Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1919-07-22
KOSC|ELN|AK
IS DISMISSED
MAYOR THINKS
Immediate and Effective Ac-
tion Is Promised by Dorsey
Against AIdermens' Action

That Patrolman Stanley Kosciel-
MAX was not reinstated by the vote
of the Aldermen on the majority re-
port is the opinion of Mayor Frank
Dorsey.
II consider that this man is dis
missed" the mayor said, because ac-
cording to the minutes of the meet
ing last night the board did not act
in conformity with the City Attorneys
opinion"
Immediate and effective action to
bring about his unquestioned dismiss
sal was promised by the Mayor in
case the tangle that the board wound
itself into last night should disclose
that the man had been reinstated
when the threads were separated.
The section of the city attorneys
opinion referred to by the Mayor
reads, II do hereby advise that
the report of the minority report be
approved and the recommendation
adopted" According to Alderman
Clark, the board took the following
action which in the opinion of Mayor
Dorsey is contrary to the City Attor--
ney's opinion" On the strength of
the City Attorneys opinion the motion
prevailed that the majority report of
the Police Committee be approved,
which was carried by four to three
vote" "In other words the city at
torney advised one thing and the
board did the other thing" the mayor
said.
'On a motion to reconsider the ac-
ton taken dismissing Koscielniak as
offered by Alderman Riedy the board
had the opportunity to reconsider
their action if they SO desired. But
the votes to carry the motion to re-
consider were not available and the
motion fell through. If the council
didn't vote to reconsider their first
action what authority had they to re-
consider it?" the Mayor asked.
While not actually charging the
board with bad faith the mayor said
THAT while he was there they appeared
! to have dismissed the man and after
I he had left they reconsidered their
action. II attended the meeting of
the board last night to address the
council in the event that Koscielniak
was reinstated. When I saw he was
dismissed l left" the mayor said.
'T can't understand how the chair
man of the police committee. could
stand on that floor representing the
people and say that he was not going
back on his vote for dismissal and
| that he thought that this man was
not fit to be an officer and the depart
ment would be better without him,
and then at the same meeting Hor
over and vote on a motion contrary
to the advice of the city attorney to
reinstate him." Mayor Dorsey said.
"Chief Burke tells me that he has
received instructions from Alderman
/ Wilson to reinstate Koscielniak an6
| that the patrolman came to the sta
| ton this morning and obtained hi.
| badge Under the City attorneys
| opinion Mr., Wilson has the authority
| to issue these instructions to Chic.
Burke, but according to Mr.. Clark he
| hasn't this power. / intend to see the
city attorney again as soon as he re-
turns to the city before taking any
definite steps in the matter" Mayor
Dorsey said
| Here is the cext OF the much moot
ed opinion of City Attorney Leo Gold
| berger:
July 21st, 1919
| In re Stanley Koscielniak:
| In view of the fact that the motion
| of Alderman Clark that the minoEity
report be acted upon, is in my opin-
| ion not broad enough to cover his dis
4 missal, and in view of the fact thai
| the proceedings might be carried tc
the Supreme Court, I do hereby ad-
wise that specific action be taken or
| the report, by someone moving thai
| the report of the minority report be
approved and recommendation adopt
| ed.
Respectfully submitted,
(sig) Leo Goldberger,
CITY Attorney