Councilman sues former employer
An Allegheny County councilman has sued his former employer, the state Department of Revenue, as well as several of its top officials, alleging that he was subjected to discrimination, harassment and defamation that led to his firing.
James R. Ellenbogen, a Democrat from Banksville who is running for re-election this year in council District 12, filed the complaint Friday in U.S. District Court in Pittsburgh.
Mr. Ellenbogen on Aug. 24 was suspended without pay from his job as an administrative officer for the department and was fired Oct. 6, according to the complaint.
His lawsuit alleges he was not shown any of the evidence against him and was not allowed a proper pre-suspension or pre-termination hearing.
Mr. Ellenbogen said in a phone interview Friday night that the allegations made against him of creating a hostile work environment, harassment and sexual harassment were not true.
“The department acted on false allegations,” he said. “And the reason for those false allegations I look forward to telling to a judge.” He declined to elaborate. The suit also alleges the department violated the Americans with Disabilities Act because Mr. Ellenbogen’s health issues were “a determinative factor in his termination.” Mr. Ellenbogen was diagnosed in 2011 with cardiac atrial fibrillation and cardiac myopathy, which limited him in certain ways even though he could perform all of his office duties.
Because of the department’s “improper, arbitrary and capricious actions,” the lawsuit said, Mr. Ellenbogen suffered damage to his professional reputation, loss of his earning capacity, embarrassment and personal indignity.
He is seeking back pay, front pay, fringe benefits, and compensatory and punitive damages and wants the defendants to apologize and retract all charges against him.
Defendants named in the suit include the department; Eileen McNulty, secretary of revenue; Robert P. Coyne, executive deputy secretary of revenue; Linda K. Miller, human resource director for the department; Dale K. Simpson, area operations director; and Thomas W. Scott, bureau of collections and taxpayer services.
Mr. Ellenbogen is running for re-election against Robert Palmosina in county council District 12, which encompasses Dormont, Green Tree, Ingram, Mount Oliver, Rosslyn Farms and several southern and western neighborhoods in Pittsburgh.