Pubdate: Thu, 30 Aug 2007
Source: Beaver County Times, The (PA)
Copyright: 2007 Beaver County Times
Contact:  http://www.timesonline.com/
Details: http://www.mapinc.org/media/2449
Author: Mark E. Crepp, Calkins Media
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

LAWSUIT MAY BE NEXT IN ELLWOOD CITY RIFT

ELLWOOD CITY - Accusations continue to fly in the  battle between 
Ellwood City Mayor Don Clyde and borough  council over management of 
Police Chief Richard  McDonald, and the matter could soon be headed to court.

On Thursday, one day after a closed-door meeting with  four council 
members to try to resolve the dispute,  Clyde denied accusations made 
against him, including  that he interfered in a drug arrest, and made 
accusations of his own that McDonald overstepped his  authority. He 
also announced a plan to sue the borough  to regain power council has 
stripped of him.

Glenn Jones, council president, said Wednesday that  charges had to 
be dropped against a drug suspect  because the mayor tampered with 
evidence. He softened  it Thursday to say the mayor possibly 
invalidated a  search warrant, saying an attorney for the female 
suspect, who was not identified, said he saw Clyde  opening cupboard 
doors looking for evidence during a  search last summer. He said the 
mayor does not have the  authority to participate in a police search, 
which  means any evidence gathered could be ruled inadmissible.

Clyde responded that he was present when marijuana  plants were 
located and that all he did was watch the  front door at the request 
of an officer while that  officer watched the back door. At the time, 
Clyde said,  a second officer was in the process of obtaining a 
search warrant for the house. Clyde said he was in the  house while 
it was searched, but he denied  participating.

Jones, who was in the closed-door meeting with council  members 
Anthony "Lefty" DeCarbo, a former borough  police officer; Tony Court 
and George Celli; Clyde;  borough solicitor Edward Leymarie Jr.; and 
Clyde's  attorney, Thomas Leslie, also accused Clyde of trying  to 
keep McDonald from obtaining his police officer's  identification 
number from the Municipal Police  Officers Education and Training 
Center, which is used  to certify him.

Clyde denied interceding and accused Jones of "having  problems with 
the truth." Clyde said he did contact the  training center to ask 
about the status of McDonald's  identification number, which he said 
he has the right  to do under the state's borough code.

Clyde said he made the call because he wondered why a  number was not 
assigned after McDonald took the  certification exam in July. He said 
this is an issue  because of "liabilities and legalities" of McDonald 
performing duties of a police officer without being  certified.

Clyde said the center told him McDonald should not be  involved with 
the interrogation of prisoners and with  interviewing juveniles or be 
involved with juvenile  records. He said the center also told him the 
chief  should not be operating a police cruiser with the  lights and 
siren on, which Clyde said he has been  observed doing. Another point 
made by the center,  according to Clyde, was that McDonald should not 
wear a  uniform, which he does not. McDonald could not be  reached 
for comment Thursday.

According to Clyde, Jones took the attitude that Clyde  should not be 
checking on the chief's identification  number and that council does 
not want to lose McDonald  as chief and doesn't want the mayor to 
have anything to  do with possibly causing him to leave.

"It amazes me ... they are trying to strip me of my  power," Clyde 
said, even though he noted he and council  have had their differences 
since he took office a year  and a half ago.

Clyde said he has no problem with McDonald, but he  plans to go to 
court to clarify his duties as spelled  out in the borough code.

"It's a shame the good people of Ellwood will have to  pay the legal 
expenses" he said, adding it will be  "costly to pursue" the case.
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MAP posted-by: Beth Wehrman