gray cunningham

Fountain Hill police officer Grady Cunningham has resigned.

(Express-Times File Photo)

Embattled Fountain Hill police officer Grady Cunningham has resigned.



In exchange for his resignation, which became effective Friday, borough council agreed to pay Cunningham $35,000 and give him a "neutral" reference.



Cunningham was fired in February 2013 after he allegedly used excessive force on a suspect in June 2012 in the police department's holding cell. An arbitrator reinstated him in August 2013, but he was placed on paid administrative leave soon afterward and has not patrolled the borough since, Council President Larry Rapp said.



Council at a special meeting this afternoon voted 4-2 to accept his resignation and approve the separation agreement, which prevents Cunningham from suing Fountain Hill or seeking additional compensation from the borough going forward. Helen Halleman and Philip Trabel dissented; Carolee Gifford got caught up at work and narrowly missed the 4:30 p.m. meeting.



Borough Mayor Jose Rosado said the agreement, which resulted from negotiations among attorneys for Fountain Hill, Cunningham and the Le-Hampton Lodge 35 Fraternal Order of Police, is in the best interest of the borough and its residents.



"It would have been financially irresponsible on the part of the borough to challenge this or seek some other resolution," he said.

The agreement notes that Cunningham "has filed multiple charges with the Equal Employment Opportunity Commission arising out of his employment with the borough."



Halleman vehemently disagreed with council's decision, saying the borough should have sought to recoup wages paid to Cunningham while he was on administrative leave and that he doesn't deserve a neutral reference.

"He should be paying some of that back to the borough, not getting $35,000," she said.



Halleman noted that the borough also is burdened with expenses resulting from a lawsuit filed by Richard McLaughlin, the man Cunningham is accused of roughing up. Fountain Hill settled the suit by agreeing to pay McLaughlin $95,000, borough officials said.



"Money doesn't grow on trees, especially not in this municipality," she said.

Halleman pushed to postpone the meeting because of Gifford's absence. "This is serious business," she said. Rapp said the vote needn't be delayed because six of seven council members is a quorum.



Gifford, who arrived at Borough Hall minutes after the meeting, said, "I would have voted with the majority without ambiguity, rejoicing."

Contact Lehigh County suburbs reporter Precious Petty at 484-894-3854 or ppetty@express-times.com.