Mount Carmel had deal to pay Bass $47,182 in comp, vacation time

MOUNT CARMEL - The borough had an agreement with its former manager to pay him more than $47,000 in back "comp" and vacation time.

And although borough council voted unanimously Oct. 28 to fire Joseph K. Bass, it must pay him the remainder of the settlement.

That was the conclusion of a lengthy borough council meeting Thursday night, which included an executive session and then a public vote to approve the payment.

Borough council in 2005 reached an agreement with Bass to pay him $47,182.89 over six years for 1,269 hours of "compensatory time" and 1,443 hours of vacation time accumulated from Dec. 16, 1981, to Feb. 15, 2004. Payments of $7,863.81 were made in 2005, 2006, 2007 and 2008.

A stipulation in the settlement said that, should Bass' employment be terminated, the borough had 30 days to pay the remaining sum. With that, it OK'd paying the final two years, or $15,727.62, by Nov. 28.

Bass was fired after a unanimous council decision, but was not given a reason for the termination. Also fired the same night was longtime borough Treasurer Marian Muldowney.

Bass, employed as borough manager/secretary since 1981, was under scrutiny from a number of council members, but also had his supporters. Late last year, in a split vote, council opened his position, but hadn't taken further action.

That was until last month, when, in a surprise unanimous vote, he was fired. Council indicated only that "new information" was provided that help create the unanimous vote.

The settlement, adopted by a former council in June 2005, was drafted when "an unwritten policy, or past practice, of providing and permitting employees at the management level to accumulate and carry forward compensatory time, which would be paid at time and a half" was eliminated after the state deemed it illegal.

Bass had actually accumulated $49,129.34 in comp time and $37,243 in vacation time - a total of $86,372.34 - but the settlement reduced it to the $47,182.89.

'Stuck with it'

In discussing the issue at Thursday night's meeting, Councilman Leroy Moser wondered how Bass could be paid for something the state deemed illegal.

"I guess if we (the former board) had paid the full amount, it would be twice as much," he said. "We made a kind of deal to make the expenses less."

Since the settlement was signed by both parties, it is binding, Solicitor William Cole told council.

"We're stuck with it," said Mayor J. Kevin Jones.

When Board President Anthony Matulewicz III entertained a motion to pass a resolution detailing the payout, however, nobody said a word for a few seconds.

"Not me," Councilman Robert Barrett muttered.

Matulewicz suggested any action be taken after an executive session.

Shortly after 10 p.m., council went into executive session to discuss "legal and personnel matters pertaining to the former borough manager/secretary Joseph Bass and former administrative assistant/treasurer Marian Muldowney" and "personnel matters pertaining to the Emergency Management Agency Coordinator."

They returned after 11 p.m. to make the unanimous decision to pay the remaining balance.

Council will take the money from the reserve fund and reimburse that fund over two years, said Matulewicz.

Agreement details

The 2005 agreement states Bass will "accept and receive straight time at $25.81 per hour in lieu of time and a half for payment of 1,269 hours of comp time from Dec. 16, 1981, to Feb. 15, 2004, resulting in the payment of $32,752." Furthermore, Bass "will accept and receive payment for 1,443 vacation hours at a reduced rate of $10 per hour" from the same time "resulting in a total payment of $14,430."

At the start of the meeting, Jones asked for a moment of silence for former borough assessor Mae Kozlowski.

(Staff Writer Rachel Carta contributed to this report.)

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