Jan 17, 2020 5 min read

A new court filing is the most recent link in a chain of events that has divided Donegal Township and caused explosive emotions to rock its meetings.

The township filed civil action Wednesday against the Donegal Township Police Officer’s Association, requesting a declaratory judgment stating that the recently approved police contract be declared illegal and a “nullity.”

“We only filed this to preserve the issue,” said Lane Turturice, the township’s newly appointed solicitor. “The township has no intention of moving forward with that litigation, unless the police union tells us they’re unwilling to cooperate with reentering negotiations or make any concessions or changes to the agreement.”

The four-year contract – retroactive for 2019 through 2022 – was approved by a 3-2 vote at a township meeting Dec. 30, two days before newly elected supervisors, Richard Martin and Richard Fidler, would take over and shift the board’s majority vote.

Turturice had previously represented Fidler and Martin in December when the supervisors-elect filed an injunction in an attempt to prevent the “lame duck” supervisors from taking action on the contract. County Judge Michael Lucas denied the injunction, stating that he wouldn’t “interfere with the legislative process” before they take any action.

“If they do something illegal, we’ll do something at that point,” he had said in court.

It was approved with votes from Supervisors Kathleen Croft and Ed Shingle and former Supervisor Tom Greaves. Supervisor Tammi Iams and former Supervisor Doug Teagarden voted against it. Now that the board majority is changed, three of the supervisors, Fidler, Martin and Iams, are trying to reenter negotiations, according to the court filing for a declaratory judgment.

The filing states that the previous board approved the contract “illegally” at the last minute “in an effort to bind the new board of supervisors before it was seated in January 2020.”

“It wasn’t their place to sign a new contract at the 11th hour to bind up the new board,” Martin said in an interview.

Turturice said those three supervisors have “a list of issues” to address in the contract. At the reorganization meeting Jan. 6, they hired a special labor council to help with those negotiations.

The contract doesn’t specify how many officers are covered or the total cost to the township over the life of the contract. It does have a wage rate schedule for full-time and part-time officers as well as for the chief’s position. There is also an addendum to the contract for the police chief, a position currently held by John Yancosek. The contract provides him a salary of $52,665 for 2019, with increases up to $59,467 in 2022.

At the Jan. 6 reorganization meeting, after appointing Turturice, the majority supervisors, Fidler, Martin and Iams, voted to advertise Yancosek’s position, a decision met with loud dissent from Croft, Shingle and the audience. Shingle made a motion to reappoint Yancosek as chief, but it wasn’t passed.

“People in Donegal are very passionate about Johny Yancosek and the police force,” Croft said in an interview. “They love the police in our community.”

Turturice said Yancosek would have the opportunity to reapply for the position.

“The township supervisors, all five of them, have no desire to get rid of the police department,” Turturice said in an interview.

The reorganization meeting, which was recorded in segments and posted on the Donegal Township-Unofficial Facebook page, was chaotic at times and had little order.

At that meeting, the board voted 3 to 2 to advertise a new position of township manager, which didn’t please members of the audience, Croft or Shingle, who cast the no votes. It also decided to advertise the secretary/treasurer position, which had been held by Sharon Balach, who left the meeting after that motion passed. Croft and Shingle wanted to reappoint Balach.

“I think Sharon’s doing a fine job and I think it’s a slap in the face to her,” Shingle said.

Turturice said both Yancosek and Balach were asked to remain in their positions until the hiring process is complete and appointments are made.

“The chief has agreed to do that, but the secretary/treasurer has decided to leave,” Turturice said.

Martin said the animosity and division of the township is being fueled by the Facebook page, on which was recently advertised a support rally for Yancosek held Tuesday in Claysville. Martin said Croft and her constituents “stir people up” against the new board majority.

“Some of the past supervisors as well as some of the current supervisors are not happy with the results of the election,” Martin said. “They were saying we wanted to abolish the police and fire department, but that’s not true.”

Croft said her biggest concern is that the board listens to the people of Donegal and that they have “a voice.”

“I was elected by the people of Donegal, and I believe in doing what the people of Donegal want,” she said.

Martin and Turturice said the board, or at least the majority of the board, is working on a resolution or policy that addresses conduct at township meetings and potentially offer consequences for those who don’t adhere to it.

When asked about the lack of order and yelling that takes place at meetings, Croft said, “That’s Donegal Township.”

“This is what happens in Donegal when people feel they’re not being heard,” she said. “It’s not good to trample free speech, and I’m worried that’s where it’s headed next.”

The next Donegal Township meeting is 7 p.m. Monday.