Northern Cambria: Dismissal sought in former chief’s suit

The seven-member council serving Northern Cambria Borough is seeking dismissal of a lawsuit filed in September by its former police chief, who contended he resigned after months of bickering with the mayor due to an intolerable working environment.

Former police chief Derek Stitt stated in his lawsuit that he and Mayor Lisa Tomallo Mays repeatedly clashed after Mays appointed Sgt. Tonya Marshall to become a School Resource Officer for the Northern Cambria School District in November 2023.

Stitt opposed the appointment because Marshall was the department's K-9 officer and because she had not completed the specialized training required for the position.

Marshall herself filed a grievance, challenging the appointment.

Stitt's lawsuit stated the mayor, who under the borough's code had "full charge and control of the chief of police and the police department," reacted to Stitt's opposition with hostility.

It is alleged that she retaliated against him by ordering him to become the Resource Officer.

He declined because he also did not have the training to serve in that capacity.

The dispute eventually ended when the previous Resource Officer agreed to continue in that post and Marshall withdrew her grievance.

Council, during an executive session, "affirmed Sgt. Marshall's duties as a K-9 handler and deemed the SRO position to be outside the scope of her qualifications."

However, the Stitt lawsuit charges that the initial head-bumping with the mayor was only the beginning of what occurred over the next few months.

For instance, in November 2023, the mayor is alleged to have told the police union's grievance representative that Stitt and the K-9 officer were in a romantic relationship.

The mayor denied such a comment during an earlier interview with the Mirror, and both parties noted it was false.

The Stitt lawsuit also charged that the mayor interfered with the operation of the police department, involving herself in the assignment of police vehicles and scheduling.

On Jan. 2, 2024, council directed a letter to the mayor addressing the "deteriorating relationship" between her and the members of the police department.

That letter called the mayor's actions "extremely unprofessional."

After the letter was issued, the mayor sought an injunction from the Cambria County Court of Common Pleas to enjoin council from interfering with her authority over the department.

The injunction request was denied.

Also during this time period, Trooper Mark Galli of the Ebensburg Barracks is alleged to have gone to the home of councilman Donald Ferguson regarding his possession of a firearm that was given to him for safekeeping by a former police officer. Galli allegedly threatened to arrest Ferguson.

The councilman contacted Stitt, who prepared an incident report of Galli's investigation. He also contacted the FBI and turned the investigation over to those agents.

He also reported Galli's visit to the state police for an internal investigation.

In June 2024, the mayor placed Stitt on a one-day suspension for refusing to attend a meeting while he was on vacation.

Stitt maintains that suspension and subsequent suspensions violated his right to due process.

On July 8 of this year, he "resigned under protest" rather than be subjected to the "ongoing persecution" by the mayor.

Stitt, in his civil rights lawsuit filed in September with the federal District Court in Johnstown, names the borough, the mayor and Galli as defendants and contends in a six-count complaint that his First Amendment free speech rights were violated by the mayor and the borough.

In addition, he cites violations of his Fourth and Fourteenth Amendment rights by depriving him of due process. The borough, he charged, violated Pennsylvania's Whistleblower Law by forcing him from his post and, he stated, Northern Cambria Borough breached its contract with him.

Stitt is represented by attorney Benjamin E. Orsatti of Sewickley.

Attorneys Karin M. Romano and Suzanne B. Merrick of Pittsburgh, in a petition earlier this month, asked District Judge Stephanie L. Haines in Johnstown to dismiss the civil charges Stitt made against the borough council.

The circumstances outlined in Stitt's lawsuit do not support his contention that he was forced to resign or was under undue coercion or duress to resign, the borough's defense counsel contended.

The borough council maintains that the Stitt lawsuit does not show a "conspiracy" between the mayor, council and Galli to undermine his position as chief.

"The facts set forth in the complaint fail to show the required meeting of the minds between either the Borough and Mayor Mays, or the Borough and Trooper Galli. To the contrary, the Plaintiff's own allegations demonstrate that Borough Council denounced the Mayor's behavior toward him."

The council contends the Whistleblower Law does not apply in the Stitt case (involving his reports to the FBI, the state police and another report to the Supreme Court Disciplinary Board about actions of a former solicitor).

"The complaint is devoid of any allegations that (Stitt) reported abuse or loss of Borough funds or other resources, such that he has not demonstrated any reports of 'waste,'" the borough's petition stated with regard to the alleged violations of the

Whistleblower Law.

The petition concluded that Stitt failed to show that the borough breached his three-year employment contract.

The borough maintains Stitt's fight was with the mayor, not the borough, and it cites his letter of resignation in which he states, "I feel compelled to step down due to the ongoing concerns about harassment and unfounded allegations from the Mayor."

The petition filed by the borough does not seek dismissal of Stitt's claim that his First Amendment rights were violated. The mayor is the only named defendant on that count.

Haines has ordered that the mayor, represented by attorney Teresa O. Sirianni of Pittsburgh, file her answer to the lawsuit later this month.

Galli, represented by attorney Amelia J. Goodrich of Pittsburgh, is to file his answer by Dec. 21.