Kubic v. PA DOC (Click to Download Civil Service Commission’s 58-page Adjudication and Order)
CIVIL SERVICE COMMISSION ORDERS PA DEPARTMENT OF CORRECTIONS TO RETURN U.S. MILITARY VETERAN BRYAN N. KUBIC TO WORK WITH FULL REIMBURSEMENT FOR LOST WAGES AND BENEFITS
COMMISSION DETERMINES THAT DOC COMMITTED NUMEROUS POLICY VIOLATIONS AND HIGH-LEVEL DOC EMPLOYEE, TAMMY FERGUSON, RECOMMENDED EMPLOYMENT TERMINATION DESPITE ADMITTING UNDER OATH THAT THERE WAS NO EVIDENCE OF ANY WRONGDOING
On Monday, May 5, 2014, at 8:00 AM, U.S. Military Veteran Bryan N. Kubic returns to work at the Training Academy at the PA Department of Corrections. Kubic is returning to work after being vindicated by the Civil Service Commission of the Commonwealth of Pennsylvania, which determined that the DOC wrongfully terminated Kubic’s employment in December of 2011. During the two day fact hearing that served as the basis for the Commission’s decision, high-level Doc employee, Tammy Ferguson, admitted that when she recommended the termination of Kubic’s employment, there was no evidence that Mr. Kubic had committed any wrongdoing. “This admission is concerning, since Executive Deputy Secretary Shirley Moore-Smeal, and DOC Secretary John E. Wetzel, received the complete investigation file, and then Wetzel terminated Kubic’s employment,” said Kubic’s attorney, Devon M. Jacob, of Jacob Litigation.
“What is most troubling is that both Smeal and Wetzel subsequently used taxpayer money to fight to avoid the need to present for depositions,” said Jacob, referring to the related civil rights lawsuit that is pending against Ferguson and others who are responsible for the malicious prosecution of Kubic and the wrongful termination of his employment.
Kubic began his career with the DOC in November of 1996. Prior to Kubic’s employment being terminated in December of 2011, Kubic rose to the rank of Lieutenant for Special Projects in the Security Office of the DOC Central Office; having been handpicked to serve in his position. The Office of Security is widely regarded as an elite division of the DOC. Subsequent to his wrongful employment termination, DOC Investigator, Stephen Allen, criminally charged Kubic with Theft by Deception and Receiving Stolen Property; both felonies of the third degree. The Court dismissed one charge after determining that the Commonwealth had failed to establish a prima facie case and the Commonwealth voluntarily withdrew the second charge. In its 58-page Adjudication and Order, the Commission noted numerous policy violations committed by Ferguson and other employees of the Department of Corrections, along with the destruction of material evidence – an audiotape of an employment hearing – by John Biondo.
“This is yet another black eye for Secretary Wetzel and the Corbett Administration,” said Jacob.
“I am hard-pressed to understand how Governor Corbett could permit taxpayer money to be used to provide a civil defense to these three DOC employees who knowingly participated in the wrongful termination of a military veteran’s employment,” said Jacob, noting that “not only have these employees not been disciplined – Ferguson has been promoted.”
The related federal civil rights case is presently pending in the U.S. District Court for the Middle District of Pennsylvania, docketed as Kubic v. Allen, et al., No. 1:12-cv-00547.