UPDATE: West York mayor says he didn't resign; council disagrees

West York Mayor Charles Wasko said on Tuesday that he did not resign — a day after council members accepted his resignation.

"I never signed a letter of resignation," he said, while working inside his garage with the door nearly shut.

Wasko provided the York Daily Record with a copy of the email he sent to the borough council on Oct. 11. The YDR had requested the email from the borough, but had yet to receive it. In it, Wasko made three recommendations:

• "Entertain the thought of looking for an outside person, male or female, of any ethnicity, with a bachelor's degree from an accredited university in a related field of study, such as criminal justice or police science, that has at least four years of experience, of at least a Sergeant, that is looking to become a Chief of Police for the Borough of West York."
• Replace acting Police Chief Matthew Millsaps from within with the qualifications in the first recommendation.
• Return Police Chief Justin Seibel to his former position, "if he so desires."

The mayor wrote in the email that his resignation would take effect 10 days after one of the items had been completed. He wrote that the conditions are non-negotiable.

Mayor Wasko to West York: I will quit if ...

Council President Shawn Mauck said Tuesday that Wasko's letter is clear, and "we acted very clearly on his own words." The council met the requirements of the mayor's first recommendation, and the mayor's wording was read into the record as part of the motion at Monday's meeting. The council voted unanimously to accept the mayor's resignation.

"We're moving on," Mauck said. "He can say whatever he wants to say."

READ MORE:West York is not Mayor Wasko (Editorial)

The council subsequently voted to appoint Mauck as mayor when Wasko's resignation becomes effective Oct. 21. Mauck will serve the remainder of the mayoral term, which expires next year.

Wasko has been under fire since word spread late last month of several posts on his public Facebook page, which were described as offensive and racist. News of the posts garnered international attention. Members of the public and lawmakers ranging from his fellow council members to Gov. Tom Wolf had urged Wasko to step down.

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On Tuesday afternoon, while Wasko worked in his garage, he said he grew up in a black neighborhood, and he stands up for black people. He said he's not against all black people, saying there are "good, hard-working" people. He also talked about youths who call each other the "N-word."

He shut the garage door a short time later, ending interviews with the news media.

READ MORE:Briefly suspended police chief back on the job

Wasko's letter to the council also had called for suspending Millsaps, saying he was not in uniform and not wearing body armor several times while on duty. The council voted on Monday night to find the suspension as void and to pay Millsaps for the time he missed from work. The council found the suspension "without merit."

Millsaps said Tuesday night that he has followed the department's policy. He also said he exceeds all of the qualifications the mayor listed in his statement.

Wasko's letter emailed to council

Here is the letter Mayor Charles Wasko sent to the council Oct. 11. Acting police Chief Matthew Millsaps disputes Wasko's assertions, saying he has met all qualifications. Wasko wrote:

Part time patrolman, Matt Millsaps, is in violation of the agreement between the Teamsters Local 776 and the West York Borough Police Department pertaining to : 

ATTACHMENT "B" UNIFORMS/ EQUIPMENT LISTING 
"All officers shall be required to wear body armor at all times while on duty and in uniform. ANY officer who fails to wear such body armor shall be subject to discipline, up to and including dismissal" 

Patrolman Millsaps has been observed several times out of uniform and without full body armor while on duty, as required under the agreement noted above.  He has appeared at several council meetings, conducted numerous media interviews, in addition to having been seen on site of the fire at West York Sporting Goods on 9/30/16, without wearing a uniform.  Millsaps has been given a direct verbal order as well as an order in writing (see attachment below) to wear his body armor and complete police uniform provided by the Borough of West York while representing the department prior to the observed incidents. 
By not complying with the CBA Agreement between the Borough of West York and the Teamsters Local 776, Millsaps could possibly put the Mayor, Borough Council and the Taxpayers of West York in a great financial dilemma if a fatality would occur because of Millsaps non- compliance with the above agreement.

Under these provisions granted to me under the Pennsylvania Borough Code, 
 Section 1123.1.  Mayor's Powers; Police 
(a)  The mayor shall have full charge and control of the chief of police and the police force. 
(b)  The mayor shall direct the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank. 
(c)  The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties. 
(d)  The mayor may appoint special police during an emergency in which the safety and welfare of the borough and the public is endangered. 
(e)  The mayor may activate auxiliary police in accordance with general law, and notwithstanding any other provision of law, the mayor may also activate auxiliary police for purposes of crowd and traffic control for limited periods during events where, in the mayor's discretion, public safety is promoted by the activation of the auxiliary police. 

Section 1124.  Suspension by Mayor.--In addition to the powers of council to suspend [policemen] police officers, the mayor may, for cause and without pay, suspend any [policemen] police officers until the succeeding regular meeting of the council, at which time or [thereafter] later the council may, subject to the civil service provisions of this act, if they be in effect at the time, suspend, discharge, reduce in rank or reinstate with pay, [such policemen: Provided, however, That a policeman] the police officers. A police officer suspended by the mayor may not be reinstated by council at a date earlier than ten working days from the date fixed by the mayor for the suspension to commence. 

Patrolman Millsaps is hereby suspended without pay beginning Wednesday, October 12, 2016, until further notice.

Under these circumstances, Millsaps is to turn in his badge, borough provided side arm, borough keys, vehicle keys and fobs, all to be surrendered to any officer on duty.  After returning the above items. Millsaps is to be restricted from entering the Police department until further notice,

My recommendations are that council should, for the good of the residents of the Borough of West York.
1. Entertain the thought of looking for an outside person, male or female, of any ethnicity, with a bachelor's degree from an accredited university in a related  field of study, such as criminal justice or police science, that has at least 4 years of experience, of at least a Sergeant, that is looking to become a Chief of Police for the Borough of West York.
2. Or Replace Millsaps temporary position from within with the above qualifications outlined in #1.
3. Or Return Chief Seibel to his former position if he so desires.

My resignation as Mayor of West York, will take effect 10 days after 1 (one) of the items above has been completed 
These conditions are non-negotiable.

By Order of the Mayor, 

Charles G. Wasko 
West York Borough, PA