Suit filed over Liberty patrolman’s promotion bid

staff report

LIBERTY — A lawsuit filed by Ohio Patrolmen’s Benevolent Association on behalf of Patrolman Daniel Nichols of the Liberty Township Police Department seeks to compel the township to promote him to sergeant.

The lawsuit was filed Feb. 4 in the Court of Appeals, 11th Appellate District, in Trumbull County. The suit notes that Nichols took a Civil Service Commission test and was third on the eligibility list. Two others were promoted to sergeant last year.

The situation deals with staffing numbers, which allows for three patrol sergeants and two detective sergeants. The department is at that level.

The lawsuit notes that Sgt. Donald Mills, whose last day of work with the LPD was July 31, 2009, was approved for disability by the Ohio Bureau of Workers’ Compensation. The suit said Mills has exhausted all paid leave. But, Mills has not retired or resigned from the LPD.

“This is an awkward, strange situation,” Patrick Ungaro, township administrator said. He added that the township can’t technically promote Nichols to sergeant since that would make six sergeants on the force.

“It’s in the hands of the court now,” Ungaro said.

The situation also is complicated by the fact that the eligibility list for promotion was certified on or about Feb. 8, 2008, and expired Feb. 8, 2010.