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WILKES-BARRE — Mayor Tony George gave his conditional support for an outside review of the police department called for by some council members as the rift between the union and the chief widened over the disciplining and possible termination of two officers.
The mayor Wednesday said he stands behind Chief Marcella Lendacky, the target of complaints and criticism about her lack of qualifications from the Police Benevolent Association even before George appointed her to run the department last year.
“There is nothing to investigate,” George said, adding it comes down to the union being upset with the way that Lendacky manages the department.
But the mayor set conditions on the independent review that council chairwoman Beth Gilbert and councilman Bill Barrett supported in response to the union’s renewed request for an investigation of the chief and department.
“I have no problem with a review, as long as they (the PBA) pay for it,” the mayor said Wednesday.
“We can’t afford it,” George said of his attempt to balance this year’s general fund budget amidst the city’s financial struggles.
The mayor, a former city police chief, said he also wanted a say in who does the review. “We have a right to approve whoever they get.”
Earlier this week, Gilbert said she was in favor of an independent investigation after Sgt. Phil Myers, president of the PBA, and Officer Dan Duffy, a former Scranton police chief who joined the department in 2014, were disciplined for allegedly posting confidential information on the union’s Facebook page in April.
The posts were critical of a department directive from Commander Ron Foy on accessing internal reports, a policy the union said made officers’ jobs more dangerous because they were unable to have information to solve and prevent crimes. One of the posts also said “there is strong evidence (Chief Lendacky) has altered police reports.”
In May, Myers and Duffy were notified they were the subjects of an internal investigation facing discipline and possible termination. That month, the PBA filed an unfair labor practice complaint with the state, stating the posts did not compromise confidential information as alleged by the department. Last Friday, the PBA confirmed the officers were disciplined.
On Wednesday, Gilbert said she and Barrett, another former city police chief, are making headway on locating outside help.
“Bill Barrett and I are looking into a firm that has been recommended by contacts in the (state Office of Attorney General) and by upper law enforcement officials that would conduct an independent investigation and assessment of the entire department,” Gilbert said.
She also was trying to determine how to introduce legislation for the investigation at the next council meeting Oct. 5.
“Since the mayor appointed the chief, and the inquiry would inherently involve his appointment, I am not sure exactly what the procedure would be. In theory, his action could present a conflict if he has to approve or veto,” Gilbert said.
The city charter authorizes council to conduct investigations, but it must be approved by way of ordinance that requires majority approval at two separate readings. A resolution could be done at one meeting.
Either way, the mayor should get behind the inquiry because it’s time for an outside entity to get involved, Gilbert said.
“From my viewpoint, the mayor really has no choice but to welcome an investigation or inquiry since management has failed under his leadership,” Gilbert said.
