January 18, 1999

TO: ALL CITIZENS

FROM: OFFICE OF THE MAYOR

SUBJECT: ENVIRONMENTAL CONCERNS AND CHIEF OF POLICE

Fellow Citizens:

I am writing to address two items that have appeared in the news during the last week concerning our town: news about a law firm seeking individuals that may have suffered illnesses attributable to environmental contamination within Gibbsboro and the status of our Chief of Police, Joseph Kownacki. I want to provide you with an update on both issues.

ENVIRONMENTAL CONCERNS

On January 12 an article appeared in the Philadelphia Inquirer that discussed a law firm that was seeking individuals that may have suffered from environmentally induced illnesses resulting from exposure to contaminated sites in Gibbsboro. I want to allay any fears that there is threat from these sites to the general public.

Gibbsboro has published, on numerous occasions, the status of various NJ DEP and US EPA investigations and cleanup activities within Gibbsboro.
Known sites exist 1) the fenced site along United States Avenue ("burn site"), east of its intersection with Foster Avenue, 2) between the Gibbsboro Police Station and United States Avenue, and 3) the fenced site adjacent to the Wawa on route 561. Additionally, I have recently been informed that empirical data suggests that there may be elevated heavy metals along the banks of Hilliards Creek, behind the Post Office at the end of our recently dedicated walking trail. US EPA is awaiting test results. If tests confirm that this site also contains hazardous materials, we will secure it in accordance with US EPA guidance and provide more details in future communications.

Information provided to date by NJ DEP and US EPA, including fact sheets on each site, are available for public review at the Gibbsboro Public Library and in the Borough Clerk's office.

Areas that pose a threat have been secured to the satisfaction of the US EPA. Extensive testing has been undertaken, some cleanup activities have occurred, and EPA and DEP have been negotiating a cleanup schedule with Sherwin Williams. I am not aware of any threat that these sites pose to the general population, providing that citizens respect the fences erected around them. Likewise, I know of no threat posed by these sites to the public water supply. There is no data suggesting that these sites have had any impact on the general public. However, these areas do contain dangerous, heavy metals that must be respected. Please, take a moment to ensure that your children know to respect the fences that surround these sites..

Finally, I am asking the Gibbsboro Environmental Commission to work with me to provide quarterly updates to you in the Town Crier.

STATUS OF THE CHIEF OF POLICE

On December 30, two members of Borough Council notified the Chief of Police that he was not being "reappointed" and that his employment with Gibbsboro would end on January 6, the date of the Borough's 1999 annual reorganization. This matter was never authorized or even discussed by the Borough Council. Several members of Council, including me, learned of this from the Chief of Police or through rumors. Like you, we were not notified or given any reason why this was not discussed at a Borough Council meeting.

Despite concern by many members of Council, including me, about how our police have handled specific situations, the issue is not about whether the Chief of Police should remain in office. There are specific statutes that must be followed when discharging a police officer. Even if the Council could, and wanted to, remove the Chief of Police from office, the actions undertaken by these two members of Council were clearly unlawful and, if unchecked, could have left our town exposed to a potential wrongful discharge lawsuit from the Chief of Police. With that concern in mind, at the annual reorganization meeting on January 6, I asked our Borough Solicitor if she had research the matter. She indicated that she felt the Chief's "contract" could be terminated. My understanding of the law was different than that of the Solicitor, therefore, I asked her to research the matter further and issue a series of formal written opinions on the events that have transpired to date.

On Thursday our Solicitor issued the first legal opinion and has concluded that the Chief of Police is a permanent employee and is not subject to annual reappointment. As a result, he will remain in office. If there are legitimate reasons for his, or any other employee's, removal from office, then the appropriate mechanisms established by the laws of New Jersey must be used. Actions taken without legal basis expose us all, as taxpayers, to litigation that could cost tens of thousands of wasted, taxpayer dollars. By law, all police appointments must be approved by the full Council, not individual members of the Council.