Politics & Government

Phil Ross Supporters Demand Vote On Appeal

Ross' supporters said council should have voted whether to appeal the Civil Service Commission's ruling. Borough attorneys say no further vote was needed because the appeal stemmed from his demotion, which was voted on.

Dormont Council should have voted whether to appeal the Civil Service Commission’s overturning of Phil Ross’ from chief to sergeant, according to Ross’ supporters, but borough attorneys said no vote was needed.

Councilwoman Joan Hodson said council President Kim Lusardi informed her council wouldn’t vote on the appeal.

“Isn’t that a violation of the Sunshine Law?” Hodson said at Monday’s meeting.

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Ross supporters demanded a vote—or to simply drop the case.

“Why don’t you just hang it up that you lost,” one woman said at the raucous meeting, which Mayor Tom Lloyd later called the most embarrassing he’s seen.

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“We want it voted on,” said Valerie Martino, Ross’ sister-in-law and a council candidate. “Enough is enough.”

“Why are you afraid to take this vote?” said Michelle Ross, Phil Ross’ wife.

Hodson offered a motion to have the appeal voted on, but no one seconded it Monday.

For a time, council couldn’t even get enough votes to end the meeting.

Lloyd, who favored a vote, said legal fees have cost more than $20,000, with more bills to come.

Chris Gabriel, the borough’s labor council, wasn't at the meeting, but later said a vote wasn’t needed.

“Did (council) take an official vote to turn the lights on and set the air conditioner, because that spends borough money,” he said. “Yes, they have to vote on borough things … but to take that to its logical conclusion, you would have to vote every time somebody sneezes."

Solicitor Deron Gabriel also said no vote was required.

“The appeal of the civil service determination stemmed directly from the legal action brought by Phil Ross’ attorney challenging the publicly voted upon demotion,” he said. “In addition, (Manager Gino Rizza) stated that council was polled and a majority expressed a desire to stand by and not revisit their prior demotion, based on the evidence of record.”

That polling, he said, did not constitute a vote.

“The polling is an ancillary fact and was done by the manager to determine if the matter was to be placed upon the voting agenda,” he said.

Hodson stood by her assertion that a vote was needed.

“The result of that poll was to proceed with an appeal. This was an action by council, which must be voted on,” she said Wednesday.

Melissa Melewsky, an attorney with the Pennsylvania Newspaper Publishers Association, said in her experience, most agencies vote whether to appeal.

“As a public access advocate, I would say yes, they should have voted on it. But I don’t know that that wins the day in court,” she said.

“The problem is, there’s nothing set in concrete whether an appeal is an official action,” she said.

Drew Lehman said he supported the appeal.

"When the issues were brought out, there was nothing brought out to disprove or dispute the issues that Gino and the borough brought against Phil," he said.

Schmidt said it was always clear the borough would appeal if Ross won before the Civil Service Commission.

"When I was a little kid, (Ross) was always kind and I looked up to him. In recent years, I have gotten to know him and Michelle a bit and think that they are wonderful people," she said. "That being said, I just don’t feel that Phil was getting the job done as chief."

She said she didn't understand why he appealed his demotion and had thought, based on conversations with him, that he would have stepped down.

"Another thing that I don’t understand is why the people that are upset haven't taken a look out their windows and realize that we now have a police force under (acting Chief Richard) Dwyer's leadership that is getting out there and doing their jobs," she said. "I have seen more car patrols and foot patrols in the last few months than I have in the last few years combined and I have heard the same thing from loads of people."


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