Dunmore fire chief sues borough over his code enforcement officer appointment, claims it was done to force his resignation

Jim Lockwood, The Times-Tribune, Scranton, Pa.
Updated ·2 min read

Jul. 13—Dunmore Fire Chief Christopher DeNaples is suing the borough, claiming his recent code enforcement officer appointment came without additional compensation, impairs his performance as fire chief and was done to force his resignation.

Borough council appointed DeNaples, the fire chief for more than 15 years, as code enforcement officer Jan. 9, despite his publicly objecting to the appointment during a Dec. 12 council meeting.

"My concern is that something is going to be lacking," DeNaples said at the meeting. "It's a full-time fire chief position. It's a full-time zoning and code enforcement position. There may be something lacking somewhere. I'm not saying definitely, but I want this panel to know that from me directly ... I believe it would be a monumental task to do two full-time very important jobs."

The appointment came without any additional pay, the lawsuit says. DeNaples' annual salary is $78,414 this year, according to the borough.

The lawsuit, filed July 7 in Lackawanna County Court and prepared by Wilkes-Barre attorney Kimberly Borland, also claims:

—DeNaples was appointed fire chief on Oct. 22, 2007, pursuant to rules and regulations of the borough's Civil Service Commission.

—Despite his objections, the borough has continued to direct him to perform both jobs, although the duties of code enforcement officer are outside the scope of fire chief.

—The borough conditioned DeNaples' continued employment upon his performance as code enforcement officer. The actions of the borough are arbitrary and capricious and it has not taken similar actions against any other employee.

—The municipal Civil Service Commission has sole authority to establish the job description and duties of fire chief and the borough council cannot unilaterally change them.

DeNaples' lawsuit seeks a court declaration that the borough does not have authority to change his duties and job description. It also seeks an order to prohibit the borough from directing DeNaples to do the code enforcement officer job or taking any actions that impairs his duties as fire chief.

Attempts to reach the borough solicitor were unsuccessful.

This is not the first time DeNaples and the borough have been at odds.

For nearly the first five years DeNaples served as fire chief, he and the borough battled over his membership in the firefighters union — International Association of Firefighters, Dunmore Fire Department Local 860. As a union member, DeNaples could respond to fires with firefighters beyond his managerial role.

In 2012, the Pennsylvania Labor Relations Board sided with the borough in its final ruling that the Dunmore Fire Department chief could be excluded from the firefighters union.

emailto:Contact the writer: jlockwood@timesshamrock.com; 570-348-9100 x5185; @jlockwoodTT on Twitter.