ORCHARD PARK, N.Y. — According to a 16-page separation agreement with the Town of Orchard Park, Mark Pacholec got a sizable incentive to step down from his position as police chief: $100,000.
John Bailey, the town of Orchard Park attorney says this is considered severance pay by the town board, as part of Pacholec's negotiated retirement payments.
The Buffalo News was the first to report on the additional $100,000 lump sum payment, and concerns that it was not initially disclosed to the public.
Bailey: "There was no intention here to brush anything under the table."
Bailey explained, saying the town felt bound by a confidentiality clause in the separation agreement. They ended up releasing the document at the recommendation of the New York State Committee on Open Government.
While the agreement outlines how much money Pacholec got for stepping down, it doesn't explain why the town wanted him to retire in the first place.
"I think it is fair to say, as is evidenced by that agreement," the town attorney said of the former chief being placed on administrative leave prior to his retirement, "both the town of Orchard Park and former chief Pacholec had concluded that it was time for him to retire. And I think he took that three week period to really come to that conclusion."
"Was there anything actionable?" asked Bailey, when 2 On Your Side asked if Pacholec had done anything wrong to be placed on leave. "That's a matter of question and I really can't address it. Again, we're limited by what we can say by the settlement agreement itself."
Bailey says he doesn't know of any complaints filed against the former chief, "Nothing has happened since I was town attorney, and I'm aware of nothing else."
Bailey admits there was a disciplinary hearing for Pacholec back in March, but the town lawyer says it was just a meeting to bring Pacholec to the table to discuss his retirement.
The separation agreement included a pre-approved statement from the Town of Orchard park regarding Pacholec's retirement:
"The Town accepts retirement of Chief Mark Pacholec with great regret. The Town appreciates Chief Pacholec's over 22 years of service and dedication to the Orchard Park Police Department. He has been a hard worker, conscientious, dedicated, and strong leader. We wish him and his family well in future endeavors."
Like the town, Pacholec also agreed to issue a pre-approved statement:
"I would like to thank the Town of Orchard Park for allowing me to serve our community, which I am very proud of. After having served in the United States Marine Corps for 26 years, the Orchard Park Police Department was another way to serve and protect the community that I chose to raise my family in. The time has come now to pursue future endeavors. My family and I wish the Town and the Department great success going forward."
Check out the 16-page Separation Agreement here:
In terms of leadership at the police department, Bailey says the search for a new police chief is underway. The acting police chief, Joseph Wehrfritz, reached out to the Erie County Civil Service Department Tuesday morning requesting a list of potential police chief candidates.
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