Sharpsburg hires interim borough manager without a public vote

Sharpsburg Council hired an interim borough manager in February during a closed-door session with no public vote in what could be a possible violation of the state’s Sunshine Act, according to a legal expert.

“The law requires that all official action take place at a public meeting, and there’s no exception to that rule,” said Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association. “Hiring, and firing for that matter, is official action.”

“Only a judge can determine if an action was illegal, but the agency is certainly open to potential liability under the act,” Melewsky said.

Borough Secretary Carleen Kusar said March 28 that Jason Dailey’s hiring is not reflected in any meeting minutes and was never “brought to the floor.”

Multiple council members confirmed that the hiring took place in an executive session on Feb. 24. An executive session is a private meeting from which the public is excluded. The state’s Sunshine Act allows for public boards to discuss certain matters in private, such as personnel matters, real estate purchases or legal issues, but no votes can occur there. Votes can only be conducted in open session before the public.

Borough Solicitor Matthew Kalina did not immediately respond to multiple messages seeking comment. Council President Adrianne Laing declined comment.

Dailey was formally introduced as the interim borough manager at a March 24 public meeting. There was no vote prior to the announcement. Dailey’s introduction was listed on the agenda as the third item under Laing’s report. A motion to approve the hiring was not listed.

Dailey’s first official day was March 14.

Councilman Jon Jaso said March 28 via email that he and his colleagues will look into whether a possible violation of the state’s Sunshine Act occurred.

“It was an emergency situation that was discussed at one of our executive sessions,” Jaso said. “But we will research it further, and if we are in the wrong, will correct it during our next meeting in April. There have been no discussions about this (possible violation). This is the first that I am hearing about this.”

Melewsky said: “Some agencies re-do a suspected violation by allowing public comment on the hiring at a public meeting then taking voting again to cure any potential legal issues. When agencies do that, they also typically make clear that they got it wrong the first time and pledge to follow the law in the future.”

Dailey was hired following Bill Rossey’s sudden retirement announcement as borough manager at the onset of the Feb. 24 council meeting. He said he was stepping down for personal and medical reasons. He read a prepared statement shortly after roll call and left, much to the surprise of council members. Rossey’s retirement was effective March 25. However, his last day in the office was March 14 due to accrued days off.

Council adjourned the Feb. 24 meeting into an executive session. Kalina said that there wouldn’t be “any necessary action items” taken during the private meeting. The minutes of the Feb. 24 meeting do not reflect that council came out of that executive session and voted on Dailey’s hiring.

“We had an immediate vacancy,” Councilwoman Carrie Tongarm said on March 24. “We had an executive session at the end of that meeting to discuss what the heck to do. (Dailey’s) a consultant. He came highly recommended from other people we’ve used. We were able to hire him very quickly.”

Tongarm said Dailey has been “wonderful” to work with so far, especially considering the circumstances.

“(He) jumped into a very difficult situation very quickly, and has been outstanding at responding and reacting to everything that’s come with the departure (of Rossey). We’re grateful. He’s doing a great job, and we’re really happy about it.”

Councilman Peter Adams also confirmed Dailey was hired during the executive session. He declined to discuss the details as to how he was selected, but echoed Tongarm’s reviews.

“Jason’s really jumped in, gotten involved (and) taken the time to meet with all of us. It was great to meet him,” Adams said. “As you can see, he is very organized, and we’re looking forward to working with him as we find a permanent manager.”

Jaso said Dailey’s compensation is a little more than $6,000 a month, consistent to what Rossey was being paid.

Council budgeted about $80,000 for a borough manager this year.

Dailey, 47, is the founder of Dailey Operation Consulting and is a winter maintenance instructor with the Pennsylvania State Association of Boroughs.

The 1993 Shaler grad has a bachelor’s degree in political science and government from Waynesburg University and a master of business administration from Point Park University.

He served as Cranberry Township’s public works director for nearly 14 years and a little over a year as its utilities director. Dailey also worked as Crescent Township’s manager from 2000 to 2004 and West Deer’s manager from 2004 to 2008. He said he is excited to be in Sharpsburg.

“There is a ton of activity going on down there that’s positive,” Dailey said. “A lot of investment in the infrastructure. Council is very positive in the projects and programs that they are taking under. It’s just a great overall community. There’s a lot of exciting things going on in the borough right now.”