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A judge has reversed a decision by Craig Beach councilmembers to fire a police chief who was caught on a dash-cam video attacking a woman and then lied about it during his disciplinary hearing.
Mahoning County Common Pleas Judge Lou D’Apolito ruled Friday village council improperly fired Joe Borosky because they failed to go through the correct procedures when voting on whether to fire him.
Borosky filed the lawsuit seeking reinstatement to his job and back pay.
Village Solicitor Gary Van Brocklin said he was unaware of the ruling but would appeal any ruling against the village. When asked if Borosky would be reinstated he said: “He’s not coming back here, no matter what.”
Borosky’s attorney said the village must reinstate him and pay him back pay.
Borosky and village councilwoman Wanda Sabol are currently facing felony perjury and misdemeanor obstructing justice charges for lying during Borosky’s disciplinary hearing. During that hearing, however, only five of the six councilmembers were present.
The councilmembers there voted 3-2 to fire Borosky, failing to reach the two-thirds majority vote.
They called a special meeting weeks later and failed to notify Borosky, violating his due process rights, D’Apolito ruled. The sixth councilmember showed up to the second meeting, the mayor said everyone had reviewed the disciplinary hearing testimony and the councilmember voted to fire Borosky, giving council the two-thirds majority they needed.
D’Apolito’s ruling says the councilmember never said on the record during the meeting that he reviewed testimony and council only indicated the vote was a “re-vote” and not a supplementary vote.
No testimony was presented at the second meeting, also violating Borosky’s due process rights, the ruling says.
The village conducted an internal investigation into Borosky after several citizen complaints, including an excessive force complaint by a woman who Borosky forcefully pulled from her car and arrested.
Borosky is accused of lying under oath at a disciplinary hearing last summer related to a traffic stop he made. According to a police report, Borosky had claimed there was audio on a recording of the traffic stop and that the DVD was altered, but investigators later learned there was no audio.
Sabol is accused of lying to say she heard the audio portion of the video.