Resident calls on council to remove president amid lawsuit; council schedules executive session

A resident told Brookhaven Borough Council on Oct. 6 that Council President Heller has a conflict of interest and should be removed from the presidency because he has filed a lawsuit against the borough.

Jim Kelso of Elkhartan Avenue read a prepared statement calling Heller’s service “a betrayal of duty,” asserting that by suing the borough the president placed private interests ahead of “the public good” and urged council to act immediately under borough code. Kelso cited what he described as Section 1001 of Title 8 of the Pennsylvania Borough Code and asked the council to move to remove Heller and to order the recusal of Council Member Howard from related votes.

Kelso said: “By suing the borough, the president is acting in opposition to this duty and creating an adversarial relationship with the municipality they are meant to lead.” He urged a motion and roll-call vote to record each council member’s position.

Later in the meeting Solicitor Jay confirmed the council would hold an executive session after the public meeting to discuss litigation, specifically including Heller’s recently filed lawsuit, and personnel matters. Jay told the public that Heller “will not be participating in the executive session that will occur immediately after the conclusion of this public meeting.” Council also announced that, from that point forward, items pertaining to the matter were excluded from public discussion.

Ending: Council did not take any immediate action in open session to remove Heller; it said it would address litigation and personnel in the executive session and excluded further public discussion on the topic during the meeting.