MAHANOY PLANE - Gilberton police Chief Mark Kessler has been suspended for 30 days without pay by Gilberton Borough Council due to the chief's use of borough weapons without permission in YouTube videos that he filmed.
The council voted 5-1 at Wednesday's meeting in borough hall that was filled to capacity with reporters, photographers, videographers, borough residents and others.
The 7 p.m. meeting followed a 55-minute executive session to discuss what action would be taken, if any, involving Kessler. When the executive session began at 6 p.m., Kessler, who was dressed in a suit and not in his police uniform, met with council and his attorney, Joseph Nahas, for about 20 minutes. Kessler left the building for a short time and was called in again.
'Molon Labe'
There were more than 100 people outside of borough hall, many arriving before 5 p.m. Many were supporters of Kessler and wearing "Constitutional Security Force" and other patriotic shirts, some with the Greek phrase "Molon Labe," which means "come and take," an expression of defiance.
Many of Kessler's supporters carries semi-automatic rifles, shotguns and pistols.
After a short explanation of the executive session by borough solicitor Karen Domalakes, council President Daniel Malloy requested a motion.
"After review of the circumstances, it is my recommendation that a motion be made to discipline Chief Kessler for the use of borough property for non-borough purposes without prior borough permission, incurring no expense to the borough," said Malloy. "This action would be 30 days (suspension) with no pay."
Someone from the public asked if there would be input from the public before a vote, with Domalakes stating that there will be time for public comment.
The motion was made by Councilwoman Susan Schmerfield and seconded by Vice President Eric Boxer. Voting in favor were Malloy, Schmerfield, Boxer, Robert Wagner and Michael VanAllen. Lloyd George voted against, and William Hannon was absent.
Videos
The controversy began when Kessler posted a homemade video on YouTube on July 15 criticizing comments by U.S. Secretary of State John Kerry, who said the Obama administration would approve a United Nations treaty of arms regulation despite opposition by Congress. In the video, Kessler used profanity and also fired an automatic rifle.
Due to criticism from some viewers, Kessler posted another video, which included additional profanity and the firing of two automatic rifles and an automatic pistol.
Both videos went viral, and the second "apology" video was viewed the most. On July 22, there were 3,280 views. As of July 31, the count was at 284,562. The first video went from 4,601 views on July 23 to 113,198 on July 31.
His right
As public opinion continued to grow against Kessler's videos, Hannon, after viewing the videos on July 23, stood by the police chief in a statement to the press, explaining that what Kessler says and does on his own time is his right under the First Amendment and he would not be censured for his political views.
The following day, a statement was released by the North Schuylkill Board of Education that its members "do not condone or agree with his actions or communications as produced in his online videos," distancing themselves from their fellow school director.
With an increasing number of irate telephone calls to borough hall last week, borough council postponed its July 25 meeting to this week.
After the vote, Nahas was allowed to make a statement, with Kessler standing by his side.
"Mr. Kessler is a very big activist when it comes to our Constitution, the First Amendment, the Second Amendment - the entire Constitution," said Nahas. "Mr. Kessler shot a video. He used some profane language and shot a weapon during that video. There is a very big difference what Mr. Kessler did on YouTube as to what a person would do in society at this board meeting."
Nahas said that those people who searched out the videos on the Internet had a very good idea what they would see and hear.
"Was profanity used? Absolutely. Was a gun used, which you (Malloy) described as borough property? Absolutely," said Nahas. "But they were used for shock value to call people's attention to our country and to constraints that our government may - may - be putting on the citizens of the United States. The bottom line is that Mr. Kessler did not do that in his capacity as a police officer. He did not do that in his capacity as a school board member. He did it in his capacity as an individual who is fighting for your constitutional rights. If you don't like the video, don't watch it. Don't click on it. There is nothing more to it than that."
As for council's decision, Nahas and Kessler will discuss it in private today; however, Kessler plans to cooperate.
"We'll follow the council's recommendation. He has to since you are his supervisor," said Nahas. "We'll decide if we're going to take any further action."
Public input
Domalakes asked for public comments, limiting the time to one minute per person. The first speaker was Peter Kostingo, a borough native who lives in Frackville.
"I do support the Constitution, the First and Second Amendments, but the only problem with what Chief Kessler did and what his attorney fluffed it up and said it was only about profanity, but if you look at those videos, he (Kessler) threatens Nancy Pelosi, he's wearing a Gilberton chief of police badge. He should be fired, not a 30-day suspension," said Kostingo. "The attorney put a good spin on it, but he used and abused his position, saying he's the chief."
Borough resident Mark Keirsey told council that there could be liability issues involving Kessler.
"I ask the mayor and this council to consider calling on an outside agency, such as Schuylkill County's district attorney's office or the state police, to investigate Mr. Kessler's actions," said Keirsey. "There is his conduct as a police officer and his ability to perform his duties as a law enforcement official with regards to his contractual obligations, not to mention the fact that he poses a major liability to this borough and its residents. God forbid that an unfortunate incident should occur, the borough could be sued and it would be a major liability issue."
Other comments were made in favor or against Kessler during the public portion, which concluded the meeting.
RTK, petition
Gene Stilp, of Marysville, presented to council eight pages of the Standard Right-To-Know request form asking for copies of the borough code of conduct requirements, written policies for dismissal and other information. Prior to the meeting, Michael Morrill, executive director of Keystone Progress, submitted a petition of more than 20,000 names demanding that Kessler be fired. The names were received through the Internet from Pennsylvania and other states.
Kessler went outside after the meeting and was surrounded by his supporters.
"The support has been overwhelming, not only from here in Gilberton borough, but from all over the country and internationally," said Kessler. "I respect council's decision and will follow it. It's shameful that they chose to bend because of political pressure, but it is what it is and I'll deal with it."