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Dismissed police sue Duquesne City School District
Thursday, February 04, 2010

In June, the state board of control overseeing the Duquesne City School District terminated the contracts of the four school police officers who provided security at the Duquesne Education Center.

Now two of those officers have sued the district and the Allegheny Intermediate Unit, which manages the Duquesne district. The officers allege they lost their jobs because they reported to the Allegheny County District Attorney's office that Duquesne school officials were covering up crimes committed by students.

In a suit filed last week in Common Pleas Court, Joseph Hicks and Andre Hughes, said they met with a deputy assistant with the Allegheny County District Attorney's office in March 2009 to inform the DA that school officials were suppressing the reporting of crimes committed by Duquesne students.

"There were students in fights, students carrying weapons, threats to teachers, knife fights," said attorney Samuel Cordes, who filed the suit on behalf of the officers. "What they were told is that they would handle this in-house and there would be no calling of the police."

Sarah Zablotsky, spokewoman for the AIU, referred calls to the law firm Andrews & Price, which represents the district. But attorneys for the firm could not be reached for comment.

The Duquesne district serves students in kindergarten through grade 8. High school students in Duquesne attend either East Allegheny or West Mifflin Area high schools.

Mike Manko, a spokesman for Allegheny County District Attorney Stephen Zappala, confirmed that the officers visited the DA's office in March.

"They had concerns about how the school district and police department were interacting," Mr. Manko said.

But the DA's office did not see any reason to intervene.

"There never was nor is there going to be any criminal investigation," Mr. Manko said.

The lawsuit contends that school officials became aware of the officers' reports to the district attorney and as a result, informed all of the school police in writing on May 28 that their contracts would not be renewed when they ended June 30.

At the May meeting of the board of control, it voted to terminate the contracts of the four school police officers as of June 30. At the time, board of control Chairwoman Audrey Utley said the board wanted to make other plans for security, plans that might include hiring a school resource officer.

In July the board hired Victory Security Agency to provide temporary security services to the district.

The suit said Mr. Hicks had been employed by the district since January 2007 and had served as the chief of the Duquesne School Police. Mr. Hughes had been employed by the district since February 2007. The suit says both men were jointly employed by the district and the AIU.

The suit claims that the firing of Mr. Hicks and Mr. Hughes violated their First Amendment right to "speak on matters of public concern."

The suit also contends that the officers should be protected under the Pennsylvania Whistleblower Law, which protects employees from discrimination for reporting issues of waste and wrongdoing to authorities.

The officers are seeking reinstatement to their jobs, payment of back wages and benefits and damages exceeding $25,000.

Mary Niederberger: mniederberger@post-gazette.com; 412-851-1512.
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First published on February 4, 2010 at 12:00 am