*Updated: 8:20 p.m. January 8, 2025ย ย
Bucks County Court of Common Pleas Judge Jeffrey L Finley is in the process of determining whether or not a two-count lawsuit filed by former Tullytown Borough Chief of Police Michael Martin against Tullytown Borough will move forward.
The two-count claim, filed on behalf of Martin by Scott M. Pollins of Pollins Law last February, was discovered by Lower Bucks Source while working on a separate story involving police matters in another Lower Bucks County municipality.
Martin is suing the borough for terminating his employment in retaliation for blowing the whistle about dangerous police understaffing and refusing the borough’s directions to violate the law. Martin brings his legal claims under the Whistleblower Act. ย Also, he claims wrongful discharge based on public policy.
Martin was hired in May of 2023 and fired by council days before his probationary period concluded in November of 2023.
The drama that played out in public would make some of the best cable tv dramas blush. Succinctly it was ugly no matter your position.
Much of what the suit alleges has been in the public domain since the 2023 summer/fall council meetings went into full drama mode.ย In Martin’s professional opinion, the department is dangerously understaffed, thus the need for a hiring list, which ratcheted up the intensity.
Credit: Tullytown Borough
The lawsuit alleges Borough Council – specifically council president Bryan Servis – had other ideas including terminating part-time police officer Mike Dilanni. Servis along with council members Scott Saundersย and Joe Shellenberger on at least two occasions directed Martin to fire the officer and/or take away his gun.ย ย
Dilanni was on light duty at the time for an injury suffered while working for a police department in another yet unnamed municipality, according to the filing. Martin says the council members’ real animus towards the officer is because Dilanni investigated (Servis’ friend) Borough Fire Marshall Dave Pearl. The exact nature and reasoning for the alleged investigation is not disclosed in the lawsuit, however, even asking the chief to fire the officer is an illegal act of retaliation.ย
Martin filed a whistleblower complaint with the borough administration before he was dismissed in November.ย
Martin, according to the suit, repeatedly went back to council seeking ways to staff up the department. Meanwhile, a newly hired part-timer Junior Rivas citing personal safety reasons left Tullytown PD to take another police officer position in another municipality.ย
Additional allegations made by Martin played out publicly at council meetings with his desire to establish a hiring list for the police department and begin to add full-time police officers because current full-timers were working dangerous number of hours. The additional allegations include: Martin’s refusal to approve personal time off for one officer in order for the officer to attend a Philadelphia Eagles football game; the wife of a working police officer lamenting about low morale in the police department during the public comment section of a council meeting; Sgt Andrew Bundaย attemptedย to get support from PBA members to file a collective bargaining complaint because the borough, according to the civil action, were in violation of the union’s contract on staffing grounds. They declined saying in their opinion the problems in the department were management related.
Additionally the suit claims the trio of council members directed the former chief to fire two other police officers — Joseph Parel IV and Briana Cochran- for no legitimate reason.
At the Nov. 1, 2023 council meeting the borough dismissed Martin in a 4 to 2 vote without publicly providing a reason. Days later “acting” Chief Nate Aldsworth sent Dilanni home and subsequently terminated his employment the next month.ย ย
“Michael Martin has worked in law enforcement for decades. In May 2023, Mike became the Chief of Police for Tullytown Borough. Less than six months later, Tullytown fired Mike and gave him no reason for doing so” said Martin’s lawyer.
“Mike subsequently filed a wrongful termination lawsuit against Tullytown Borough. In his lawsuit, Mike states that when he refused to comply with Tullytownโs demands that he engage in conduct he reasonably believed was wrong and unlawful, he faced escalating animosity from Tullytown” Pollins added.
ย “We are proud to represent Mike, and we look forward to obtaining justice for Tullytownโs wrongful termination of Mikeโs employment.”
In July Servis according to the lawsuit told Martin ‘just remember something we hired you’, with all three tellingย himย also in July we’re the one who can fire you.
Rolf E. Kroll, Esq representing Tullytown did not respond to a request for comment on Wednesday. Kroll in court papers says Martin’s Whistleblower claims are flawed and have no merit because they are made in the guise of self-interest. He has asked the county judge to dismiss the case with prejudice because it fails to meet the legal standards for whistle blowing.
Finely was assigned the case in November and both sides await his ruling(s).
Judges of the Commonwealth are prohibited by judicial rules of ethics from discussing cases with members of the public and therefore are unable to respond questions from the public and or media
To read the claim made by Martin and Tulltown’s response please click hereย
The suit for each count is asking for at least $50,000.00 in damages.
Editor’s Note: Sgt Andrew Bunda was not the PBA president nor was he ever. Bunda did try to get the PBA President and members to file a grievance but they ultimately refused to do so. We regret the error and the story has been edited and updated to reflect and correct our mistake.ย
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