Ousted members of Forty Fort Civil Service Commission file lawsuit

WILKES-BARRE — Three former members of the Forty Fort Civil Service Commission ousted by Forty Fort Borough Council earlier this month have filed a civil lawsuit against the borough.

Robert Craig, Robert Swaback and Anthony Smith, through their attorney G. Vincent Tese of the Cyber Law Firm in West Chester, filed the suit seeking a court injunction to return to the borough’s civil service commission.

The three men allege in the suit their dismissal by borough council was illegal.

Craig, Swaback and Smith were removed from the civil service commission by six council members during a council meeting July 1.

During the council meeting, borough solicitor Attorney Gregory S. Skibitsky Jr. said the removal of Craig, Swaback and Smith was “for actions prohibiting the commission doing its job of hiring police officers for the borough.”

Craig was elevated to the civil service commission as an alternate following the resignation of Scott Serafin from the civil service commission on April 10. .

Skibitsky said during the July 1 council meeting that Swaback acted inappropriately by recognizing Craig as a voting member of the civil service commission.

Skibitsky said Monday afternoon he could not comment as he has not been served with the lawsuit.

The suit alleges borough council removed Craig, Swaback and Smith without any charges of wrongdoing or given an opportunity to defend their actions on the civil service commission.

The civil service commission, the suit says, was investigating the alleged mishandling of a police officer’s application that spurred Serafin to resign.

When civil service commission vice-president Sara Michaels convened a civil service meeting on June 17, , the suit alleges, Swaback refused to attend and Smith and Craig objected to the meeting as they claim it was in violation of the state’s Sunshine Act as the meeting was not properly advertised in advance.

During the June 17 civil service commission, Craig as an alternate member was permitted to cast a vote that resulted in shouts and threats that Craig, Swaback and Smith would be removed at the July 1 borough council meeting.

The suit seeks Craig, Swaback and Smith to be immediately reinstated to the civil service commission and all matters before the civil service commission be delayed until their return.