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Ex-Chief in Dormont Sues Borough, Officials

Former Police Chief Phil Ross filed a lawsuit today, claiming defamation, breach of contract, and civil conspiracy were at play in two demotions he received this year.

 

Former Dormont Police Chief Phil Ross filed a lawsuit in U.S. District Court today against the Borough of Dormont and some of its officials, seeking reinstatement, financial restitution and punitive damages.

The lawsuit, filed by Ross and his wife Michele, implicates the Borough of Dormont, Borough Manager Gino Rizza, borough labor attorney Christopher Gabriel, and five council members: Kim Lusardi, Laurie Malka, Eugene Barilla, Drew Lehman and Heather Schmidt.

In his complaint, Ross says the borough and its officials violated due process and the whilstleblower act. The suit also alleges counts of defamation, official oppression, age discrimination, civil conspiracy, wrongful use of civil proceedings, breach of contract and intentional infliction of emotional distress.

Council demoted Ross from Police Chief to Sergeant in March of this year, citing inefficient management of police scheduling and failure to submit expenses for pre-approval, among other things. In July, Ross was again demoted, that time to patrolman.

Ross’ complaint says he received a letter explaining that the second demotion resulted from removing or disabling GPS units in police cars. Ross claims he removed the devices only after receiving an order to do so from Mayor Tom Lloyd, who told him citizens were able to access the tracking devices and ordered Ross to remove them.

Ross appealed both demotions, and in late July Dormont’s Civil Service Commission overturned his demotion from Chief to Sergeant. The borough appealed that decision, however, and it is now in the hands of the Allegheny County Court of Common Pleas.

Related Topics: Dormont Police Department, Gino Rizza, Phil Ross, civil service commission, and dormont council

cassie gillen

7:44 pm on Tuesday, November 1, 2011

go phil . i know you'll win, they violated your due process & they're wasting so much money instead of doing the right thing. think of all the things that money could be doing for dormont. new trash cans, benches, siangage in the business district, the entire business district, a new police car, etc... stay strong & know we're behind you 100%. hopefully this will all get cleared up and you'll be back where you belong in january :D

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Leah Petrilli

7:51 pm on Tuesday, November 1, 2011

Indeed Cassie, indeed. This course of action is long overdue. Phil, I have told you privately many times and I will tell you here publicly, my family and I fully support you. I look forward to you being restored to your rightful position, that of CHIEF OF POLICE of Dormont. I also hope you get every dime coming to you. You and your family have been through far too much and you deserve rightful compensation. Justice for this travesty will finally be served.

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dormonter

8:03 pm on Tuesday, November 1, 2011

Sad it had to come to this. However, I believe the Defendants are guilty as sin. They should have to write him a personal check.

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Diana

11:17 pm on Tuesday, November 1, 2011

Bravo Chief Ross! You have earned great respect from the residents over the many years that you have served in Dormont. I believe that this corruption that has grown over the years within this borough would never had happened if you would have been the chief for the past twenty five years. Dormont it is now your job to make sure that none of the seats on council and filled with the same members who have let Dormont down! Change is needed and needed now. Can't wait for the day that the residents are the priority and not the personal agendas of some of these current council members. You need to clean out the stagnant negativity and change the future of Dormont.

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Drew Lehman

9:32 am on Wednesday, November 2, 2011

Bryan, Diana said that there has been corruption in Dormont for the past 25 yrs, I think that she is referring to a personal issue she had with the police department. Just an FYI. And can you give me an example of how we have violated labor laws?

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Bryan

10:33 am on Wednesday, November 2, 2011

Corruption and personal agenda's are a part of everyday politics I get it, but there is an old saying "If it isn’t broke don't fix it" The police department was not broke! Dormont is a very safe community that was patrolled well by the department the way it was. I get the OT issue to a point, but we have to sometimes overlook certain issues and maybe cut costs elsewhere and not just target one group (the police)

The same thing happened with the Fire Chief, he was targeted without any correct facts. It was fortunate that decision was overturned and we still have a Chief that works...sorry volunteers harder than ever to keep Dormont safe. I have a hard time believing Chief Ross was so bad as a Chief that he would put Dormont in danger, he lives here! There was a difference of opinion in how to run a department. The expert (Chief Ross) had an opinion and then Mr. Rizza supported by some on council had a different opinion, instead of talking and listening to the expert with a 27 year spotless record they got rid of him! Only time will tell if this was a good decision, and if the community will suffer. Bottom line (my opinion but shared by many) is that it is a people problem, some can lead and still make changes without turning everything upside down, some can't.

As for the labor laws, I think that will come out in court.....unfortunately.....

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Drew Lehman

11:15 am on Wednesday, November 2, 2011

So you don't have any examples of labor law violations, even though you said we did? No names, or positions needed, just looking for examples...

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Leah Petrilli

8:09 pm on Wednesday, November 2, 2011

I would think the answers to your questions would be found not from various individuals on a public online forum, but instead contained within the Federal filing of which you have been named a defendant, Mr. Lehman.

Ed M

7:09 am on Wednesday, November 2, 2011

It's almost time to vote out those who did this! Get out and vote!

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Bryan

8:31 am on Wednesday, November 2, 2011

Ed and Diana you are right the only way to fix this is if we vote out anybody who played a part in this mess! They were wrong.....period! Maybe they had some good ideas but the way this current council and manager treat people is bad! They violate labor laws, do not give certain employees due process and just all around have shown the employees and citizens of the borough that they do not matter. They do have an agenda, hell ALL politicians do! But right now we need to show them that their agenda is no longer welcome in Dormont!

I also support Chief Ross and his family, he was treated unfairly because he refused to roll over and be their "boy", Gino has his puppet now (the one he can't seem to eat lunch without) and that's the way they always wanted it.

dormont backdoor

8:53 am on Wednesday, November 2, 2011

Gino got his way.......again! He really is the chief now.

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cassie gillen

10:43 am on Wednesday, November 2, 2011

i would like to know how gregg got the job as asst manager? was it voted on? was there no other person who wanted job? i saw the critria that they wanted & you had to have 2 get the job & i dont think gregg fits that. he's a nice guy but i'm just saying huh?? i'm just wondering because when the current council gets booted out in january and a new change is comming will he be in charge? how is he going to help fix this mess? i know pa is an at will state and that could be part of the problem that caused phil all this heartache but come on if we have someone in charge who isnt qualifiled to be there wont we have the same issusses? how can good change happen if we dont have the right people in the jobs in the first place? putting phil back where he belongs is a start. stop wasting money is the second thing. improving the entire business district and making dormont a place where people want to stop should be the third but only time will tell. i hope everything can get worked out and we can all start to get along. go team phil...

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Ryan Kelley

1:18 pm on Wednesday, November 2, 2011

Cassie,

I actually applied for the job, but never heard anything. I met and exceeded all of the qualifications that they were looking for, live in the borough, and never got even a reply from anyone other than Mayor Lloyd and Councilwoman Hodson, saying, thanks for applying. And I did everything that Gino asked me to do in applying for the position; I emailed my resume directly to him and CC'ed the mayor and Ms. Hodson as they both were approving of me to apply for the job, however, Gino did not even bother to let me know that he got my email (I know he did, as I used a delievery receipt).

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Drew Lehman

2:03 pm on Wednesday, November 2, 2011

Ryan, My guess is that Gino is compiling all of the applications and will give them to all of council. I'm glad to hear that you have applied. Gino is also getting the budget done without an assistant this year. So please, give him some time and I'm sure that he will reply to all of the candidates. Feel free to forward your resume to me when you can. And please don't go by what Cassie posted, the position hasn't been filled yet, thanks.

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Bryan

3:53 pm on Thursday, November 3, 2011

Booo Hooo.....Drew really? Your answer to Ryan is Gino is too busy because he does not have an assistant to help him with the budget? Come on....24 hour rule, your a business man all calls get returned in 24 hours! Running Dormont is a business and Gino is a lousy manager! Take the blinders off Drew! He has a long standing history of not returning calls and emails in a timley manner or at all.

cassie gillen

10:43 am on Wednesday, November 2, 2011

change is a good thing but what dormont is lacking is RESPECT and without that how can we move on? RESPECT for the service that our public safety people provide (even if you dont think they desreve it, they do) RESPECT for our residents. RESPECT for how dormont looks (would you throw trash on you own lilvingroom floor?) RESPECT for the business (we choose to be here & our voice should be heard). and just plain RESPECT for our fellow man. a kind word, a helping hand, a smile for someone whos down, a lets see how we can fix this for the better not what will personally help me. and that my friends is what will fix dormont if we can achive it. RESPECT

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mary pitcher

11:38 am on Wednesday, November 2, 2011

Cassandra....IS Greg the assistant manager? Is that a fact?

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mary pitcher

11:50 am on Wednesday, November 2, 2011

Councilman Lehman...could you please clarify what Greg Salisbury's position is currently in the Borough? Thank you!

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Drew Lehman

12:00 pm on Wednesday, November 2, 2011

He's the Rec Director. I'm not sure what Cassie is talking about.

Diana

12:53 pm on Wednesday, November 2, 2011

Personal issue? Drew there is a reason that your not going to be part of council very soon. When a woman dials 911 because she was assaulted and the officer who shows up goes out of his way to write multiple discrepancies on a police report....it's Dormonts problem! When an acting chief refuses to inspect a false name on a police report even after It's been confirmed that the name is fraudulent and insists that it's the INS who should investigate.....It is Dormonts problem. Then when a sexual assault also happens at the same place it is kept quiet? Really? I wonder how many residents have had their serious Dormont issues pushed under the carpet because they were told the it is a "Personal issue".

I think that a new rule for council should be that " freebees and special discounts" from local businesses to council members and police needs to be stopped. This is also causing problems among the businesses. It's a type of favoritism that isn't helping the community to come together.

Drew....is it not a personal matter when the council refuses to enforce it's own occupancy laws in order to throw big events to gain donations for their non profit groups that either the council member or it's spouse is on?

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Leah Petrilli

5:56 pm on Wednesday, November 2, 2011

How can these things be Diana? The Acting Chief is better than sliced white bread! Just ask the council members who hired him. Let me quote you an email from Ms. Malka herself " look at the positive changes Chief Dwyer has made in our borough - changes like:Having the police patrol the streets, Having the police walk the beat, and meet business owners and develop relationships with the business owners and employees, Instituting the Logs, and making each officer fill out their log daily so there is a record of what transpired for their shift. (note that this not only serves as a record, it protects the officers in the event complaints are filed because it provides a trail to prove where they were and why), Creating a new schedule that allows our officers to spend more quality time with their families, gives us more policemen on duty for most shifts and helps reduce overtime." *end quote) So you see Diana is it not possible that under Acting Chief Dwyer's leadership that anything is wrong. Ms. Malka says he is our savior much like Gino Rizza is our Messiah. If she says so it must be true. All is well in Dormont. The Acting Chief would NEVER throw his officers under the bus, ever. Our public safety is better than ever! And if Ms. Malka wants to deny the above, I do have the email to reference.

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Drew Lehman

7:23 pm on Wednesday, November 2, 2011

Leah, I know the pleasure you get by knocking good people down but what happened in Diana's case happened many years ago. Sorry to burst you bubble.

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Leah Petrilli

7:28 pm on Wednesday, November 2, 2011

I dont have a bubble to burst Mr. Lehman. My post actually refers to events that took place in the last 24 hours. ;)

MSgt. John DeLallo

1:43 pm on Wednesday, November 2, 2011

Phil, Jim, Ralph, Bill, Joe, Tom, and the late Bill Ivill, along with Russ, Gus, Gary, and others now retired, were instrumental in keeping my two sons in line, without fanfare. I'm absolutely certain that without voluntarily taking on the role of guidance counselors, lots of youngsters in Dormont would have had a chance to see the inside of Shuman. And what does the thin blue line get in return? Not much more than a good feeling of a job well done, and the belated gratitude of parents of kids who are now in their 40's. So, rather than have a dedicated police force, fairly happy with their jobs, lets overlook decades of service and just beat them into submission over some or another silliness. While we're at it, call out the stone carver, because I think there may be some names of victors chiseled onto the facade of the boro building. And, at the end of the day, who pays for all of this? Arrogance, ego, shortsightedness; they all have a price tag. I'm glad my tax dollars aren't going to pay for this lunacy, but at the same time, one would think the Boro's attornies are even now preparing a settlement. Good Lord, they can't possibly let this get in front of a jury. No-one can possibly see any good coming from a jury trial in a civil matter, where only 51% of the evidence supports the plaintiff.

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cassie gillen

6:29 pm on Wednesday, November 2, 2011

drew, i never said gregg was the new asst manager i asked if he was because he's doing the job and dont tell me he's not. did any one listen to the last reverse 911 call the other day about street sweeping that wasnt ian or gino's voice. so again why would he be doing a job that he wasnt hired for unless hes got it thru the back door so to speak? and drew i would never say dont listen to some 1 or you dont know what they r talking about. i would never do that 2 any1. again shouldn't you try 2 be making friends so close to election? all im saying is some things just arent adding up. & remember my early post what about RESPECT?

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Drew Lehman

7:27 pm on Wednesday, November 2, 2011

i would like to know how gregg got the job as asst manager?- Cassie Gillen

Diana

7:54 pm on Wednesday, November 2, 2011

Drew, the council has been blowing this situation off since the beginning. You and your running mate are fully aware. Has anyone noticed the Gino doesn't respond via email. No, he kindly requests your phone number to avoid having anything on paper. Your ignorance has allowed the residents of Dormont to hand their credit cards to specific illegal aliens working in a Dormont restaurant who have fraudulent id to begin with. Believe it or not....it is your job to have the resident's safety first. There has been postings on the Police bulletin in the past re: id theft.

It is the borough's job to enforce the plumbing occupancy limit. I have requested that you do so four years in a row. Instead you and a couple of council members would rather cram three times the occupancy into a business in order to receive donations for non profit organizations to benefit on a personal level. This is on going and illegal. You refuse to enforce that law constantly. The integrity of some of these council people is an easy buy in Dormont. Im done with going back and forth with you. : ) Dormont spoke when they voted last May, get over it!

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cassie gillen

9:08 pm on Wednesday, November 2, 2011

Sorry patch land I may have worded my post wrong stating how did Greg get the job... but did I really? I never meant for it to come across as council did hire him (all though you never know with all the back room decisions made that we don’t know about, like filling for an appeal without an public vote against Phil (how many sunshine laws were broken there)) I was only asking if they did because he is doing the job. Of course the big picture is being over looked... why is he even doing anything that’s not relating to the rec position? Can him helping be really that or is letting him help opening up another can of worms that the boro really can’t afford right now. I mean council spent months rewording the employee handbook so every position has a description so you could take action against them if they didn’t do said description, but you take on the liability of letting someone do a job they weren’t hired for? Clean up one mess before you create another. From what I’ve read the biggest mess you created is coming back to bite you in a huge way. Don't you think fixing this should be your number one priory? This council has done good yes, but with good comes bad and this council has created way too much of the latter. :D

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Leah Petrilli

7:31 pm on Thursday, November 3, 2011

Legal Defense for Dummies.

Simple steps to follow if you are named as a defendant in a law suit.

1. Keep your mouth shut.
2. Seek competent legal counsel.
3. Keep your mouth shut.
4. Always be “unavailable for comment”.
5. Keep your mouth shut.
6. Learn the words “no comment”.
7. Keep your mouth shut.
8. If you must comment, see step 6.
9. Refer all inquiries to your competent legal counsel.(again see step 6)
10. Keep your mouth shut.
;)

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cassie gillen

8:14 pm on Thursday, November 3, 2011

hi leah, i agree 100%. i tried to put it out there so some1 would pick up on it but i guess it went over his/her head. i was trying to do the right thing but more ammo for team phil :D

Mike Low

11:41 pm on Tuesday, November 8, 2011

http://news.google.com/newspapers?nid=1129&dat=19940614&id=8NpRAAAAIBAJ&sjid=nG8DAAAAIBAJ&pg=1426,8176577 This is not the first time.. lol Phil I hope you cost all of them their jobs. Seriously Dormont is more corrupt than the residents lodging in side the ACJ. There are a few more instances of lawsuits against Dormont, I just am having a hard time remembering the dates due to the lack of internet back when things happened. The corrupt member of council are the ones bankrupting Dormont as well as the Lack of a tax collector who should chase down non tax paying residents.

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Ed M

7:37 am on Monday, November 14, 2011

I think a lien list and foreclosure list on the Borough web site would be great! The only problem is it would be outdated and useless like so many other things on the Borough web site.

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