FOR IMMEDIATE RELEASE
Lancaster, PA – June 24, 2025 — At their regular meeting held on June 23, 2025, the Manheim Township Board of Commissioners unanimously voted to initiate a series of measures related to the April 30, 2025 incident involving Manheim Township Police Chief Duane Fisher and Benny Pena-Rivera. The Board took action to address questions posed by residents and to demonstrate the Board’s commitment to maintaining public confidence in and the integrity of the Manheim Township Police Department.
To achieve this objective, the Board authorized the Township Solicitor, Dwight Yoder, to engage Emanual Kapelsohn as an independent, third-party expert to investigate the incident involving Chief Fisher and Benny Pena-Rivera. Mr. Kapelsohn graduated from Harvard Law School and has over 42 years of experience as an expert evaluating use of firearms and force by police officers and related matters. Mr. Kapelsohn will evaluate if the incident was handled properly and will make recommendations on whether changes to policies or procedures may be required.
The Board reaffirmed that the Township has, and will continue, to release public records the Township has related to this incident as long as releasing such records is consistent with state law. To date, the Township has released police policies regarding traffic stops, use of force and body/dash cameras and email communication between the Township Manager and Commissioners regarding the video from Wing Stop. Additionally, the Township will soon be responding to an Act 22 dashcam and bodycam footage request from the media. The Board voted to issue an exception to the fees normally charged for an Act 22 review and provide the response free of charge.
Finally, the Board decided to provide Chief Fisher 30 days written notice of the Township’s intention to end his contract. As explained by the Township’s labor attorney, Theresa Mongiovi, the September 11, 2024 employment agreement authorizes the Board to terminate Mr. Fisher’s employment for reasons other than “for cause” upon payment of six (6) months of severance at the Chief’s current salary. In lieu of waiting for the conclusions of an independent investigation into the incident that occurred on April 30, 2025, the Board decided it was in the best interest of the Township to exercise its contractual right to provide Chief Fisher with notice of its intention to discontinue his employment. Chief Fisher’s annual salary is $145,650. The Board’s decision to end Chief Fisher’s employment with the Township is not based on any finding of “cause,” but simply an acknowledgement that the incident in question has become untenable for all parties involved in this matter.
Acting Chief Brian Freysz will continue to lead the Manheim Township Police Department while the Township evaluates a search process for a new Chief for the Department. The Board offered its full support to the Manheim Township police department officers and leaders.
The Township also released the following timeline related to its response by the Township Manager and Commissioners to the incident involving Chief Fisher:
• May 14, 2025: Township Manager Rick Kane was first informed of the existence of a video capturing the incident and immediately notified all Township Commissioners. Until that point, none of the Commissioners were aware of the incident or the video.
• May 15, 2025: After consulting with Solicitor Yoder, Township labor attorney Theresa Mongiovi, and Board President Stacey Morgan-Brubaker, Chief Fisher was placed on paid administrative leave by Manager Kane pending the outcome of an investigation.
• May 16, 2025: Lancaster County District Attorney Heather Adams issued a press release confirming that her office is not investigating Chief Fisher’s use of force because “the actions did not rise to the level of a potential criminal act” and that her office “does not have authority over internal policy or discipline specific to any police department in Lancaster County.”
• May 19, 2025: The Township spoke to the Lancaster County District Attorney’s Office to confirm that neither the Lancaster District Attorney’s Office nor the State Attorney General’s office would conduct a use of force investigation. The Township Solicitor confirmed that under state law the Attorney General does not have authority or jurisdiction to undertake an internal use of force investigation involving a local police department.
• Since May 19th, various potential investigators have been contacted and evaluated culminating in the Board’s decision to hire Mr. Kapelsohn. The Board requested the use of an independent investigator with no known ties to Lancaster County or the Manheim Township Police Department. Kapelsohn is available to begin the investigation as soon as possible.
• In anticipation of engaging an independent investigator, the Township Solicitor and Labor Attorney have been working with Township Manager Rick Kane and Acting Chief Freysz to identify and preserve records and information related to the incident.
• The Board of Commissioners has held six executive sessions to review personnel matters related to the Chief’s actions on April 30, 2025.