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that he had just spoken with
‘Fowler's physician, who told
"him it’ was up to Fowler to re-
lease the records.
“We've been vigilant at trying
to get these records; this is our
original request going back
‘three months now. We've been
fighting tooth and nail to get
these tests and receive these re-
iports,” said Moskovitz.
{| Garvey and others have al-
leged' that Fowler's health isn't
‘the main reason for the leave.
Fowler's enforced sick leave
comes after a year of intense
antagonism between Mayor
Timothy Carroll and Fowler that
has included an arbitration
brought by Fowler over his work
‘schedule, a letter of reprimand
against Fowler by Carroll for
not turning over a key to the
police department, a three-day
suspension of Fowler and a Civ-
il Service Commission appeal of
at suspension.
Most recently at the January
5 council meeting, accusations
were exchanged between coun-
cil's vice president John Oliver
“Until we prove he’s
fit for duty, we can’t
return him to duty.”
Joe Moskovitz
Dallas Borough Manager
and Garvey about who should
take responsibility for the
mounting legal bills the issues
are causing. Garvey accused
the borough of spending the
money to retaliate against and
intimidate Fowler. Oliver said
council is trying to protect the
people of Dallas Borough.
Carroll said he couldn’t speak
freely about the subject because
it was a personnel matter. He
did say, however, that it was a
“second letter from Fowler's
doctor that was of concern (the
first notified the borough of the
need for sick leave time). We re-
quested him to do the testing.”
“I expect him (Fowler) to be
back soon,” said Carroll.
According to Moskovitz, the
borough’s actions in this matter
are a direct response to the
chief's request for sick leave.
“We didn’t just pull that out of
the air,” said Moskovitz. “He
(Fowler) took the time off be-
cause he said he was stressed
out. Until we prove he’s fit for
duty, we can’t return him to
duty.”
In the meantime, the borough
has been operating without a
chief of police since November
4.
One Dallas Borough police of-
ficer who didn’t want to be iden-
tified said it has been difficult
on the department while Fowler
has been away. He said usually
there are two officers scheduled
for the day shift, but now they
are down to one. “It's a strain
somewhat, but we're doing what
we need to do,” said the officer.
Moskovitz said James Martin
has taken over as the officer in
charge while Fowler is out.
“The department has been
running smoothly in his ab-
sence,” said Moskovitz.
Borough
(continued from page 1)
had been advertised in “last
week's Dallas Post,” for one
week, as well as the Times
Leader, Citizens. Voice and Sub-
urban News.
Matt Reinert, borough solicitor
commented, “The borough has
30 days to fill the vacancy;
were dealing with a tight time
line.”
The motion to appoint Appel
passed 5-01; Garvey abstained
from voting. He later said that
he “didn’t want personal reasons
to influence his vote.”
Also at the meeting, it was an-
nounced that Bill Kupstas sent
a letter declining an appoint-
ment to fill the Civil Service
@ position left vacant
e to Phil Zachary’s resigna-
tion. William Peiffer nominated
Barbara Barnes to fill the posi-
tion.
Garvey made a motion to
nominate Don Cooper for the
pcsition, but failed to gain ¢ a sec-
ond for the motion.
The motion to appoint Barnes
passed, 4-1, with one absten-
tion. Garvey voted against the
motion and Barnes abstained.
“Garvey said’ he 'voted against
Barnes because he felt there
were other, more qualified indi-
viduals.
Following the commission ap-
pointment, Kathy Kupstas,
@ president, responded to
ecember article in the Citi-
zens’ Voice.
“In the article Mr. Garvey stat-
ed we might already have a
hand-picked crony and went on
to remark that the majority of
the council is involved in ha-
rassment of the police chief.
SCI-Dallas reaccredited
Thomas Lavan, Superinten-
dent of the State Correctional
Institution, Dallas, (SCI-Dallas)
has been reaccredited by the
American Correctional Associa-
tion. The institution passed this
reaccreditation with 100 percent
mandatory standards and 97.2
percent of the non-mandatory
standards. Mr. Kenneth Bur-
nett, Accreditation Manager, and
Mr. George Matthews, Co-Ac-
creditation Manager, coordinat-
ed and helped prepare the insti-
tution for its reaccreditation.
“It was after all,
Mr. Garvey, the
chief's initiative that
started all of this.”
John Oliver
Council Vice President
These remarks are misleading
and untrue,” said Kupstas.
Kupstas “invited the public to
investigate the council's record
and evaluate their accomplish-
ments.” Kupstas cited road and
storm water work, work on the
recreation center, the visioning
effort as well as the “outstanding
work” of the borough manager.
Garvey responded to Kup-
stas’s ‘comments by accusing
council of using thousands of,
borough dollars to, among other
things, harass Fowler.
“I do feel that since Dallas,
Borough, as of tonight's bills has
spent $14,183.26 on legal fees
against chief Fowler to be, in my
opinion, harassment, retribu-
tion, retaliation,” said Garvey.
Garvey acknowledged the good
works the borough has accom-
plished but said he would n-
stand for any intimidation L_
the council of anyone, including
himself. “Our people have
worked very hard but I will be
vocal against any intimidation
against our police department,
our road crew or even a mem-
ber of council,” he said.
John Oliver, vice president of
council, responded, placing the
blame for the legal bills on
Fowler.
“It was after all, Mr. Garvey,
the chief's initiative that started
all of this; that’s why were 15
grand in the hole because we
keep defending ourselves legally
against his grievances.” Oliver
pointed out that another griev-
ance was recently filed.
“He has resisted any attempt
at mediating or negotiating any-
thing,” said Oliver, “so it is noth-
ing but demagoguery (for you) to
sit there and make those kinds
of comments.”
Garvey said he would leave
those decisions for the arbitra-
tors to figure out.
In other business:
e Council announced that new
federal storm water manage-
ment regulations require the
borough to apply for a National
Pollutant Discharge Elimination
System permit by March 10 of
this year. The Department of
Environmental Protection stated
in a letter sent to the borough
that the new regulations require
the borough to develop and im-
plement a storm watér manage-
i1ent program within the five-
. year permit period.
e The borough received a letter
from the executive director of
Dallas Area Municipal Authority
that announced the borough will
receive a $5,000 contribution to-
ward it's spring cleanup pro-
gram.
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pi olhie from page 1) Buildin 9 (continued from page 1)
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