Kiski Township erred in withholding details of police chief's severance, legal expert says

The Kiski Township Board of Supervisors accepted Lee Bartolicius’ resignation as police chief Wednesday night, but residents — and even some officials — still are in the dark about the circumstances of his departure, including severance pay.

That made informed public comment at the meeting difficult, possibly spelling legal trouble for the township, according to Melissa Melewsky, media law counsel for the Pennsylvania NewsMedia Association.

Melewsky said the state’s Sunshine Act doesn’t require municipalities to provide the reason for discharging or demoting someone, but the financial details are fair game. By keeping these terms hidden, officials may have exposed themselves to an invalid vote.

“I do see a problem with the fact that the details of the settlement were not announced prior to the vote,” Melewsky said. “The residents and taxpayers there shouldn’t be forced to guess.”

Supervisors have offered scant details about Bartolicius’ status since news of his suspension broke late last month.

Supervisors Chairwoman Brittany Hilliard, who took office this year after campaigning on a platform of transparency in government, rebuffed several inquires from residents at the board’s latest meeting, claiming officials couldn’t comment on personnel matters.

She provided the same answer to TribLive on Friday.

All other township supervisors, as well as Bartolicius, did not return requests for comment. Township solicitor Ryan Fritz also did not respond.

The Armstrong County District Attorney’s Office said it also has had trouble reaching Fritz.

“The office is unable to provide a statement with regards to the alleged suspension of Chief Lee Bartolicius, as District Attorney (Katie) Charlton has not yet been made aware of the circumstances surrounding it,” the District Attorney’s Office said in a written statement. “District Attorney Charlton has reached out to the township solicitor and is awaiting a response.”

North Apollo Mayor June Kilgore also is seeking answers. The borough pays Kiski Township $58,000 a year for police coverage, and the contract is up for renewal at the end of this year.

At the meeting, she noted it has been a tumultuous few years for the department, including a mass resignation in 2022, which left Bartolicius as one of two officers in the department.

“I am wanting to see things improve if we are to go forward because it can’t continue this way, that every two years there is a problem with the police,” Kilgore said. “Please be transparent to your constituents as much as you can.”

When asked whether any parties had agreed to nondisclosure agreements, Hilliard did not provide a direct answer, repeating that she couldn’t comment about personnel matters.

If there is a gag order in place, it could violate the First Amendment, according to Melewsky.

“If the government is saying to its supervisors, staff and police chief that you can’t talk about this, I think that raises some significant constitutional concerns,” Melewsky said.