Questions surround timing of vote for new Harrison police chief

The Harrison Commissioners didn’t break the law but they appear to have violated the intent of the state’s Open Meetings law when they voted during last week’s agenda meeting to hire the township’s new police chief, according to an attorney for the PA NewsMedia Association.

“Residents and taxpayers expect and deserve certainty and standard practice, and when an agency strays from its customary policies and practices, the public can be put at a disadvantage and may be cut out of the decision-making process,” according to Melissa Melewsky, media law counsel for the association.

The commissioners unanimously voted May 16 to hire Sgt. Brian Turack, 35, as chief.

A graduate of Kiski Area High School, Turack lives in Harrison. He earned a bachelor’s degree in Administration of Justice from the University of Pittsburgh and completed the IUP Police Academy.

Turack will replace outgoing Chief Mike Klein, who has served for 29 years as head of the force.

The vote was not illegal.

The Open Meetings law, also known as the Sunshine Act, allows an agency to take official action at any meeting that has been properly advertised in advance and has an agenda available to the public, Melewsky said.

The agenda for the commissioners’ May 16 meeting, posted on the township’s website, includes an item to appoint Turack as the new police chief.

But the timing of Harrison’s vote on the new chief could give the appearance of impropriety, Melewsky said.

In practice, most local governing bodies hold two meetings per month: an agenda meeting in which officials decide what items they need or want to take action on, and a regular voting meeting at which those items are brought up for official action and voted upon.

In a few communities, those meetings are held on the same day, one immediately after the other. Most communities, including Harrison, schedule them a week or more apart.

“If an agency has a policy or practice of not taking action at agenda meetings and only at regular meetings, they should follow their own policy or practice,” Melewsky said.

If the situation demanded immediate action, the township should explain the urgency so the public understands the need to act, she said.

Contacted Wednesday, Commissioner Chuck Dizard declined to comment on the timing of the hiring, saying he doesn’t set the agenda.

Township Manager Amy Rockwell said the board voted May 16, their normal agenda-setting meeting, rather than waiting until their regular voting meeting, which was Monday, to give the new chief as much time as possible to prepare for his transition.

Rockwell said it is not unusual to vote at the agenda meeting on items needing to be addressed.

Multiple calls and emails to Commissioners Jamie Nee and Eric Bengel, and township Solicitor Emily Mueller, about why the vote for a new chief was held at an agenda meeting were not returned.

Chairman Gary Meanor often works out of the area and also could not be reached.

Turack was hired effective May 17, but doesn’t officially start the chief’s job until July 1.

He has been with the department since 2012 and will be paid $106,000 a year. There is no contract length, Rockwell said.

Turack was not available for comment because he was not on duty Wednesday.

Prior to joining the Harrison force, he worked full time for the University of Pittsburgh campus police, and before that, for other departments part time. During his time at Pitt, he was a patrolman on the motorcycle unit and obtained training for the Special Emergency Response Team, Rockwell said.

Dizard supported Turack, calling him an exceptional officer and person.

He was among six candidates from the township’s department — half of the 12-member force, not including Klein — who applied for the job. There were no outside applicants.

Dizard said the interview process was comprehensive for all six candidates, most of whom are in the same age range. A detailed application was followed by a series of interviews, Dizard said.

“I’m pleased to support (Turack) without reservations,” Dizard said. “He is an active resident in township events. With ongoing support and the necessary resources, he will do a great job as chief.”

Commissioner Jim Erb said Turack has become a “hometown guy.”

“He treats the residents and business owners with respect,” Erb said.