Dormont Civil Service Commission Overturns Phil Ross' Demotion From Chief

Dormont’s Civil Service Commission overturned Phil Ross’ from police chief to sergeant, rejecting the borough's claim that Ross was, among other things, insubordinate and failed to run the department as council and management wanted.

The three-member commission voted unanimously Tuesday night and said Ross should be reinstated with back pay.

Ross said he was pleased, but declined further comment. He faces an Aug. 6 appeal hearing of his demotion to patrolman for in police cars.

About 30 Ross supporters—including Mayor Tom Lloyd, councilwoman Joan Hodson and police officers—in the audience applauded the ruling.

"It's a great result for Phil," said his attorney, D. Scott Lautner. "It's the first of several steps for him to get vindication and show that we're right: it's a personality conflict. It's a shame that there's so much wasted money from the Borough of Dormont over this issue. There were many ways that this could have been handled without expending thousands of dollars in legal fees for charts, graphs and everything else (presented by the borough at the appeal hearing.) But for reasons unknown, they've chosen not to do that."

"The voters are the ones that are really going to sit back and take a look at what's happened and see: 'Did this need to happen?' and I come back to the same thing: why do you attack, personally, a man who's already put 27 years in, doesn't have a blemish on his record, and has for all intents and purposes retired?" he said, referring to Ross' participation in the borough's deferred retirement option plan.

Neither Borough Manager Gino Rizza nor any council members who were present. Chris Gabriel, the borough's labor attorney, said the borough would appeal to the Allegheny County Court of Common Pleas.

"The standard by which the commission was required to review the case was: 'Was there substantial evidence to support the charges brought by borough council?' The commission was presented with six hours of testimony and approximately 30 exhibits, including exhibits included by Phil Ross where he admitted responsibility for at least one of the things for which he was charged"—failing to properly maintain vehicles—Gabriel said.

Charges included (see photos of commission documents) failure to manage the schedule efficiently, failure to keep Rizza and council reasonably informed of police activity and failure to effectively carry out discipline.

But the commission said it was bound by law to dismiss the charges based on insufficient evidence.

“The Civil Service Commission has no personal or political connection to Phillip Ross or members of borough council. The Civil Service Commission decision in this case is based solely upon the evidence presented, and it finds the evidence to be both insufficient, as a matter of law, and further finds that the evidence is not credible, to sustain the charges brought,” its ruling said.

Commissioners Mary Cothran, Don Militzer Sr. and George V. Papuga III declined to further elaborate.

Gabriel found it peculiar the commission would state it had no connection to Ross or council.

"Why would they say that," he said. "It doesn’t seem like there's any questions as to whether they have a political connection to borough council."

Lautner said he needed to discuss with Ross what duties Ross would perform at work in light of the ruling, but said Ross would do "his job, like he always does."

The borough has hired Richard Dwyer as acting chief for $5,500 a month.