Jul 15, 2023 4 min read

Less than 24 hours after being fired, Charleroi’s former borough manager filed a lawsuit against the borough claiming breach of contract among other allegations.

Matt Staniszewski, of Washington, also contends he was denied due process in the suit filed on his behalf by attorney Timothy Berggren. The action was filed Thursday in Washington County Court.

“There is more to come, as I’m not done with them and this lawsuit, amendments to be filed,” Staniszewski said Friday. “I will not be another victim silenced. I will fight for those who have no voice, bullied by the likes of toxic and hostile members of council.

“Charleroi acts as if they are above the law and contractual obligations,” he said. “I won’t let Charleroi Borough, their elected or appointed officials, political hacks and their allies continue to use this smear campaign and their disrespect to the law and binding contracts. I kept my promise. I am suing them.”

The lawsuit also contends that council violated the state’s Sunshine Act and Staniszewski’s due process rights.

Borough solicitor Sean Logue declined comment Friday on the suit, citing the pending litigation.

Wednesday’s vote to fire Staniszewski was taken shortly after a motion to approve a separation agreement was rejected. That agreement called for four months of wages and benefits and $4,000 for his legal fees, as well as a positive written recommendation and precluded the borough from contesting an application for unemployment compensation.

Staniszewski was suspended without pay June 14 for what council termed “disrespectful” behavior. He was eligible to return to work June 26, but never did.

According to the lawsuit, Staniszewski was told June 9 by the borough’s solicitor that he was suspended with pay, but no formal action was taken.

According to the complaint, the motion to suspend Staniszewski at the June 14 meeting was not listed on the agenda, nor was there a motion made to amend the agenda, nor a reason stated or recorded for adding the motion, all of which the suit contends is in violation of the Sunshine Act.

“The action of defendant suspending plaintiff without pay at its June 14, 2023, meeting violated the Sunshine Act, and as such plaintiff’s suspension was invalid,” the lawsuit reads.

The complaint also states that Staniszewski was entitled to due process prior to deprivation of any of his employment rights, including compensation. Plus, it states that he is entitled to oral and written warnings prior to any suspension, an explanation of the employer’s evidence against him and an opportunity to present his side of the story.

“Prior to June 14, 2023, plaintiff had never been disciplined other than being informed on June 9, 2023, by defendant’s solicitor that he was being suspended with pay,” the suit states.

Logue recommended a Loudermill hearing at Wednesday’s meeting before the vote to terminate Staniszewski was taken. However, Councilman Jerry Jericho said Staniszewski was an at-will employee and thus not entitled to such a hearing.

According to the suit, an investigatory meeting was held June 21 involving five council members whom the complaint contends were making accusations against Staniszewski.

“It is averred that bias prevents the Council of the Borough from providing plaintiff with a fair and impartial hearing on any disciplinary matters involving plaintiff as the trier of facts cannot be either or both witnesses against plaintiff or have participated in the investigation of plaintiff,” the suit reads.

Staniszewski is seeking a hearing in the Court of Common Pleas, back pay and legal fees.

Staniszewski was hired in May 2022 with a three-year contract that called for a $65,000 salary the first year and cost of living increases in each of the next two years.