Shenango’s former police chief has filed suit against the township.

David Tresky — who was hired in the spring of 2008 — was fired by the same township supervisors about six months later.

Those supervisors — Larry Herman, Bob Peters and Bill Albertini — along with township solicitor Gabriel Cilli and the municipality are listed as defendants in the suit, which demands a jury trial.

Tresky also is seeking “in excess of $50,000” in compensatory and punitive damages, along with attorney’s fees and costs.

His suit claims that “as a direct result of the defendants’ conduct” Tresky suffered “lost wages, income, benefits and other remuneration as well as damage to his earning capacity as a police officer and/or police chief.” In addition, the suit claims, that conduct also resulted in him suffering damage to his reputation.

Tresky’s First Amendment rights were violated, according to the suit, because his firing “was motivated by a retaliatory animus on account of First Amendment protected activities.”

The suit, filed in the U.S. District Court in Pittsburgh, also claims his rights were violated under the Pennsylvania Whistleblower Law and his contract with the township was breached.

Cilli and Peters said they would not comment on the suit. Attempts to reach Herman and Albertini were unsuccessful.



WHAT HAPPENED?

In the suit, filed by Pittsburgh attorney Timothy P. O’Brien, Tresky claims the supervisors agreed three police officers would be promoted to the ranks of detective and corporals. They were selected and notified, according to the suit. However, after the promotions were announced, the supervisors informed Tresky they were “reneging on the promotions,” the suit notes.

It then outlines the following chain of events: The officers whose promotions had been rescinded notified Tresky of their intent to sue the township to enforce their promotions. Tresky told the supervisors that in any suit filed against the township, he would testify truthfully concerning the promotions that had been promised. After that, the supervisors began to treat him differently, including not speaking to him.

About the same time, the suit claims, a township supervisor told Tresky he should terminate a part-time female officer because she previously had filed charges with the Equal Employment Opportunity Commission against the township. Tresky informed the supervisor that to do so would be unlawful, so he would not fire her, according to the suit. Neither the supervisor nor the female officer is identified in the court documents.



FIRED

In a letter dated Nov. 14, 2008, and signed by all three supervisors, Tresky was fired. However, through his suit, Tresky said the reasons outlined in that letter “were not true, and were merely a pretext to terminate (him) on account of his protected speech under the first amendment and/or the Pennsylvania Whistleblower Law.”

At that time, Tresky said the supervisors had offered him the option of resigning, but he had refused.

“I said, ‘Why should I resign? I’ve done nothing wrong.’”

Cilli confirmed that Tresky had been given that option.

Saying he was “devastated,” Tresky noted he had bought a house in Shenango and, in mid-August of that year, had moved in with his wife and their two toddler sons.

In the letter firing him, the supervisors said Tresky had violated the police contract and policy manual as well as township policies.

The areas cited were scheduling of overtime and part-time employees, posting and changing the work schedule, covering shifts caused by call offs, hiring and dismissal, changes to the department and the collective bargaining agreement, and discriminatory and racial comments.

The last paragraph of the letter states: “Therefore, due to but not limited to these circumstances, the Shenango Township Board of Supervisors believe that you have not satisfied the terms of your probation and are terminating your employment with Shenango Township, effective immediately.”

At a public meeting Nov. 20, 2008, the supervisors unanimously ratified Tresky’s firing. At that meeting, Cilli said the board cannot disclose the reasons for the firing.

Because he was a probationary employee, Cilli said, there were no requirements to issue any warnings prior to terminating him. Tresky’s probation period began with his hiring May 1, 2008, and was to continue for a year.



HIRED

When Tresky was hired, Peters told The News that he had been one of 11 applicants for the police chief’s post, left vacant by the retirement of Alan Nocera.

According to Peters, an advisory board of two retired state troopers, a retired district judge, two local businessmen and a citizen reviewed the applications. The board recommended three candidates, whom the supervisors interviewed.

“He was the most qualified,” Peters said when Tresky was hired. “He’s very down to earth and fit the bill to a tee.”

“He has a strong background in police work,” Herman said at the time. “I think he will be a huge benefit to the township.”

Tresky, a 1974 North Allegheny High School graduate, had been a police officer for more than 30 years when he joined the Shenango force.

He graduated from the municipal police academy at Indiana University and began his law enforcement career in Washington County. He then went to Cranberry Township, where he served for more than a quarter-century before retiring as a corporal and taking the job in Lawrence County.