An Ambridge police officer suspended without pay after he was indicted on federal charges of obstruction and criminal conspiracy is receiving unemployment compensation.

Lt. Robert Kuzma was indicted, along with former Sgt. Richard Heitzenrater, on Aug. 26.

Mr. Heitzenrater is accused of using excessive force against a man who allegedly urinated in front of his grandchild and another child in the borough on Feb. 20.

After the suspect, David A. Baker, was arrested and charged with several counts, including public drunkenness and indecent exposure, prosecutors say Mr. Heitzenrater assaulted the man while acting in his official capacity as a police officer.

Lt. Kuzma is accused of helping cover up the incident and destroying video evidence of the alleged assault.

Mr. Heitzenrater retired before the criminal charges were filed, but Lt. Kuzma was suspended without pay on Aug. 28.

According to paperwork from the state Department of Labor & Industry, Lt. Kuzma applied for unemployment compensation on Sept. 6.

His initial claim was denied, but Lt. Kuzma filed an appeal on Oct. 5.

In his paperwork, he explained why his appeal should be granted.

"The grand jury indictment is an allegation and the claimant has not been convicted of any involvement in this incident," Lt. Kuzma wrote on his appeal petition.

A hearing on the matter was held on Nov. 10, and Referee Heather Wheeler found that Lt. Kuzma did qualify for compensation.

According to documents in the case, Lt. Kuzma, who earned $62,240 in the year before he was fired, is entitled to a weekly rate of $558 for a maximum of 26 weeks.

In her decision, Ms. Wheeler cited a 1976 opinion by the Commonwealth Court that found that "more is needed than mere evidence of an arrest for a crime. The employer must present some evidence showing conduct of the claimant leading to the criminal arrest, which is inconsistent with acceptable standards of behavior and which directly reflect upon the claimant's ability to perform his assigned duties."

Ms. Wheeler wrote that the borough failed to provide that evidence.

Ambridge Borough Manager Kristen Denne said it was explained at the hearing why Lt. Kuzma was suspended.

But James Carroll, an attorney who specializes in labor law, said an explanation is not enough.

While unemployment compensation is intended to provide workers with money when there is an interruption in employment, it is only to be paid when that interruption is through no fault of their own.

"You're not eligible if your unemployment is due to willful misconduct," Mr. Carroll said. Criminal charges against a police officer while on the job would be a good example of that, he said.

"You would certainly think at first glance that would qualify as willful misconduct."

But, he continued, it would have been up to the borough to provide ample evidence of that misconduct.

Borough Council President Gerald McCoy said he understands why the unemployment compensation referee didn't hear all the details of the charges.

"Our borough manager was there, and she wasn't privy to that information because it's a federal case," he said.

But Mayor Carl "Buzz" Notarianni didn't see it that way.

"I'm disappointed that the borough manager did not present all the information of the alleged violations involved in the case."

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