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Part-time Lansford officer files suit, says denied due process

A part-time Lansford police officer filed a federal lawsuit against the borough Tuesday, claiming he was deprived of due process when removed from the police schedule earlier this year.

Gilbert Diaz, who worked as a part-time officer for six months between November and April, is seeking reinstatement, back and front pay, nominal, punitive and related damages and public apology.

Named as defendants, individually and in their respective borough roles, were: Mayor Hugh Vrablic, police Sgt. Shawn Nunemacher, and council members George Gilbert, Joseph Butrie, Jack Soberick and Jennifer Staines.

According to the suit, Diaz was working 40-plus hours a week as an officer under Police Chief Kyle Woodward, who left the post effective April 1.

Diaz applied for the open position of police chief and later learned that Nunemacher was “agitated” over Diaz seeking the job, which Nunemacher felt “was his for the taking,” the suit said.

Vrablic emailed all of the officers on April 2, the day after a farewell celebration for Woodward — attended by his coworkers and Councilwoman Michele Bartek — that it was an improper meeting and all officers should refrain from speaking to Bartek, the suit said.

Diaz was paired with Lansford Detective Joshua Tom in the following two weeks while Nunemacher was away for supervisor training, the suit said.

Tom told Diaz the “ongoing issue” between him and Nunemacher needed to stop and requested they meet to “clear the air,” the suit said. Diaz told him he didn’t have an issue with Nunemacher, who serves as officer in charge in lieu of a police chief.

Later, Diaz overheard an obscenity-laced exchange between Nunemacher and a Lehighton police officer, in which Nunemacher said he was never going to be chief due to the council president, the suit said. Bruce Markovich serves as council president, and is not named as defendant in the suit.

Nunemacher also stated that Diaz made a mistake in applying for the chief’s position and that he should withdraw, as he was “next up” for the post, the suit said.

On April 10, Diaz heard from coworkers that Nunemacher was asking questions about him, and then Nunemacher asked to meet with him. Nunemacher provided him with a write-up on an arrest a month earlier in which an item was missed in a search and found by jail staff, the suit said.

Nunemacher also told Diaz he wanted him to end the “back-stabbing” and other talk, the suit said.

Diaz emailed Vrablic saying he wanted to file a complaint as he felt he was being retaliated against by Nunemacher for applying for the chief’s position, the suit said.

On April 12, Diaz received an email from Vrablic saying he was removed from the schedule pending an investigation based upon external complaints, the suit said. Diaz had been scheduled through June.

Diaz requested in writing that he be advised of the charges against him, the suit said. On June 19, Diaz’s counsel, in a letter to the mayor demanded that he be afforded due process under state and federal law.

On Aug. 13, a motion was introduced to council to schedule a hearing with Diaz present regarding him not being on the schedule. The motion was defeated with the councilmen named in the suit voting against the hearing.

The suit also states that when Bartek attempted to schedule a meeting where Diaz would be provided “some semblance of due process,” the mayor suggested that Bartek and Diaz were in a sexual relationship.

The suit also alleges that Soberick “spread rumors” that Diaz had been arrested for domestic violence and had a protection from abuse order against him, which was not true.

Other alleged false statements that were made included Nunemacher telling the incoming mayor that Diaz failed a polygraph test, and Nunemacher told a councilman that Diaz shredded his background investigation or didn’t have one.

The suit states that Diaz has not been scheduled for work, been advised of the charges against him or given the opportunity to state his position.

The first count of the suit claims that Diaz was denied his right to due process under the 14th Amendment of the U.S. Constitution regarding his “de facto” termination and lack of a hearing to present his side.

The second count claims that the statements made about Diaz placed him before the public in a false light, and he suffered damages to his reputation and standing in the community, and ability to find work.

The third count claims defamation in the statements made by Vrablic regarding Bartek and Diaz being involved sexually; Soberick’s statements regarding Diaz being arrested for domestic violence; and Nunemacher’s statements regarding his employment records.

Gilbert Diaz