Legal Fees Cause Rift in Schuylkill Township

The Schuylkill Township Board of Supervisors meeting got off to a hectic start on Wednesday evening as there was a dispute about legal fees charged when one supervisor filed a prior suit against two others.

At the board’s August meeting, the board Supervisor Laurie Williams and along with the censure resolution, another resolution was passed requesting her resignation within 48 hours. Williams was present for the earlier portion of that meeting but did not stay for the board’s executive session and was not present when the remaining members voted to unanimously pass the censure and resignation motions.

Following Williams’ receipt of the censure and resignation resolutions, she had Chairwoman Barbara Cohen and Board Member Jim Morrisson served with a notice to prosecute for making “false and malicious claims” about campaign sign theft, trespassing and other misdeeds. The notice to prosecute requested $60,000 in damages.

Williams later withdrew the case and has requested that the board withdraw the censure and resignation resolutions. On Wednesday evening, following a motion for consideration of the consent agenda, Williams began disputing the $6,794 in costs incurred from the township’s defense of Cohen and Morrisson.

Solicitor William Brennan, whose office billed the township $1,935 for the case, said that the action Williams took was “against the supervisors in their capacity as supervisors for actions taken as supervisors.” He said he was required to defend Cohen and Morrisson as township solicitor.

“The law requires indemnification of those supervisors so it’s my opinion that the payment by the township is required,” Brennan said.

Williams said the lawsuit was for “Jim and Barbara’s slander and libel of me,” and Brennan asked if she was referring to the lawsuit she filed and withdrew.

“I withdrew because I thought they were going to end their slander and libel and they have not,” Williams said.

Cohen tried to calm the discussion.

“I think I’d like to continue with the meeting,” she said.

“The taxpayers need to know that Mr. Brennan charged the taxpayers $1,935 to defend Jim Morrisson and Barbara Cohen saying that I stole 92 signs, that I trespassed on property,” Williams said. “I’m innocent of all charges.”

Williams said in addition to the money charged by Brennan’s office, Scottsdale Insurance Company also submitted a bill for $4,858.80 regarding the case.

“I’m innocent of all charges and the taxpayers should not pay a $6,393.80 bill that I privately sued Jim Morrisson and privately sued Mrs. Cohen,” Williams

“The payments were made necessary as a consequence of your filing that lawsuit,” Brennan said.

Williams called him “greedy,” and Brennan again pointed out that he was required to help defend Cohen and Morrisson.

“The law requires indemnification and the lawsuit should never have been filed in the first place,” Brennan said.

A vote was taken on the consent agenda, with Williams the lone opposing vote, and Williams was told that the treasurer’s report—not the consent agenda—was where the supervisors voted on bills to be paid.

Prior to his report, Board Treasurer Fred Parry said the bills for the legal defense shouldn’t have been discussed in public.

“We started out this township meeting with some confusion and some conflict,” Parry said. “I think you should be advised that a major portion of what’s gone on in the last eight or 10 minutes is really executive session material.”

Brennan instructed the other board members to continue with the meeting despite what he called Williams’ “entirely out of order” behavior.

“Mrs. Williams’ conduct … is entirely inappropriate. She’s a member of the board so she’s entitled to be seated; however, she should not be permitted to interrupt and obstruct a public meeting,” Brennan said.

Parry said again that the discussion on the legal bills should be done during private executive session and not in public.

“I think it’s a lot of personal matters that we don’t really need to bring up to the rest of the public,” Parry said.

He continued with the treasurer’s report, and after the report, Williams asked him to make a motion to go into executive session to discuss the two bills. When Brennan tried to interject, Williams interrupted him.

“This is a board run by the board not by our lawyer,” Williams said.

Cohen said that Brennan was there to give legal counsel to the board. Brennan advised against going into executive session to discuss the legal bills.

“Under the law, you’re not permitted to go into executive session on any matter that you decide to go in on,” Brennan said.

Only pending litigation, personnel matters and potential real estate purchases can be discussed behind closed doors, Brennan explained.

“It is inappropriate for the board to go into executive session just because it’s a matter that they’d rather not discuss in public,” Brennan said.

Williams said the matter was pending litigation, and Brennan said the suit had been withdrawn and therefore was not pending.

A vote was taken to pay the bills, and it ended up at 4-1, with Williams opposing.

The next time the supervisors will gather is Dec. 21 for a public budget meeting at 7 p.m. in the township building.