A lawsuit filed by the former police chief in East Greenville against Borough Council and the mayor has been transferred to federal court. Andrew Skelton's civil case will proceed through the United States District Court for the Eastern District of Pennsylvania in Philadelphia.

            The case was transferred from the Montgomery County Common Pleas Court to the federal court on Sept. 14. The defendants – who include the nine members of council and Mayor Keith Gerhart – authorized the removal from county court through their attorney, Anthony Sherr, of Norristown, according to the notice posted on an electronic public access service of United States federal court documents known as PACER.

            The basis of the removal from county court includes claims by Skelton that the defendants violated his constitutional rights. Additionally, the plaintiff argues that his termination sets forth a cause of action pursuant to the U.S. Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 and the Rehabilitation Act of 1973, according to language of the notice.

            Three attorneys from Sidney L. Gold & Associates, P.C., a Philadelphia firm – Leanne Lane Coyle, Sidney L. Gold and William Rieser – will represent Skelton. Jan E. DuBois, a senior United States District Judge for the Eastern District of Pennsylvania, is listed as presiding judge, according to court documents.

            Council voted unanimously on May 16, 2019 to remove Skelton as the chief of the Borough of East Greenville Police Department following a two-year tenure. They voted similarly to accept a ruling from a hearing officer – hired by the borough – who found a sufficient basis, based upon the evidence of record, for his termination.

            Skelton, a retired state trooper, took himself off duty at 4 p.m. on Sept. 6, 2018. One day earlier, he registered a formal complaint with Borough Manager Jim Fry and Solicitor Michael Peters regarding a Sept. 4 public disclosure by Gerhart of a safety issue at the police station. Fry and Peters refused to respond to the former police chief's complaint. Skelton also requested that the District Attorney's office conduct a similar investigation, according to the legal document.

            On Sept. 10, a doctor diagnosed Skelton with anxiety and hypertension, which constitutes a disability within the meaning of the ADA and the Pennsylvania Human Relations Act in that they substantially impaired one or more of his major life activities such as sleeping, concentrating and thinking. Skelton then contacted Gerhart and Fry requesting an 11-day medical leave recommended by his doctor.

            The manager responded by delivering a counseling memo denying the request and threatening administrative action. The plaintiff believes the memo was issued at the direction of the mayor, according to the 28-page legal document.

            After receiving the memo, Skelton requested that Fry and Peters provide contact information for the borough's Human Resources Policy. The manager and solicitor never responded, which signified their failure to engage in the interactive process, according to the court document.

            Skelton filed a grievance against Fry in accordance with the borough's policy. The manager responded with an email "demanding that Skelton produce a 'detailed written report' from his physician by Sept. 12."  The filing claims that the policy does not require a "detailed medical report" in order to grant a brief medical leave. On Sept. 13, Skelton registered another complaint against Fry. In response the manager issued a letter on behalf of Gerhart threatening to suspend or fire the police chief, according to legal records.

            On Sept. 20, the suit alleges, Fry, acting on behalf of the mayor, threatened suspension and/or termination if Skelton did not provide a "detailed medical report explaining why the discussion at a Sept. 4 public meeting regarding the purchase of steel walls for the police station justifies your use of two weeks of sick leave." 

            The suit describes the letter as evidence of retaliatory animus of the mayor and council towards the law enforcement officer.

            Skelton responded by saying he was suffering from anxiety and would be reevaluated by his physician on Sept. 26. He requested a brief extension of his medical leave. The following day, Fry responded with another letter on behalf of the mayor demanding a copy of the detailed written report, according to the suit.

            On Oct. 1, Skelton registered a complaint with the borough regarding its lack of response to his prior requests for clarification on his requests for accommodation and his related complaints. Four days later Gerhart issued a "final directive order," demanding a "medical report explaining why the events of Sept. 4 justified the use of sick leave." The filing claims the order is evidence of the mayor's discriminatory bias against the former officer and an attempt to punish him for engaging in protected First Amendment activity.

            Skelton claims a campaign of discrimination continued against him despite his request for reasonable accommodation. According to the suit, on Oct. 19, Gerhart sent him a letter accusing him of insubordination and detailed a continuing investigation against him. The suit also claims the mayor falsely misrepresented Skelton's ability to drive and carry firearms. The plaintiff then filed another complaint of retaliation, according to the document.

            In response to another grievance filed by the plaintiff, municipal officials issued a Loudermill Notice (a specific written notice of charges), again threatening to discipline Skelton. He responded by filing another grievance based on the defendants' retaliatory conduct, specifically the borough's failure to respond to his previous emails and complaints "of its blatant efforts to concoct grounds for 'insubordination' as a pretext for discrimination and retaliation." Gerhart issued a "notice of suspension with intent to terminate" on Nov. 8, the lawsuit states.