Suspended Fawn police officer files federal lawsuit alleging violation of rights

A suspended Fawn police officer alleges in a federal lawsuit that three township supervisors and the police chief conspired to deprive him of his rights after he would not cite a supervisor’s neighbor for an outdoor fire earlier this year.

Keith F. Lazaron II, 35, of Allegheny Township filed the suit in U.S. District Court in Pittsburgh against the township, supervisors David Montanari, Charles Venesky and David Norris Sr., and police Chief Tim Mayberry.

The suit alleges Lazaron was unlawfully suspended without pay and brought up on charges because he refused to issue a citation against one of Montanari’s neighbors.

Lazaron said he’s looking for justice.

“I just want my job back,” Lazaron said Tuesday. “I love the people of Fawn. There’s no other place I’d want to work.”

The two remaining township supervisors, Jay Swager and Phillip Smozski, were not named as defendants because “they’ve been truthful and honest throughout the whole entire investigation,” Lazaron said.

“This is all over one supervisor, which is David Montanari,” he said.

The lawsuit comes after a hearing for Lazaron before township supervisors in July was called off over concerns that Norris, who was participating by telephone from Florida, could not hear.

Lazaron and his attorney, Craig Alexander, wanted to proceed with the four supervisors present, but the board voted to postpone the hearing to accommodate Norris. They argue the delay violates Lazaron’s rights under the state Police Tenure Act.

The suit alleges that Lazaron was denied his rights to a statement of charges and a hearing before his paid suspension was changed to an unpaid suspension, which supervisors have never voted on.

The lawsuit also alleges that supervisors violated the Sunshine Act by discussing Lazaron’s employment in private without notifying Lazaron, which came to light during the aborted hearing. Under the act, an employee is required to be notified of such discussion and to ask that it take place in public.

The lawsuit says Lazaron has suffered lost wages and benefits, embarrassment, humiliation, mental anguish and loss of self-esteem. He seeks reinstatement with full back pay and benefits, compensation for non-economic damages, punitive damages and attorney fees and costs.

Mayberry declined to comment on Tuesday. Montanari and Venesky could not be reached for comment, nor could township Solicitor Steve Yakopec Jr.

The suit alleges that Norris owns property in Fawn, but has been a resident of Florida for more than a year. He could not be reached when an attempt to contact him through the township office was made.

Mayberry and Lazaron are the township’s only police officers. According to the suit, Lazaron was hired in June 2019.

After a six-month probationary period, Mayberry gave Lazaron a positive performance review, which Montanari, as chairman of the supervisors, signed off on.

According to the suit, on April 18, Montanari directed Lazaron to go to a home two lots away from his residence and cite the resident for having an outdoor fire. Finding the fire was not creating any smoke and properly contained in a fire pit, Lazaron determined there was no violation and then responded to a 911 dispatch for backup in Tarentum.

When Lazaron told Montanari in a text message that the fire was not a violation, Montanari allegedly responded with, “BULL——,” and later said “that he did not understand why it is so hard to walk up to someone and hand them a piece of paper and walk away.”

The suit alleges the men ran into each other 10 days later in the municipal building parking lot. Montanari allegedly told Lazaron that the next time he saw a fire on the neighbor’s property, he would not call the police but instead, “just throw the (expletive) in the fire himself.”

The suit says Lazaron asked Mayberry why Montanari was so upset about the matter when they were on their way to weapons training on May 7. Mayberry allegedly told Lazaron that Montanari made him go to 911 to confirm that Lazaron got the dispatch to go to Tarentum the day of the fire.

Five days later, Montanari allegedly called Lazaron and said, “I heard you have an issue with me.”

Lazaron says he asked that all future calls be handled through 911.

On May 18, Mayberry allegedly asked Lazaron how he knew about the 911 tapes, to which Lazaron said it was Mayberry, himself, who told him. Mayberry then allegedly had Lazaron sign a Garrity warning, an advisement of rights given to employees who may be the subject of an internal investigation.

Lazaron filed a complaint with the state Human Relations Commission on May 20. On May 27, Lazaron says he got a letter from the chief saying his training scheduled for June 12 and 13 was canceled because it was “an unnecessary expenditure and not included in this year’s police budget.”

In a phone call the next day, Mayberry allegedly asked Lazaron again about the 911 tapes and told Lazaron he was being placed on paid administrative leave because of his behavior and attitude.

Lazaron said he believes elected officials using police for personal agendas “happens throughout townships and boroughs.

“I’m putting my name to it,” he said, “and I want to follow this from start to finish.”