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Dunmore pension board denies former borough solicitor's pension request
Summary
The Dunmore Pension Board voted unanimously Sept. 10 to deny former Borough Solicitor Tom Cummings' request for pension benefits after the board and solicitor concluded available records did not show he met required eligibility criteria; Durkin will draft Findings of Fact and Cummings may appeal to Lackawanna County Court of Common Pleas.
The Dunmore Pension Board voted unanimously on Sept. 10 to deny a pension application from former Borough Solicitor Tom Cummings.
Solicitor Lawrence Durkin told the board he had written to Cummings on June 14 outlining two central eligibility requirements: that an applicant be a full‑time permanent Non‑Uniform employee and that the applicant participated in the borough pension fund during employment. Durkin said the documents the board had — including the borough ordinance and Cummings’ prior fee agreements — did not show that Cummings met those criteria and that Cummings had not provided additional information when asked. "Based on the information that we had, I didn't see how he was eligible for a pension," Durkin said.
Board member Greg Wolff moved to deny the application; Bill Bonavoglia seconded. The motion passed on a voice vote with recorded ayes from Janet Brier, Greg Wolff, Mark Burton, Greg Kamla, Bill Bonavoglia and Mayor Max Conway. Durkin said he will prepare Findings of Fact and Conclusions of Law for the board's signature and noted that Cummings has the right to appeal the decision to the Lackawanna County Court of Common Pleas.
Janet Brier confirmed she will be the signing official for the Findings; Durkin said he would represent the board if Cummings appeals. The board's action was limited to the administrative determination of eligibility based on the records before it; Durkin's June 14 letter and the board's vote were the formal steps taken at the meeting.
The denial is an administrative decision subject to judicial review; Durkin described the next procedural step as preparation and issuance of written findings to the applicant and possible appeal to county court.
