News

March 3, 2008

Ex-top cop, Hazleton settle pension issue

Joseph to get about $35,000 in severance. Package won’t be included in pension figure.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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HAZLETON – City council on Wednesday approved a settlement agreement with a former police chief on a pension issue that had been in dispute for eight years.

The agreement stipulates that James Joseph, who served as police chief under former Mayor John Quigley from 1988 to 1996, would receive a $35,003.32 severance package in four equal installments over four years beginning this July, but the package would not be used in calculating his pension.

Joseph in 2000 sued the city to have the severance package added to his final salary, which would have boosted his initial annual pension by about $4,000 to $25,237.

Joseph joined the department as a patrolman in 1978 and was promoted to lieutenant in 1985. When Michael Marsicano became mayor in January 1996, he appointed former city Patrolman Anthony Franzosa chief and demoted Joseph to patrolman. Joseph retired later that year.

Marsicano refused to pay Joseph for 212 unused vacation days and holidays. When Mayor Lou Barletta took office in 2000, Joseph again asked for reimbursement for those unused days.

Council that year voted to award him the back pay, which amounted to about $35,000, but the money was never paid because Joseph wanted it included in his pension calculations as part of his final salary and sued the city after council denied his request.

According to the settlement agreement, the parties agreed to the settlement terms to avoid the expense of further litigation.

City administrator Sam Monticello said the settlement agreement stipulates that Joseph’s pension will not be affected because the severance package will not be included in his final salary. His monthly pension payment is $1,915.48, which reflects annual cost of living adjustments since his retirement began and the adjustments will continue at 3 percent annually.

After retiring from Hazleton, Joseph served as deputy director and then director of the state Emergency Management Agency. He assumed duties as Assistant Adjutant General, Joint Force Headquarters, for the Pennsylvania Army National Guard in July 2005.

In other business, council:

• Awarded a $35,000 demolition contract for a condemned property at 13-17 E. Green St. to M&J Excavation of Bloomsburg.

• Approved the transfer of a liquor license from Zukowsky’s Cafe at 202 Winters Ave., West Hazleton, to LBJT Inc., owner of the EZ Stop on South Poplar St. in Hazleton Heights.

• Reappointed Stephanie Pcolinsky to the Planning Commission; Allyne Petryliak, Angelo Cusatis, Monica Barletta and George Ator to the Shade Tree Commission; John Paletski and Timothy Farley to the Zoning Hearing Board; Dr. Timothy Dittman to the Health Board; Gary Danish to the Civil Service Commission; and Patrick Capece to the Housing Authority.

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