File under who’s on first and comings and goings – One chief leaving, old chief suing…good thing East Whiteland always has someone to spare for Malvern Borough….
Chief Mark Ercole will leave the Malvern Police Department in June, and it’s not clear who will take his place.
At a Borough Council meeting Tuesday night, Malvern Mayor Jerry McGlone said that Ercole had “respectfully requested that the borough not re-up the contract.” Ercole was an EWPD lieutenant when the borough and East Whiteland Township struck a one-year contract in 2012 for his services as police chief.
The borough is pursuing a similar contract with East Whiteland Township to bring another EWPD officer on as chief, but no plans have been finalized.
By Richard Ilgenfritz
The former Malvern police chief who was fired from his position last year has filed a federal lawsuit against borough and both sides are due in court Wednesday for a hearing in front of federal District Judge Joel H. Slomsky.
In November, Michael McMahon filed suit in federal court in Philadelphia naming the borough of Malvern, the individual members of the borough council and the mayor as defendants.
Wednesday morning both sides were scheduled to appear in court for a hearing on the borough’s motion to dismiss on grounds that McMahon failed to state a claim in the lawsuit.
In the suit, McMahon, through his attorney, Brian M. Puricelli, claims that the borough officials violated McMahon’s civil rights under the first and 14th amendments to the United States Constitution as well as Article I of the Pennsylvania Constitution, the Pennsylvania Whistle Blower Statute, and the Pennsylvania Workers Compensation act.
“The Borough acted negligently, grossly negligently, recklessly, purposefully, intentionally, and/or with deliberate indifference, causing and proximately causing injuries and harm to McMahon,” the complaint reads in part. Among the claims McMahon is arguing is that he was wrongfully terminated and cites a conspiracy on the part of borough officials….McMahon, a retired Philadelphia police officer for 26 years, was hired by the borough of Malvern to be its police chief in 2001, according to the civil complaint filed by McMahon. Prior to going to Malvern, McMahon was also a police chief in Coatesville for three years. According to his complaint, McMahon was being paid $91,000 a year with an additional $1,000 a month for health insurance at the time he was fired.
Well look on the bright side, they have a farmers’ market come spring time and maybe some day developer Eli Kahn will run for mayor…..and if we’re really lucky they will fix all those broken and heaved up sidewalks in the business district too….