May 27, 2017 7 min read

An arbitrator found North Strabane had just cause in terminating a township detective accused of copying sensitive information.

John Wybranowski was terminated Jan. 22, 2016, for allegedly violating the township’s computer usage policy and police department orders for allegedly viewing and copying documents found on then-parks and recreation director Greg Sulc’s computer and cellphone.

Sulc resigned in March 2014 after the township launched an investigation into his using his township-issued computer, email and cellphone to help township Supervisor Sonia Stopperich – then his girlfriend and now his wife – with her campaign for the state House of Representatives.

In response to his termination, Wybranowski filed a grievance through the police union, which was denied May 15.

“I find (Wybranowski’s) testimony to be totally lacking in credibility, not only because he has a demonstrated history of dishonesty but also because much of his testimony was too ‘conventional and pat’ and often incredulous in light of uncontroverted facts,” stated arbitrator Ronald F. Talarico in his opinion.

Wybranowski was hired as a part-time patrolman in 1992, promoted to full-time officer in 1996 and appointed a detective in 2007.

“Obviously, we’re disappointed in the decision,” said police union attorney Christopher Cimballa of Welby Stoltenberg Cimballa & Cook. “At this point, we will look at the arbitration carefully to determine if we’re going to appeal the ruling.”

According to arbitration documents, township Manager Frank Siffrinn launched an investigation and confiscated Sulc’s cellphone and computer in February 2014 after receiving an inquiry from the Observer-Reporter about Sulc’s activity.

The township’s IT consultant at the time, Russ Stevens, reviewed the laptop and prepared a CD for Siffrinn of the contents, which allegedly included election campaign-related files.

Siffrinn asked Wybranowski to assist with examination of the phone, documents state, but Wybranowski told him he didn’t want to participate because his daughter worked for Sulc at one time.

Instead, an outside analyst was hired to review the phone, which, according to arbitration documents, contained “highly confidential and sensitive information,” including Sulc’s bank records and photos of both Sulc and Stopperich.

On March 4, 2014, the analyst delivered a forensic report of the phone to Siffrinn. Allegedly, the analyst gave a copy to his colleague, who transmitted a copy to Wybranowski. Wybranowski allegedly saved a copy on his desktop computer.

Wybranowski testified that Siffrinn contacted him and said he needed copies of the report, that he reviewed the report with Siffrinn, and that he told Siffrinn he would keep copies of the report on his computer and save them to a police department Forensic Evidence Recovery Device (FRED) to archive them.

During testimony, Siffrinn denied reviewing the contents of the phone with Wybranowski.

Wybranowski allegedly admitted that he saved a copy of the computer content, containing campaign election-related material, to his desktop and to the FRED.

He testified that he copied the phone analysis from one storage device to another, which he said he turned over to the township when he was relieved of his duties. He said he saved copies in two versions because “two different formats give you two different perspectives” and saved documents to FRED for “redundancy”.

On March 25, 2014, the township and Sulc negotiated a separation agreement, which ended Siffrinn’s administrative investigation and resulted in Sulc’s resignation. The separation agreement restricted the number of copies of the information received from the phone and laptop. Siffrinn was to retain the original information and provide a copy to Sulc.

Siffrinn asked Wybranowski to make a copy of the analysis to provide to Sulc’s attorney. Siffrinn said he did not authorize Wybranowski to make a copy of the documents for himself or save the analysis for any purpose, and that he was unaware of Wybranowski’s activities with the phone analysis.

When he was hired in June 2014, police Chief Brian Hughes reviewed all of the officers’ secondary employment for any conflicts of interest. Hughes approved Wybranowski’s job as a property manager but disallowed his employment as a forensic investigator. Because Wybranowski revealed he had been working a second job as a forensic investigator, Hughes obtained an audit, though the FBI, of the FRED, which was stored in Wybranowski’s office.

While the FBI had the device, the office of the Washington County district attorney needed a file from the FRED for a homicide case. Hughes asked Wybranowski for his user name and password so the FBI could retrieve the file, but Wybranowski allegedly said he forgot them. Hughes issued him a 10-day suspension for insubordination and unbecoming conduct. Wybranowski filed a grievance, but the discipline was upheld by an arbitrator.

Wybranowski received additional discipline for insubordination while on an extended leave of absence in April 2015 for a surgery to repair a knee injury. Hughes said Wybranowski was required to update him about his recovery status but did not. When Hughes called Wybranowski into his office, he testified that he caught Wybranowski in another lie, which was not specified in court documents, and that he suspended Wybranowski for 90 days, which was subsequently reduced to 20 days through the grievance process.

In January 2016, Hughes issued Wybranowski a Loudermill notice, a letter that employers may send to employees giving notice of their intent to terminate.

Hughes issued a memorandum to Wybranowski on Feb. 24, 2015, informing him he violated orders through unbecoming conduct and in the processing of property and evidence.

At a hearing on the termination on March 6, 2015, Hughes said he had many suspicions and asked for a forensic examination of the devices to which Wybranowski had access. The township hired Russell Davis of Precise Inc. to perform the exam. Davis died during the investigation, and Glenn Bard was retained to complete the examination.

Bard investigated Wybranowski’s desktop, the FRED, the township server, and the evidence room computer, where copies of Sulc’s phone and computer files were found. The investigation also allegedly found access to seven pornography websites on Wybranowski’s desktop computer, which he said were work-related. A North Strabane detective said they were unrelated to any department investigation.

On Jan. 11, 2016, Hughes issued a termination memorandum to Wybranowski, stating that Wybranowski inappropriately viewed and copied sensitive, privileged information; accessed the township’s firewall and confidential files without permission; viewed pornography during work hours, which appeared to have no investigative value; lied during an investigation; possibly conspired with others to access and manipulate data and files; engaged in unbecoming conduct; and refused to answer questions to assist with the investigation.

Wybranowski provided a written response on Jan. 14, 2016, denying any wrongdoing and claiming he acted at the direction of a department lieutenant. He said he was exempt from the township’s computer usage policy and believed his internet activity had investigative value.

Hughes terminated Wybranowski Jan. 22, 2016.

In Talarico’s judgement, he found that Wybranowski “lied about not remembering the password” for the FRED system.

“Moreover, the fact that he lied about something so obvious, a password that he had previously entered 158 times, necessarily makes all of his testimony in the proceedings before me suspect,” stated Talarico.

Talarico found that Siffrinn never reviewed Sulc’s files with Wybranowski and never asked him to make a copy of the files, except to provide a copy to Sulc’s attorney. Wybranowski, stated Talarico, had no authority to review the Sulc files or save copies, and that Wybranowski continued to access and view the Sulc files after notice from Hughes that he was not permitted to do so.

Siffrinn said the board of supervisors is pleased with the ruling.

“The residents of the township deserve a sincere and public apology from the officer,” said Siffrinn.

Siffrinn said that no other disciplinary action of township employees has been taken at this time.