Radnor residents irate that Ahr keeps seat on board
They have no way to oust Phil Ahr
RADNOR » Ward 7 residents who came to an Oct. 26 Bryn Rose Civic Association meeting at the Radnor United Methodist Church learned that there was little that they can do to unseat Commissioner Phil Ahr, who is charged with possession and distribution of child pornography.
Ahr relinquished his post as board president but has not stepped down from his seat on the board of commissioners.
Radnor Township Manager Robert Zienkowski and Police Superintendent William Colarulo were on hand to answer questions. Ahr could not be reached for comment.
Ahr “is innocent until proven guilty,” said Colarulo. And unless or until he is convicted, Ahr cannot be removed from office due to state Supreme Court rulings, said Zienkowski. The process to remove an errant commissioner outlined in the Home Rule Charter is moot.
“Certain laws supersede the Home Rule Charter,” said Zienkowski.
Ward 2 Commissioner Richard Booker, who attended the meeting, said he and Ward 3 Commissioner Luke Clark are talking with a lawyer to see if any remedy can be found.
Later, Commissioner John Nagle, who represents Ward 5, said via email that “the solicitor is looking into the entire matter of removing a seated commissioner. However the board has not taken any action regarding challenging the Supreme Court decision governing this matter. At this point this would be a waste of taxpayer money.”
However, Booker said that lawyer is working pro bono.
Meanwhile, Ward 7 residents can come to the other commissioners with problems or township officials for service requests, Zienkowski said. A 24/7 hotline for safety concerns is also up and running at 610-6878851
“So there’s nothing we can do. It’s a waste of our time. I’m angry,” said Ali King. King said she has reached out to Ahr and not gotten a response.
Sean Farhy, another resident, asked whether the Board of Commissioners could appoint a temporary, non-voting liaison to sit on the BOC for Ward 7 residents. Zienkowski told him no unless Ahr resigns. At that point the BOC could appoint a replacement until an election can be held. Ahr did step down as BOC president but, in a brief letter, he said that he will stay on as Ward 7 commissioner.
“Our solicitor has asked him multiple times for his resignation,” said Zienkowski.
“In light of these counts, he’s stonewalling,” said Farhy. “Is it possible to put pressure on him through the D.A . ... to at least step down?” In many cases numerous counts are pleaded down to one count and people go through the process, then go on with their lives, he said.
“How do we pressure whoever is going to spearhead this case?” he asked. “You’ve got to take the power away. His last bargaining chip is being commissioner … He is unfit. We all know that. What can we do as citizens to make a difference and put pressure on the D.A.?”
Colarulo said that would be a violation of Ahr’s civil rights.
“You can’t threaten him and take something away,” Colarulo said. He asked the residents to think about if Ahr were proven innocent. “There’s always that possibility until you have a trial, until [then] you have the rights guaranteed under the Constitution,” Colarulo said.
A woman asked whether residents could picket Ahr’s house and Colarulo said they did have that right as long as they were reasonable about the hours, did not threaten Ahr or vandalize property.
“I’m a little surprised that wasn’t done,” said Colarulo.
The Rev. Manuel Howard, one of the police chaplains, was on hand and offered to help the residents with “any issue.”
“It’s like a grieving process,” said Howard. “Many of us were close with this individual.” There is a phone line to call the chaplains and one of the five will respond: 610-6885600, ext. 249, or email at radnorchaplain@radnor.org
Asked about whether petitions to remove Ahr would be effective, Zienkowski said that method has been struck down by the Supreme Court.
“We’re stuck,” said resident Sara Pilling.
Zienkowski said, “It’s bizarre at best.”
Booker noted that Ahr has not been coming to BOC meetings.
“We’ll arrest him if he comes in,” said Zienkowski.
“It would be really hard to guarantee Mr. Ahr’s safety,” Colarulo added.
“He has been dragging out the negative attention on this township,” a woman said.
Jane Galli, who ran against Ahr for the Ward 7 seat, offered to help the residents and plans to run for the seat again. She was also concerned whether Ahr might act out violently.
Colarulo said Ahr does not own a firearm “that we’re aware of.”
Galli asked about the extra police patrols in the neighborhood, wondering how much that was costing the township and whether it takes money away from other projects.
“Our concern is the protection of the community,” said Zienkowski.
Ahr was arraigned Oct. 11 in front of Magisterial District Judge David Lang on 130 counts in connection with the possession and distribution of child pornography. He is free on 10 percent of $100,000 bail. Lang set bail conditions including that Ahr must undergo a psychosexual evaluation; surrender his passport; have no contact with minors; and no Internet access unless it is work related. A preliminary hearing is set for Nov. 30.