YEAGERTOWN - Some clarification regarding legal representation for the Mifflin County Regional Police Board of Directors was provided Thursday evening during the board's regularly scheduled public meeting.
The board did not have an attorney present at the meeting, but board Chairman John McCullough Jr. said the law firm of Reed, Smith, Shaw and McClay, of Philadelphia, has been hired to provide legal counsel to the board in matters pertaining to its internal investigation of Mifflin County Regional Police Chief William Herkert. The board placed Herkert on administrative leave, with pay, on Sept. 18, but has yet to publicly divulge specific details regarding the nature of its investigation.
The board's secretary, Jeri Minnick Dukes, said the firm has acted as legal counsel regarding personnel matters for the department since its inception in 1993. Board members Eugene Glick and Rick Dailey explained the board had voted in January to consult the firm "if any other (legal) matters came up."
McCullough told The Sentinel on Wednesday that he believed the board has acted without a solicitor to provide legal counsel since Jan. 1. Prior to that date, the board had retained attorney Steven Snook as its solicitor.
However, Snook resigned from that position after he was re-elected as Mifflin County's full-time district attorney in November 2007. Snook did not attend Thursday night's meeting, but he did agree to offer comment on the role of a solicitor when contacted by The Sentinel.
"The role of a solicitor is to deal with the legal issues that come up and to give legal advice to the board on the conduct of its business. But, the solicitor's role also is defined by what the municipality or governing body wants he or she to do," Snook said.
"Some municipalities only want a solicitor on an 'as-needed' basis. When I was (solicitor for the board), I was asked to attend the monthly meetings on a regular basis to provide legal advice on business matters, procedural issues and other matters as needed," he continued.
Snook said his role as the board's solicitor was in an advisory capacity, not one that dictated or implemented policy.
"I didn't try to sell them any more law than what they wanted or needed," he said.
Snook also said he feels there are some potential areas of concern in the board's decision to hire a "big-city law firm."
"Because they are a specialty practice in the area of police personnel matters, the cost of consultation is going to be higher for the services they provide," Snook explained.
"The other concern is: Whenever there is a need to consult the firm, can any member do it, or does the whole board have to vote first?" he questioned.
"Even then, who places the call, and how and why and what is discussed? These are matters for the board to consider," Snook continued.
Snook said he felt public perception of how the board has conducted its investigation of Chief Herkert has been "regrettable for both sides."
"It's sad, and I hope they get it resolved soon. There is a different manner in which I would have advised the board as far as handling this, but I'm not there - I don't know what they know, and I can't second guess them," Snook said.
"The (police) officers need clear leadership and direction. They need a strong, confident leader with a vision to move forward," he said. "The board needs to resolve the matter promptly for the benefit of the force and the community."
The Mifflin County Regional Police Board of Directors is composed of one voting member from each municipality served by the department and normally meets at 5:30 p.m. on the second Thursday of each month.
Board members are Nelson Rieffannacht, who represents Lewistown Borough; John Snyder, who represents Bratton Township; Mark Steele, who represents Burnham Borough; Michael Reed, who represents Armagh Township; Glick, who represents Brown Township; McCullough, who represents Derry Township; and Dailey, who represents Union Township.
