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LEHIGH VALLEY WEATHER

Settlement signed in harassment complaint

A settlement agreement has been signed by Whitehall Township Mayor Michael Harakal Jr. and the three women who accused him of inappropriate behavior.

The report dates back to November 2021, when a complaint was filed against Harakal with the Pennsylvania Human Rights Commission. The complaint accused Harakal of inappropriate behavior, such as “unwanted touching,” “closed-door meetings” with suggestive music, compelling female employees to ride in his personal vehicle with him alone and more.

Three women reported these behaviors. One left her township job and moved out of state, and the other two still work in close proximity to the mayor, according to reports.

Shortly after the complaint was filed, the township conducted an investigation and implemented a list of recommendations. The board of commissioners also approved updates to the township’s personnel policy as it pertains to harassment.

The issue continued to mediation. The township paid $160,000 to settle the harassment claims, with $70,000 going to attorneys and another $70,000 going to Ashley Nischan, the one woman who made her identity public. The other two women reportedly will receive $10,000 each.

Per the terms of the settlement, one of the women will be transferred to a new position, where she will have no contact with Harakal.

Other terms dictate the township update its harassment policy, regarding complaints against elected officials, within 30 days of the agreement being signed.

The township will also perform a compensation review to determine if there is any discrimination and will provide mandatory, in-person harassment training for all employees.

The board of commissioners approved the settlement at its Dec. 12, 2022, meeting.

All parties involved - Harakal and the three women - have also signed it.

Following the December meeting, board President Joe Marx went on record saying the numbers listed in the settlement agreement do not accurately reflect the cost to the township. Marx said the costs of the township’s solicitor/attorneys, the initial investigation, mediation in Philadelphia and insurance were not covered by any part of the settlement.

Further, Marx said, it has been difficult for the township to find insurance for public officials. Some firms wouldn’t even provide an estimate, and the premium and deductible both increased.

Because of the risk to the township, the mayor is no longer covered in a harassment situation. Harakal has a little less than a year left in his term. If someone were to make a complaint, the township could be open to more litigation. Marx said taxpayers’ money would have to cover the mayor.