Rush Township supervisors were upheld by the Pennsylvania Commonwealth Court in dismissing Police Chief Robert J. Romanick, of 588 Fairview St., Tamaqua, from the force in 2009.

Romanick first appealed the supervisors' ruling to Schuylkill County court and Judge Cyrus Palmer Dolbin upheld the township's ruling. He then appealed to the higher court which now affirms Dolbin's ruling.The state court stated it reviewed four issues: whether Romanick was removed from his position; whether the township failed to comply with the Polce Tenure Act and due process; whether Romanick engaged in activity prohibited by theTenure Act; and whether the township failed to establish that the proven charges were sufficient to Romanick's removal. The court affirmed all four issues.Romanick was hired on Aug. 1,1999, as a full-time police officer and on Jan. 5, 2005, was promoted to chief.He was removed as chief after he turned down the supervisors' offer to return to the rank of patrolman. In his appeal he claimed he was removed without proffering charges against him. Dolbin ordered the supervisors to list their reasons. The supervisors complied, listing the charges for which he was being dismissed.The supervisors identified the charges against him as "neglect" of duty, "incompetence and inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer," and citing several reasons for each charge.A hearing officer heard testimony from the township's secretary/treasurer Terri Conville, who testified she and Supervisor Marion Lazur had been asking Romanick for years to catalog the evidence room but he refused. She also testified Romanick was at times disrespectful to the supervisors and she heard him curse at them when they would give him directives.Supervisor Stephen Simchak testified Romanick purchased a rifle for over $1,000 with no prior approval from the board. He further testified when the supervisors would attempt to explain what the solicitor wanted from Romanick that his response was to call them "stupid" and used profanity and told them, "Its my department and I'm going to do it the way I want to do it."Simchak's wife testified about an incident at a block party in July 2006, when in front of many people she heard Romanick say, "Do you see that guy over there? That's Steve Simchak; he's the supervisor. One day I'm going to punch him in the (added a profanity) mouth."At the hearing Carmen Forke, the township's auditor, testified how Romanick would refer to the supervisors "as aholes and talk about how they don't know what they're doing."At the hearing Romanick admitted having disdain for the supervisors and that he was disrespectful to them at times. At the conclusion of the hearing the hearing officer ruled he found sufficient evidence for Romanick's dismissal.The supervisors adopted the hearing officer's decision and Romanick appealed to the county court. Dolbin ruled last August in favor of the supervisors. Romanick then took his appeal to the Commonwealth Court.A three judge panel, Chief Justice Dan Pellegrini, and Justices Robert Simpson and James Gordner (Senior Judge) upheld the findings of the hearing officer and Dolbin ruling.In support of their ruling they stated, "The record contains a long history of disciplinary actions against Romanick and indicates that the supervisors tried to work with Romanick to improve his attitude to no avail. Demolition/employment termination rather than suspension is justified in this case not only due to the gravity of the charges which bring the police department into disregard, but also due to Romanick's repeated failure to attempt to change his manner of operating as police chief. We conclude, therefore, that the facts in this matter, which are fully supported by the record evidence, do not justify interfering in the supervisors' exercise of its discretion by modifyng the sanctions imposed."