Northern Cambria former chief sues
Stitt claims mayor created unbearable work conditions
The former police chief of Northern Cambria Borough, Derek Stitt, earlier this month filed a civil rights complaint in the federal District Court in Johnstown stating he resigned from his position in July due to the intolerable working environment created by the mayor, who placed him on suspension for 41 days without pay.
He maintains in his lawsuit he was suspended without a hearing and finally resigned because of the conduct of Mayor Lisa Tomallo Mays, who has been in office for the past seven years.
“The Mayor’s conduct … manifests callous indifference to Chief Stitt’s federally protected rights,” according to his claim that his First Amendment free speech and petition rights have been violated by the mayor and by the seven-member council.
He calls the mayor’s motive “evil.”
But, as a stone tossed into a clear and placid lake causes ripples, the dispute between the former chief and the mayor has spread far beyond the walls of Borough Hall and the town with a population of about 3,500 residents:
— Stitt requested an investigation of actions taken by a former borough solicitor by the Pennsylvania Supreme Court’s Disciplinary Board.
— The State Police through Trooper Mark A. Galli was allegedly brought into the situation by a complaint about the police department’s evidence room procedures and by the Cambria County District Attorney.
— The former chief then reported the situation to the FBI and the State Police Office of Internal Affairs.
Stitt also prepared an incident report on a visit by Galli and two other plainclothes officers to the home of Borough Council member Donald Ferguson in January 2024 allegedly involving his illegal possession of a firearm, which, as it turned out, had been given to him by a deceased friend.
Galli, the incident report stated, had been asked to investigate the alleged gun violation charges by Cambria County District Attorney Gregory Neugebauer.
But when the interview was completed, Galli’s message to Ferguson was, “You and the council need to let the mayor do her job.”
“The council and Chief Stitt are corrupt,” the Trooper is alleged to have stated.
The incident report, written by Stitt, concluded, “Trooper Galli’s unwarranted investigation and hostile demeanor represent a clear abuse of authority. His baseless accusations against Ferguson and offensive remarks about both the Borough and its police department further highlight his misconduct.”
This incident led to Stitt’s filing of a complaint with the State Police and his report to the FBI.
Stitt was hired by Northern Cambria as its police chief in 2021, after completing a 20-year career with the McKeesport Police Department.
According to the lawsuit, the relationship with Mayor Mays began to deteriorate in November 2023 when she directed Stitt to assign Sgt. Tonya Marshall, the only female police officer in the department, as school resource officer.
Marshall was also the department’s K-9 officer.
Stitt had recently agreed with the superintendent of the Northern Cambria School District to provide a certified school resource officer for the district.
Stitt, the lawsuit stated, objected to the mayor’s order because Marshall had not completed a course proffered by the National Association of School Resource Officers.
Marshall also submitted a grievance concerning the proposed assignment.
The mayor reacted to the grievance with “unconcealed hostility” toward Marshall, the lawsuit continued.
The mayor then demanded Stitt become the resource officer, but, he explained, he too was not certified to take the position.
The situation was eventually resolved when the existing resource officer agreed to temporarily continue working the position.
On Dec. 8, 2023, the mayor, the lawsuit continued, was observed doing “doughnuts” in front of the K-9 vehicle that Marshall used.
The next confrontation occurred when Mays began to erode Stitt’s power to make assignments and indicated he would be required to work 14 hours on days when the council met.
On Jan. 4, Borough Council sent a letter to Mays complaining that she was spreading false rumors accusing Stitt and the sergeant of having an affair (he was married and she was in a relationship).
Those rumors were in “complete disregard for the effect of such false allegations on their personal and professional lives,” the letter stated in censoring the mayor.
It criticized Mays for “wresting control of a variety of departmental responsibilities vested in the chief.”
The letter also noted she was attempting to interfere “with active cases.”
Police morale was also being affected, the letter stated.
Then in late January, Mays sought a preliminary injunction from Cambria County Judge Tamara R. Bernstein to enjoin Borough Council from interfering with her statutory authority as the town’s chief law enforcement officer and to enjoin the council from interfering with her executive authority “to exercise full charge and control of the Chief of Police and the police force in their day-to-day operations.”
The judge denied the injunction because Mays was unable to prove legal action was necessary to prevent “immediate and irreparable harm …”
The bickering continued, the lawsuit reported.
The incident that eventually led to the chief’s resignation occurred on May 20, 2024, when the mayor told Stitt he would be required to attend a meeting scheduled during his scheduled vacation.
He replied he would not attend.
He was suspended without pay for one day on June 11.
On June 17, he was suspended for 10 days (and finally indefinitely) without pay.
Stitt’s lawsuit names the borough, the mayor and Trooper Galli as defendants.
When contacted, the mayor indicated she couldn’t discuss the lawsuit but said, “There’s going to be more happening.”
Commenting on the chief’s civil rights petition, Mays said, “I find it all frivolous — that it has no merit.”
When asked about charges of her driving around the K-9 vehicle doing doughnuts or “wheelies,” she denied the incident.
And when asked if she spread rumors of a relationship between the chief and an officer, she emphatically stated, “Absolutely not.”
In his resignation letter, Stitt stated he continued to serve as chief “in the hope that the hostile work conditions would improve.”
“Unfortunately, these conditions have not only failed to improve, but have significantly worsened. I have been subjected to an unlawful suspension and denied my Fourteenth Amendment rights to hear allegations against me and to defend myself against this fraudulent investigation.”
He went on to say, “the level of erroneous and illegal activity within the county and borough is deeply disturbing … I should have been placed on paid leave until this matter was resolved.”
He wrote that during his time as chief, he improved the number of case closures, improved officer training, the vehicle fleet and filing systems, introduced a “quick ticket” system and enhanced the K-9 and School Resource programs.
Stitt, in his lawsuit, is seeking compensatory and punitive damages, as well as back pay and front pay.
Mays concluded her comments by saying, “We’re a good community here. I just don’t know what happened.”
The lawsuit was filed by attorney Benjamin E. Orsatti of Sewickley and the borough is represented by Pittsburgh’s Suzanne Merrick.
U.S. District Judge Stephanie L. Haines will preside over the case.