Kennett Twp. officials deflect questions on chief's retirement deal

Residents questioned township supervisors in a Chester County township Wednesday night, at a special meeting called to address allegations that officials made a secret deal to keep paying the longtime police chief after he retired.

In a lawsuit filed last week against Kennett Township and the former chief, Albert McCarthy, Michael Hammon contends the supervisors signed a retirement pact with McCarthy on May 7, but never publicly discussed or voted on it, violating Pennsylvania's Sunshine Act.

Supervisors and their legal counsel would not answer questions Wednesday about whether the agreement violated the Sunshine Act or why the agreement was not approved at a board meeting. They said they could not discuss active litigation.

"The Board of Supervisors is not going to litigate this case in public," said David Sander, the township's legal counsel.

He said the agreement's nondisclosure clause was standard for such matters.

The board voted retroactively to approve the agreement and the payments to McCarthy that have been made under it.

About two dozen residents spent nearly an hour asking questions. Supervisor Scudder Stevens asked residents to wait for more facts to come out.

"I'm well-satisfied that when this is finished . . . it will not create a transparency problem," he said.

The agreement, which Hammon's lawyers got through an open-records request and a copy of which was obtained by The Inquirer, stipulated that the parties "will not disclose or discuss, other than with legal counsel, the existence of this agreement or any of its terms."

In return, McCarthy agreed to retire as of May 1 and not to revoke his retirement letter. The agreement also stipulated that the township manager would limit future employment references for McCarthy to dates of employment, position held, salary, and confirmation that he retired voluntarily.

The lawsuit alleges that the agreement will cost local taxpayers more than $45,000.

McCarthy did not return a call for comment Wednesday.

In an interview, Supervisor Richard Leff compared the agreement to the private sector, where, he said, "it's not unusual when someone leaves a position to have appropriate compensation as a retirement package."

Township Manager Lisa Moore said she could not comment.

The deal came less than a month after McCarthy, who spent four decades with the Kennett Square and Kennett Township police forces, crashed his patrol vehicle into Hammon's car.

No charges were filed in the accident. He had previously rear-ended another vehicle after suffering a seizure in 2011.

Minutes from supervisors meetings from April to July show that there was no discussion of the retirement agreement.

The apparent secrecy raises questions about governmental transparency in the 7,600-resident township. State law requires government agencies to conduct business at open meetings.

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