Lansford Borough Council hired an attorney to represent the borough in a federal lawsuit filed by a part-time police officer who claimed he was denied due process when removed from the schedule this year.

Council on Wednesday hired Thomas, Thomas and Hafer at a cost of $250 an hour for a partner, $200 an hour for associates and $125 an hour for work performed by paralegals.

The firm will represent the borough in the lawsuit filed by Gilbert Diaz, who worked for the borough for several months before being removed from the schedule in April.

Several other motions put on the agenda by outgoing Councilwoman Jennifer Staines regarding legal representation and future legal actions, such as the amount of a retainer, were not discussed.

Council President Bruce Markovich said those matters would be discussed with the firm when they meet.

Staines is one of four council members named individually as a defendant in the lawsuit. The others are Joseph Butrie, George Gilbert and Jack Soberick. These are the four council members that defeated a motion to provide Diaz with a hearing on his removal from the police schedule.

Also named as defendants, in addition to the borough and individual council members are police Sgt. Shawn Nunemacher, who is serving as the officer in charge in lieu of a police chief, and outgoing Mayor Hugh Vrablic.

Before hiring the law firm, tempers flared after Gilbert read a statement calling out Markovich for releasing information regarding the litigation. He did not disclose what that information was.

“It should be clear that matters of litigation are specifically excluded from Right to Know requests. In fact, the solicitor specifically advised that no information regarding litigation is to be released, and no such information should have been released,” Gilbert said.

“In fact, no council member or president can speak on behalf of the borough, unless authorized both by the information and who will act on behalf of the borough.”

Markovich responded to Gilbert, “Like I told you before, when people blame me because you were dumb enough to get yourself sued.”

Gilbert interrupted and asked in a raised voice, “Because I was dumb enough? I listened to the attorney.”

Markovich, who was not named individually in the lawsuit, continued over the commotion in the room, saying that he is going to stand up for himself.

“When people stop me and tell me it’s my fault that we don’t have insurance because of what you did,” Markovich said, before Gilbert stepped in again.

“We listened to the attorney,” Gilbert said.

Markovich said he didn’t care what the attorney told him, as people have been blaming him for the borough not having insurance or for the insurance company denying coverage in this case.

“I have nothing to do what that,” Markovich said, now also in a raised voice, and said that no one else is being blamed for this.

Gilbert told Markovich that he just blamed him, because he was getting sued, and Markovich replied, “Well, you’re the one getting sued.”

The exchange became even more heated as Gilbert told Markovich that his name was on the lawsuit, too, as Lansford Borough Council.

“No! No!” Markovich responded in a boom voicing. “No, we did not get sued!”

Both residents and council members responded at once, and one resident called for order. Markovich said, “OK, let’s go,” and council then moved on to the agenda items.

After the meeting, Gilbert said that he was referring to a statement Markovich provided to a social media page regarding the borough’s lack of insurance coverage for the lawsuit.

In that statement, Markovich likened the borough’s situation with lack of insurance and denial of coverage to a person crashing their car or setting their house on fire intentionally and then putting in a claim, calling it “willful misconduct.”

Markovich continued saying that insurance companies provided the borough with reasons why they denied coverage in this case, and those reasons cannot be made public.

The borough has a right to ask for a review, or appeal, the insurance company’s denial or it can file a lawsuit against the insurance company to cover the claim, saying that the borough paid to have this coverage and there was no valid reason for denial, Markovich said.

“However, at this point the “clock is ticking” on answering the suit, therefore the borough must obtain representation paid for by the borough,” he said in the statement, which was also provided to the Times News.

If the borough is successful with its appeal or suit against the insurance company, the borough will be reimbursed for all of the costs associated with the lawsuit, Markovich said.

“We may end up paying to defend the lawsuit and to sue the insurance company at the same time,” he said.

“Until we know more on appealing the coverage issue, we need to resign ourselves to the fact that we have to pay to defend the borough against the suit,” Markovich said.