O'Connell said McCarthy was entitled to the same pension he was entitled to upon his resignation in September 2007 - signaling some remaining disagreement, because McCarthy has contended he was forced out after a complex dispute that arose over his comp time.
According to court records, McCarthy told the borough in June 2007 that he would be retiring. After accepting a job as Kennett Township's first chief, McCarthy learned that the borough planned to pay him substantially less than the $82,000 in vacation and comp time he thought he was owed.
In response, McCarthy postponed his new job and attempted to withdraw his resignation. But the borough had appointed his replacement, and on Aug. 6, 2007, the Borough Council suspended McCarthy with pay - compensation that McCarthy refused to accept. On Sept. 21, after a borough letter threatened him with legal action for failing to clarify his employment status, McCarthy "reluctantly resigned," court records said.
In a telephone interview Wednesday, McCarthy, who joined the Kennett Square police force as a patrolman in 1973 and was promoted to chief in 1988, said he regretted being forced to file a lawsuit. He attributed the disagreement to an abuse of power by Council members. He said Kennett Square's current council has a much different attitude.
"I consider most of them my friends, and I think they'll do well for the town because they care about it," McCarthy said. "It's not all about power."
McCarthy last made headlines in September when he suffered a seizure, rear-ended another vehicle, and drove off without realizing he had caused the minor accident. He returned to the scene when contacted by 911 dispatchers. He remains on limited duty and said he hoped to be cleared to drive later this year by both his doctors and the state.
Contact staff writer Kathleen Brady Shea at 610-696-3815, kbrady@phillynews.com, or @brandywinebits on Twitter. Read her blog, "Chester County Inbox," at www.philly.com/chescoinbox.
