GILBERTON - Suspended Gilberton police Chief Mark Kessler and the borough have reached a settlement agreement that will pay Kessler $30,000 and which considers him as "separated from his employment and voluntarily retired."
The agreement was signed at 4 p.m. Thursday in the office of attorney Joseph P. Nahas, Frackville, who represents Kessler. In addition to Nahas, others in attendance were Kessler, Mayor Mary Lou Hannon, borough council President Daniel Malloy and attorney John G. Dean with the law firm of Elliott Greenleaf & Dean, which served as the borough's special counsel in the Kessler matter.
Hannon was called Friday and asked about the settlement, but said that the settlement precludes any comments from borough officials, Kessler and the attorneys.
"All I can say is that it has been amicably resolved," Hannon said.
The controversy involving Kessler began last year in mid-July when he posted two homemade videos to the Internet website YouTube that showed him firing automatic weapons and using profanity in his comments opposing a United Nations treaty on arms regulation and the support of the Obama administration treaty.
On July 31, the borough council suspended Kessler for 30 days without pay due to his alleged use of borough weapons without permission in the videos. Kessler has repeatedly said that he donated the weapons to the borough and had the right to use them without permission from any borough officials. When the 30 days was up, the borough council extended the suspension indefinitely. Kessler had entered into an employment contract on Dec. 20, 2010, with Gilberton to serve as chief of police for a term of five years.
The borough council was also considering Kessler's termination as police chief. As per his rights under the state's Police Tenure Act, he demanded a public hearing. The hearing was held on Oct. 10, 2013, at the borough building. The hearing lasted about 90 minutes, with only one person examined and cross-examined by attorneys on both sides. It ended when someone accidentally dropped a semi-automatic pistol on the floor. The handgun did not discharge, but the attorneys on both sides, along with the hearing master, agreed the hearing should be suspended and eventually moved to a venue where security is available. The continuance of the hearing was not held.
When asked about the settlement, Kessler, 42, said he was bound by the confidentiality clause in the agreement not to speak about it. He did address the possibility of a reality show, though there are few details at this time.
"I guess you can say that I've been courted by several different production companies around the country," Kessler said. "My last two choices were Powderhouse Productions in Connecticut and Relativity TV in Hollywood, California. I signed with Relativity TV two days ago. I sent their paperwork back two days ago. We're going to develop some kind of a show right now. The working title is 'The Chief Kessler Project.' We'll be moving forward on that. It's going to be interesting."
Nahas said that the negotiations were very professional in reaching the agreement.
"Chief Kessler, who had served the community for 13 years, was at the point that he felt he wanted to settle the matter so as not to be a burden on the public he swore to serve and protect," Nahas said Friday. "We went into negotiating an agreement. We came to terms with the borough. I think both parties conducted themselves in an exemplary manner. Mr. Kessler is retired and he's going to be moving on to the things that he's going to be doing, and the borough will be moving in a positive direction. It was a good, amenable and cordial process."
The 12-page agreement includes the following stipulations:
- The borough will pay Kessler a total of $30,000 to be distributed in the following manner: $7,000 as a first payment on a mutually agreed date, followed by 11 payments of $1,000 each mailed to Kessler on the third Friday of each month, followed by eight payments of $1,500 each on the third Friday of each month.
- Kessler withdraws his demand for a public hearing and will discontinue all legal efforts concerning Peter Santilli and the alleged nonlicensed use of radio program material.
- Gilberton will not challenge any attempt by Kessler "to obtain unemployment compensation or any other lawful form of welfare pursuant to a social entitlement program, and, to the extent necessary and possible, the parties will consider and regard Mr. Kessler as separated from his employment and voluntarily retired."
Kessler must abide by the following "Special Terms" in order to receive the installment payments:
- Kessler cannot initiate any contact (written or spoken communications) with past and present members of Gilberton borough council, borough mayor and employees and their respective family members, and he cannot attend in person any Gilberton meetings and cannot remark publicly though social media forums and broadcast media information regarding the settlement agreement or about any former, current and future Gilberton officials, whether elected, appointed or duly employed, regarding the settlement agreement.
- At the time of the first payment, Kessler must return all items of borough property in his possession (Mopec card, police car keys, badge, uniforms and other items). At that time, Kessler will receive any personal possessions in the borough's possession.
- If Kessler fails to adhere to any of the "Special Terms," from "the date this settlement agreement is executed until the end of time," it will be constituted as a breach of the agreement and Gilberton will have the right to cease making payments and have the right to demand Kessler refund the borough any payments already made to him.
- The borough must make payments on time and in full, and if it fails to do so, Kessler has the right to reinstate all actions against the borough, and Gilberton will waive applicable statute of limitations defenses in such an event, and Kessler has the right to demand a lump sum payment of all remaining payments.
- In consideration of the $30,000 settlement, Kessler "releases and forever discharges Gilberton and all of its predecessors, successors, affiliates, employers, past and present employees, officers, commissioners, councilpersons, mayors, etc ... claims, counterclaims, demands, debts, liabilities, accounts, damages, reckonings, obligations ... whether known or suspected, unknown or unsuspected, anticipated or unanticipated, direct or indirect, fixed or contingent, which exist, may exist or have existed from the beginning of the world until the date of the settlement agreement. In turn, the borough releases Kessler from all of the same conditions.
- Each party "warrants that from this date forward, he/she/they/it will not make any comments, public or private, regarding this settlement agreement, including the amount of the settlement, other than the matter has been amicably resolved."
- Kessler has 21 days from the date he receives a copy of the settlement agreement to consider entering into it. He also has the right to revoke the agreement within seven days of its execution by submitting a written notice of the revocation to attorney Dean. The settlement agreement will not become effective or enforceable until the expiration of the seven days.