Ex-Pa. Chief Sues Dept. Saying Demotion Violated His Civil Rights

Former Dormont police Chief Phil Ross claims in a federal civil rights lawsuit filed Tuesday that borough Manager Gino Rizza, several council members and the council's labor lawyer violated his due process rights when they demoted him.

In particular, Ross claims that Rizza sprung a surprise "Loudermill" disciplinary hearing on him on Nov. 17 and, immediately after the hearing, handed him a letter notifying him of the disciplinary action taken against him.

His lawyer, D. Scott Lautner, said that act demonstrates that Rizza violated the law by deciding upon the punishment before the hearing.

"(Rizza) came up to him and handed him the letter, basically saying, 'Here's what just happened in your Loudermill hearing,' " Lautner said.

Dormont's Civil Service Commission ordered the borough to reinstate Ross, but the council is appealing that order in Allegheny County Common Pleas Court.

Lautner said he filed the lawsuit because the statute of limitations was about to run out on some of the violations Rizza and the council members committed. One defendant said it's obvious he filed the lawsuit to influence next week's election.

"Don't think for one second that this lawsuit isn't centered on the election season," said Drew Lehman, who is running a write-in campaign to retain his council seat.

Lautner said the dispute started "with Rizza thinking that the manager controlled the police department."

Lehman said it started with Ross agreeing during his hiring interview to do something about overtime costs and then ignoring his promise when he became chief. In recent years, some officers nearing retirement padded their final years' salaries with overtime to boost their pension benefits, he said.

"It was bankrupting Dormont," Lehman said.

Rizza and borough Solicitor J. Deron Gabriel couldn't be reached for comment. Ross' lawsuit also names council members Kim Lusardi, Laurie Malka, Eugene Barilla and Heather Schmidt, and labor lawyer Christopher Gabriel.

Lusardi, the council president, Malka and Barilla said they hadn't heard about the lawsuit and declined comment. Schmidt and Christopher Gabriel couldn't be reached.