A Vandergrift councilwoman is suing the borough in federal court, accusing five council members, the mayor and two police officers of a long list of infractions.
Councilwoman Karen McClarnon filed the civil lawsuit Friday morning through attorney William Lafferty. In addition to the borough, defendants listed in the suit include Vandergrift Council President Kathy Chvala; Council members Christine Wilson, John Uskuraitis, Tom Holmes and Lenny Collini; Mayor Barbara Turiak; police Chief Joseph Caporali; and Patrolman Nathan Rigatti.
Councilman Casimer Maszgay is not named in the lawsuit.
Borough Solicitor Larry Loperfito said he could not comment on ongoing litigation. None of the defendants listed could be reached for comment. Messages were left for each person.
The case is a culmination of several months of tension among borough officials. The lawsuit contains accusations of defamation, violation of free speech and two counts of violation of due process.
McClarnon accuses council members of conducting meetings in secret and violating the Pennsylvania Sunshine Law. On numerous occasions, she said, council has refused to give her prior notice of meetings. She cited as examples a January meeting with Kiski Area School District, a Parks/Pool Committee meeting in March and an Emergency Management meeting March 19.
At the latter meeting, McClarnon learned the time through a neighbor and attended. In her complaint, she alleges that Holmes shouted at her to “get out” and directed police officers to remove her when she refused. They did not. At the same meeting, according to the complaint, Chvala allegedly told McClarnon she would “pay a price” and be “punished” for attending.
McClarnon also accuses several borough officials of slander, namely Caporali, Rigatti and Collini. Her complaint contends Collini has spread false rumors that McClarnon was fired from her job as principal of Cardinal Maida Academy for stealing school money. The complaint also accuses Collini of saying McClarnon was hospitalized after suffering a nervous breakdown.
Caporali allegedly told a Vandergrift patrolman that McClarnon had phoned in to a January council meeting while drunk, according to the lawsuit.
McClarnon claims the police department has tried to intimidate her in numerous ways after her election to the council. She said that in one instance, the department pulled over her husband in front of the family residence without cause. Later, when she asked to see the police report through a Right-to-Know request, McClarnon said the department declined to produce the report “on the grounds of a possible ongoing criminal investigation.”
McClarnon alleges all defendants have acted to deprive her of her elected position on Vandergrift Council. According to the complaint, the borough has no written or standardized procedures, giving rise to error and impropriety.
She said she has been left out of key decisions on borough matters, refused information she requested and chastised for decisions within her own committees. McClarnon said she has not been given keys or an inventory of keys to any building, despite being on the building and grounds committee, and despite some non-council members having keys.
Lack of written borough policies “is a deliberate ploy to drive her (McClarnon) and other unwanted council members to resignation,” according to the lawsuit.
McClarnon said several council members refuse to speak with her on borough business. The complaint said Holmes has said at public meetings that “he will never communicate” with McClarnon because of advice he received from an attorney, while Uskuraitis has blocked McClarnon’s number on his phone. In a text message, he allegedly referred to her as “a psycho” who “just wants to fight with everyone.” Collini does not answer any message sent by McClarnon, the complaint alleges.
McClarnon has been a vocal critic of the council when it comes to matters of protocol and procedure. In March, McClarnon raised concerns over the council’s use of personal emails and the legality of Vandergrift’s uninsured website.
She accused multiple borough officials in her lawsuit of nepotism and “funneling tax money to close associates and family members.”
Chvala’s daughter is employed by the borough without a contract to maintain the borough website and email system, despite no experience in web development, according to the complaint. The complaint also said borough Secretary Steve DelleDonne’s daughter is employed without a contract to clean the borough building and police office.
McClarnon led a charge in January to have all council members sign paperwork required by state law, which members had neglected to do for the past six years. In her lawsuit, McClarnon complained she was treated differently by being required to sign the document, while sitting members were not.
She also has raised questions about some operations of Vandergrift’s Casino Theatre that have taken place without council oversight, including the construction of a $40,000 structure and the removal of trees. Additionally, she complained about the fiscal management of the borough pool, alleging pool employees are hired without contracts and there is no system for tracking earnings and expenditures.
The lawsuit seeks “appropriate” damages and the payment of attorney’s fees, and asks the court to restrain the defendants from continuing violation of the acts of which they are accused.
Vandergrift Council’s next meeting is Monday.
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