Despite a judge’s ruling in his favor, Joseph Borosky won’t be reinstated as Craig Beach Village police chief, the village solicitor said.
“We’re not bringing him back,” village Solicitor Gary VanBrocklin said Wednesday, adding that the village will appeal Judge Lou A. D’Apolito’s ruling to the 7th District Court of Appeals.
In Borosky’s civil lawsuit seeking reinstatement, Judge D’Apolito, of Mahoning County Common Pleas Court, ruled last Friday that village council didn’t follow the proper procedure when it voted to fire Borosky.
In an Aug. 8, 2012, special meeting of the six-member council, three council members voted to fire Borosky, and two voted to suspend him, with one member absent. State law requires a two-thirds majority vote of all council members to fire a police chief, the judge ruled.
At a second special meeting Aug. 29, 2012, four council members voted to fire Borosky and two voted against firing him, but Borosky was not properly notified that council would be taking a re-vote on his removal at that meeting, Judge D’Apolito ruled.
In separate cases, criminal perjury charges are pending against Borosky, 33, of Nottingham Avenue, Austintown, and Craig Beach Village Councilwoman Wanda Sabol, 46, of Warchester Avenue, Lake Milton.
The perjury charges, to which Borosky and Sabol have pleaded innocent, allege the defendants lied under oath in an August 2012 disciplinary hearing when they said a dash-cam video of a traffic stop made by Borosky contained sound, when it did not.
Criminal jury trials are set to begin Oct. 7 for Borosky and Oct. 28 for Sabol before Judge James C. Evans of Mahoning County Common Pleas Court.