Pennsburg Borough Council renewed its efforts Tuesday to remove Phil Gazan as solicitor of the Upper Perk Police Commission.
The elected officials voted unanimously during the public workshop meeting to request Gazan's resignation from the commission in a letter. The borough's three representatives on the police commission will also refuse to approve any legal fees submitted by the solicitor.
Pennsburg officials said their new policy will take effect at Monday's police commission meeting.
Kris Kirkwood, the president of Pennsburg council and the vice chair of the police commission, admitted that the timing of the vote, which occurred at the end of Tuesday's workshop meeting and following an executive session, would probably tear the scab off the wound regarding the conflict between his community and East Greenville officials over Gazan.
"We just decided there is too much tension over the solicitor, and we wanted to end it now," Kirkwood said after the meeting. "We'll deal with the consequences as they come. It's pulling the commission apart."
According the Kirkwood, Pennsburg council does not have confidence in the solicitor's services.
He expressed hope East Greenville officials would "understand our position." Kirkwood said Pennsburg officials were holding off on this decision with the hope the situation could be resolved.
"We decided to do what we had to do," Pennsburg's council president said.
In April, a motion offered by a Pennsburg commissioner to fire Gazan failed along municipal lines.
Prior to the vote, Kirkwood accused Gazan of failing to properly share information with officials from Pennsburg in the present and the past, billing the commission for issues related to an anonymous police donation last year for five months after the issue was concluded, allowing insurance issues to drag on longer than necessary, failing to make sure insurance carriers adhered to their contractual obligations, billing Pennsburg officials for asking questions about billing issues, relying on Chief Michael Devlin to answer questions asked of him in regards to personnel manners and procedures and representing Sloyer in a bankruptcy procedure.
In June, John Mansfield, a Pennsburg resident, confirmed that Gazan represented Ryan Sloyer's wife in civil case initially filed Dec. 31, 2008. According to Mansfield, the lawyer defended Aricia Sloyer in the Montgomery County Court of Common Pleas against a credit card company, listed on the county website as Capital One Bank USA NA trying to collect money from her over a card she never possessed.
Mansfield said his daughter won the case. An award of arbitration findings for Aricia Sloyer, listed as the defendant, was mailed by the court on May 20, 2010, according to the same website.
In early May, Pennsburg Mayor Vicki Lightcap stated that borough officials will continue working to replace Gazan as the commission's solicitor.
"We intend to keep the pressure on, ask questions and make an issue of any problems we see," Kirkwood said during the same meeting. "We have the right to do it."
At last month's police commission meeting, Kirkwood shut down a request by Gazan to discuss his alleged prejudice against the borough.
During the old business portion of the July 25 meeting, the solicitor asked the commissioner to present any evidence, related to issues of privilege, it might have "so we can settle this."
Initially, Kirkwood said Gazan was not entitled to the information.
"The issue is closed," said Kirkwood, the president of Pennsburg Borough Council. "That's all you are going to get."
Specifically, Gazan asked for Kirkwood to provide evidence supporting seven claims that the solicitor displayed a bias towards East Greenville.
"You are not entitled to get them," Kirkwood said. "Our (borough) solicitor has advised us to say this issue is closed. Besides, all the information is public."