motion to repeal the ordinance, moved for council to vote for the second, and final, time to repeal.
McDonough asked for a chance to speak and said he was sworn to uphold all ordinances, regardless of who they affect.
Because Pavelko said in that initial meeting that he wanted to repeal it because it violates the Age Discrimination Act, McDonough brought the matter to Solicitor Steve Toprani, who said the act doesn’t apply to police departments.
“We had multiple discussions with council, with the solicitor present, asking if it’s not illegal, then why are you repealing it?” McDonough asked. “Is there an answer for that?”
Councilwoman Jane Ackerman said when the original law was passed 41 years ago, 65 was an old age.
“In 2020, it is not. Now people are living to be 100 years old,” Ackerman said as the crowd erupted into applause. Someone shouted “Amen!”
McDonough said his problem with the repeal is that “if the intention is to protect one person who is affected by this ordinance, this repeal doesn’t do that. It is only repealed from this point forward.”
McDonough asked Toprani if that was true and the solicitor said council expressed its intent and the repeal is an “outright repeal.”
“Our solicitor told us this could be a legal matter, I can’t just take this at face value and I have to protect this borough,” McDonough said. “So what had happened was Mr. (Joe) Greco (former council president) and I sought counsel of our own, Mr. (Todd) Pappasergi.”
Pappasergi is solicitor for the City of Monongahela, the Charleroi Regional Police Board and the Authority of the Borough of Charleroi.
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