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News (Media Awareness Project) - US PA: Lawsuit May Be Next In Ellwood City Rift
Title:US PA: Lawsuit May Be Next In Ellwood City Rift
Published On:2007-08-30
Source:Beaver County Times, The (PA)
Fetched On:2008-01-11 23:28:43
LAWSUIT MAY BE NEXT IN ELLWOOD CITY RIFT

ELLWOOD CITY - Accusations continue to fly in the battle between
Ellwood City Mayor Don Clyde and borough council over management of
Police Chief Richard McDonald, and the matter could soon be headed to court.

On Thursday, one day after a closed-door meeting with four council
members to try to resolve the dispute, Clyde denied accusations made
against him, including that he interfered in a drug arrest, and made
accusations of his own that McDonald overstepped his authority. He
also announced a plan to sue the borough to regain power council has
stripped of him.

Glenn Jones, council president, said Wednesday that charges had to
be dropped against a drug suspect because the mayor tampered with
evidence. He softened it Thursday to say the mayor possibly
invalidated a search warrant, saying an attorney for the female
suspect, who was not identified, said he saw Clyde opening cupboard
doors looking for evidence during a search last summer. He said the
mayor does not have the authority to participate in a police search,
which means any evidence gathered could be ruled inadmissible.

Clyde responded that he was present when marijuana plants were
located and that all he did was watch the front door at the request
of an officer while that officer watched the back door. At the time,
Clyde said, a second officer was in the process of obtaining a
search warrant for the house. Clyde said he was in the house while
it was searched, but he denied participating.

Jones, who was in the closed-door meeting with council members
Anthony "Lefty" DeCarbo, a former borough police officer; Tony Court
and George Celli; Clyde; borough solicitor Edward Leymarie Jr.; and
Clyde's attorney, Thomas Leslie, also accused Clyde of trying to
keep McDonald from obtaining his police officer's identification
number from the Municipal Police Officers Education and Training
Center, which is used to certify him.

Clyde denied interceding and accused Jones of "having problems with
the truth." Clyde said he did contact the training center to ask
about the status of McDonald's identification number, which he said
he has the right to do under the state's borough code.

Clyde said he made the call because he wondered why a number was not
assigned after McDonald took the certification exam in July. He said
this is an issue because of "liabilities and legalities" of McDonald
performing duties of a police officer without being certified.

Clyde said the center told him McDonald should not be involved with
the interrogation of prisoners and with interviewing juveniles or be
involved with juvenile records. He said the center also told him the
chief should not be operating a police cruiser with the lights and
siren on, which Clyde said he has been observed doing. Another point
made by the center, according to Clyde, was that McDonald should not
wear a uniform, which he does not. McDonald could not be reached
for comment Thursday.

According to Clyde, Jones took the attitude that Clyde should not be
checking on the chief's identification number and that council does
not want to lose McDonald as chief and doesn't want the mayor to
have anything to do with possibly causing him to leave.

"It amazes me ... they are trying to strip me of my power," Clyde
said, even though he noted he and council have had their differences
since he took office a year and a half ago.

Clyde said he has no problem with McDonald, but he plans to go to
court to clarify his duties as spelled out in the borough code.

"It's a shame the good people of Ellwood will have to pay the legal
expenses" he said, adding it will be "costly to pursue" the case.
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