Skip to main content

Council eyes another appeal

March 2, 2011

Brian Andrekovich

PUNXSUTAWNEY ‚ÄĒ Punxsutawney Borough Council continues to discuss the possibility of appealing Judge John Foradora‚Äôs ruling regarding the reinstatement of terminated Punxsutawney Borough Police Officer Brian Andrekovich.

Last week in a written opinion, Foradora denied council’s appeal of the Punxsutawney Civil Service Commission’s order to rehire Andrekovich.

According to Brian Gabriel, of Campbell, Durrant, Beatty, Palombo & Miller, P.C., Pittsburgh, the law firm representing the borough in its appeal, no decision has been made whether or not to appeal Foradora’s opinion.

In its July 2010 report, the Civil Service Commission ordered that Andrekovich be reinstated as an officer after council fired him stemming from the Aug. 15, 2009, death of Stephen Obbish, 48, in the back of a borough police cruiser.

Aug. 9, 2010, Punxsutawney Borough Council voted 5-1 to appeal the commission’s order.

Foradora said the court concurred with the commission’s report, which said there was insufficient evidence to support the council’s reasoning behind firing Andrekovich.

‚ÄúThe court, having reviewed the entire record, including the video surveillance DVD, the hearing transcripts and the exhibits produced at that hearing, agrees that the evidence was insufficient to sustain the charges identified by council in its statement of charges and as further defined in his termination letter,‚ÄĚ Foradora wrote, and that ‚Äúthe court agrees that council terminated Andrekovich when there was not sufficient evidence to sustain the charges against him.

“Andrekovich had no forewarning of that result, though, which leaves the court to wonder how council could reach its conclusion when Andrekovich’s decisions that day were not proscribed by law, by necessary implication given a police officer’s role, or by applicable written policies.

‚ÄúThe court concurs with the commission‚Äôs report, which, unlike borough council‚Äôs statement of charges and termination letter, was well supported by the evidence,‚ÄĚ he wrote.

Council President Susan Glessner said it has only a short period of time to make its decision on whether or not to appeal Foradora’s decision to a higher court, and it will do so soon.

There has been no comment from Andrekovich or his attorney regarding Foradora’s decision.

PUNXSUTAWNEY ‚ÄĒ One vehicle was towed from the scene in a two-vehicle accident that occurred at 5:21 p.m. on Monday at...
PUNXSUTAWNEY ‚ÄĒ¬†On Saturday evening, members of the 2015 class of the Punxsutawney Sports Hall of Fame ‚ÄĒ joined by their...
TIME Magazine has revealed the 2015 TIME 100, its annual list of what it considers the 100 most influential people in...
Eastern Conference Game 1 Chicago Bulls 103 Milwaukee Bucks 91 The Bucks came out in the first half...
It was another installment of the Route 36 Rivalry on Monday ‚ÄĒ one that went quite well for Punxsy...
VIDEO OF THE DAY: Mixed Bag for Tiger Woods in Masters Return In his first round of competitive...

 

Premium Drupal Themes by Adaptivethemes