CENTER TWP — Center Township supervisors voted Wednesday, March 13, to accept a $150,000 settlement agreement with a former township code enforcement officer who sued the township for wrongful termination.

The agreement has not yet been ratified, but it calls for the township’s insurance company to pay the sum to Patrick Gauselmann, who was terminated by supervisors at a special meeting in November 2020.

Michael Gallagher, Center Township’s solicitor, said Wednesday he would not comment on the reason for Gauselmann’s termination, but indicated a reason could be listed in the supervisors’ meeting minutes. The minutes from the Nov. 17, 2020, meeting when supervisors voted on Gauselmann does not give a reason for the termination.

“When you sign a release with an insurance company, generally there is no admission of liability,” Gallagher said. “We have a pending settlement agreement that was reached amicably between the two parties. It hasn’t been consummated, and I’m not going to throw a wrench in it at this time.”

According to Gauselmann’s lawsuit, the dispute stems from a disagreement over a building permit sought by Martin Sales and Service on North Main Street Extension.

The business submitted a land development plan in October 2019 to build a storage building, consolidate two lots and regrade the property. After reviewing the proposed plan, Gauselmann told the township engineer the grading, building setback and parking did not comply with township ordinance requirements, according to the suit.

The township planning commission voted to recommend approval of the plan to the supervisors in January 2020. The engineer recommended approval to the commission.

When the supervisors considered the plan at a meeting on Feb. 12, 2020, Gauselmann told them the plan didn’t comply with the parking requirements in the township’s zoning ordinance and voiced concerns about the plan’s stormwater retention system, fire hydrants and screening.

In June 2020, Gauselmann denied a building permit application from the architectural and engineering firm because an area with an impervious surface that was added to the plan didn’t comply with the land development plan, and the application first had to be approved by the township zoning hearing board.

He also informed the firm a stormwater management plan for the project had to be submitted to and approved by the township planning commission and supervisors.

The property owner did not submit a stormwater management plan, and the land development plan did not include screening required by the ordinance, according to the suit.

On Sept. 9, supervisors approved a motion saying their Feb. 12 action included approving the Martin plan and the ordinance modifications that were verbally requested.

On Sept. 10, the supervisors asked Gauselmann to resign from his position as public works manager. He wrote to all of the supervisors, asking why he was asked to resign, but got no response, according to the suit.

The supervisors held an emergency meeting Sept. 17 to select a public works foreman to replace Gauselmann, whom they said had resigned Sept. 10. But he had never resigned, according to the suit.

On Oct. 27, the supervisors informed Gauselmann he was suspended from his employment entirely, and the supervisors intended to consider terminating him Nov. 10. A supervisor said Gauselmann was suspended because he refused to issue the building permit.

Supervisors Ron Flatt, Phil Wulff and Robert Sloan voted in favor of Gauselmann’s termination in 2020, while supervisors Alan Smallwood and Ed Latuska voted against it.

Latuska said Wednesday he never agreed with Gauselmann’s termination.

“Neither myself nor Mr. Smallwood voted to terminate Mr. Gauselmann, because we felt it was wrong, unwarranted and without cause,” Latuska said. “The actions taken by Center Township placed undue stress and aggravation on Mr. Gauselmann and his family for the past three years. I think this is a disgrace and embarrassment to Center Township.”

Gallagher also said negotiations for the settlement played out between the insurance company’s counsel and Gauselmann’s, and that he had not seen the documents.

Also at the meeting, Gallagher asked the supervisors for an executive session relating to the appeal the township filed against the sale of Butler Area Sewer Authority to Pennsylvania American Water. He said no actions would be taken by the supervisors following the update.