Fire chief settles conspiracy suit vs. Upland
He claimed officials conspired to force him to resign from council post
The complaint indicated Smith abstained from a 2013 vote approving expenditures to upgrade the firehouse, though Mitchell voted for the measure despite a potential conflict of interest with his employer and the company hired to do the work.
Upland Fire Chief Daniel Smith has settled a federal civil rights lawsuit against the borough, former police chief Nelson Ocasio and former council president Ed Mitchell, according to online court records.
No details on the settlement were available Tuesday, but the suit filed by attorney Jacqueline Vigilante on behalf of Smith last year claimed Mitchell and Ocasio conspired to create false allegations against him and threatened bogus criminal charges unless he resigned from council in the wake of a dustup over improvements at the fire house.
“The conduct of Ocasio and Mitchell to force (Smith) to resign from his council position was designed to retaliate against (Smith) for his complaints and to oppress (him) as a political adversary,” according to the complaint filed Dec. 23 by attorney Jacqueline Vigilante in the U.S. District Court for the Eastern District of Pennsylvania.
The settlement was reached May 22 following telephone conferences earlier this month with attorneys and Magistrate Judge Marilyn Heffley, according to court records.
Attorney Robert P. Didomenicis, representing Mitchell, had no comment Tuesday. Christopher Boyle, representing Ocasio, borough Solicitor Robert O’Connor and Vigilante did not return calls for comment.
Smith has served as the Upland Borough Volunteer Fire Department chief since 2006 and was appointed to fill a vacancy on council in 2012, according to the complaint. He was later elected to a full council term from 2013 through 2015. All members of council, as well as the mayor, are Republicans.
The complaint indicated Smith abstained from a 2013 vote approving expenditures to upgrade the firehouse, though Mitchell voted for the measure despite a potential conflict of interest with his employer and the company hired to do the work.
Mitchell attempted to have the fire company pay for more of the work than it was legally obligated to under prevailing wage rates, according to the complaint. Smith said he confronted Mitchell and refused to pay the additional funds on behalf of the fire company, pointing to an allegedly unapproved change order from the construction company as the culprit for the discrepancy.
Smith complained to others on council that Mitchell had acted unethically and should have been precluded from any involvement in the project, after which Mitchell issued a change order in Smith’s name authorizing an additional $10,000 the fire company was not obligated to pay, according to the complaint.
The suit also claimed Mitchell began a public smear campaign and colluded with Ocasio to harass Smith. Ocasio instructed borough officers to target Smith, according to the complaint, and an unnamed officer hand-delivered a letter to Smith’s place of employment informing him that he would be stripped of a vehicle issued to him as fire chief.
Ocasio and Mitchell allegedly told Smith he could either resign his position on council or be arrested. Smith claimed the arrest threats were not based on any probable cause. Ocasio also allegedly told Smith he could be arrested for carrying a weapon, though Smith said he was fully licensed to carry.
Ocasio has also filed a complaint in federal court alleging discrimination and related claims for wrongful termination after arresting borough council President Christine Peterson on forgery and theft charges last year.
Delaware County District Attorney Jack Whelan withdrew the charges against Peterson for lack of evidence. She has since denied Ocasio’s dismissal was based on anything other than job performance and said the borough intends to vigorously challenge the suit. Joseph Oxman, Ocasio’s attorney in the termination suit, said motions to dismiss his claims are pending.
Mitchell and businessman Thomas Willard have also been criminally charged in a $133,000 kickback scheme that includes allegations that Mitchell planted hidden cameras in borough hall. Mitchell is still awaiting a preliminary hearing before Magisterial District Judge James Merkins July 6, according to electronic court records. Willard is scheduled for a pretrial conference before Delaware County Common Pleas Court Judge John Capuzzi June 22.
The case against Mitchell and Willard was brought to the attention of law enforcement by Mayor Michael Ciach months before his own arrest in November for allegedly driving under the influence and fleeing the scene of an accident. Ciach has applied for Accelerated Rehabilitative Disposition, a probationary program for first-time offenders, according to court records.