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Management conference ordered in Northern Cambria civil rights suit

Former Northern Cambria police chief suing mayor

The federal judge presiding over a civil rights lawsuit in which the former police chief of Northern Cambria Borough resigned due to intolerable working conditions has ordered that both sides participate in a case management conference scheduled for the first week of December.

District Judge Stephanie L. Haines in Johnstown indicated that the parties be prepared to discuss their pretrial preparations and the use of the federal court Alternative Dispute Resolution Program, or settlement, as a way to dispose of the case.

The conference is scheduled for Dec. 5, according to Haines’ recent order.

The order followed the filing of answers by the defendants, Mayor Lisa Tomallo Mays and Borough Council, to civil charges outlined in a Sept. 5, 2024, lawsuit by the former Chief Derek Stitt, who now resides in New Florence.

The former chief was hired in 2021 by the borough, but things began to go sour on Nov. 13, 2023, when Mays, who is in charge of the police department, ordered him to assign Sgt. Tonya Marshall, the K-9 officer for the department, as a School Resource Officer serving the local school district.

Stitt argued Marshall was not qualified to serve in that capacity, and that he himself had not taken a course that would qualify him as Resource Officer.

Marshall grieved the appointment and Stitt supported her grievance.

The issue was eventually dropped because a former Resource Officer decided to stay on the job.

Despite the apparent resolution of the issue, Stitt in his lawsuit, filed by attorney Benjamin E. Orsatti of Sewickley, stated that the Mays “reacted with unconcealed hostility” to Marshall’s filing of the grievance.

Attorneys for Mays, Teresa O. Sirianni and Connor M. Riley of Pittsburgh, filed an answer to the lawsuit in late October in which they admitted Marshall had filed a grievance concerning her appointment by the mayor as a school resource officer, but denied the suggestion Mays reacted with hostility toward the sergeant.

The Stitt lawsuit continued, noting that Mays, in talking to a police union official, allegedly defamed both Stitt and Marshall, contending they were having a romantic affair.

The conversation became a matter of public discussion by other officers during a council meeting.

Council, however, eventually reaffirmed Marshall’s K-9 handler duties and deemed the SRO position to be outside the scope of her qualifications.

Borough Council then decided a “conflict resolution conference” was needed to discuss the mayor’s behavior that included alleged surveillance and intimidation of Marshall.

In her answer, Mays contended she was “without sufficient knowledge about council’s proposed meeting ” and, therefore, she denied any allegations Stitt made about her actions toward the sergeant.

She denied another charge: that she didn’t want Marshall assigned to use one of the newer police cruisers as a K-9 vehicle.

It was also charged that she did not attend the conflict resolution meeting, but she and two associates circled the borough building during the meeting.

Those charges were specifically denied in her answer.

It was then charged that, on meeting days, she set up a schedule that forced Stitt to work more than 14 hours.

Mays denied that accusation.

On Jan. 24, 2024, council censured Mays for her actions against Marshall and for “Having recklessly spread baseless and wildly inappropriate rumors concerning the relationship between the Chief of Police and this officer.”

Mays then sought help from a county judge to enforce her control over the police department.

The county judge rejected the attempt by the mayor to enjoin council from interfering in her department.

The issues between the mayor and the police chief grew worse as time went on.

Mays suspended Stitt for a total of 41 days without pay toward the end of his tenure.

In a letter to the council, he sought help.

“Action is needed,” his letter to the council began.

Stitt reported officers were calling off due to anxiety and illness related to the ongoing hostility by the mayor.

The mayor denied the chief’s description of what was occurring and contended any “averments” of events should be confined to various written documents involving the case.

The chief, in a communication dated July 22, 2024, finally submitted his resignation due to the alleged hostile work conditions.

Stitt has sued the mayor for violations of his free speech and due process rights, as well as violation of the Pennsylvania Whistleblower Law.

He also has sued Borough Council for breach of his employment contract.

Mays emphatically stated in her answer to the lawsuit that she was not a party involved in the signing of Stitt’s contract.

Borough Council is represented by attorney Karin M. Romano of Pittsburgh.

Haines, in early October, upheld Stitt’s right to pursue his lawsuit, although she dismissed a civil conspiracy charge that included a state police trooper.

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