The Herald, Sharon, PA Published Saturday, Jan. 26, 2002

SOUTH PYMATUNING TOWNSHIP

Supervisors reach settlement in decade-long Flaherty case

By Erin Remai
Herald Staff Writer

South Pymatuning Township supervisors have reached a settlement with former township police Capt. James Flaherty, a decade after an action that led to his termination.

At a special December meeting, supervisors agreed to pay Flaherty a $60,000 settlement.

Supervisors also read a statement at the meeting reading, "The township recognizes the consensus with Judge (Michael J.) Wherry's decision that the dismissal of Mr. Flaherty of a township police officer was not proper."

Flaherty will receive $30,000 up front, $15,000 in May and $15,000 next year, said Supervisor Burt DeVries.

"It's time we put this behind us and move on," DeVries said Friday.

Supervisors fired Flaherty, a former police chief and captain, on May 20, 1996, after Flaherty turned in a semi-automatic rifle which he took from an evidence locker in 1992 and returned two years later.

Flaherty then appealed the matter to Mercer County Common Pleas Court, where Judge Michael J. Wherry reversed the township supervisors' decision and remanded it back to the township for further proceedings, said attorney John Reed, Sharon, who represented the township in the case.

On June 20, 2000, supervisors fired Flaherty again, and Flaherty again appealed to common pleas court. Wherry decided against the supervisors on the decision to dismiss Flaherty, and the supervisors filed an appeal to the Commonwealth Court in Pittsburgh, Reed said.

Wherry had determined that 90 days suspension without pay was the appropriate disciplinary action, not termination, DeVries said.

Supervisors, Reed and Flaherty's attorney, William McConnell, Sharon, went into mediation with Commonwealth Court Judge Emil Narick last fall, DeVries said. Narick worked out a compromise between the township and Flaherty, Reed said.

Flaherty was originally seeking his old job and back pay. His re-instatement was not part of the settlement.

DeVries said Flaherty's back pay and attorney's fees could have added up to more than $100,000.

DeVries said three years ago supervisors started a reserve fund to prepare themselves in case of a loss, which was where the first $30,000 is coming from.

Flaherty is in Florida, DeVries said.



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