Judge dibona philadelphia

Martin et al. Gniotek's dismissal was upheld by the police Commissioner in a first-level grievance hearing and, pursuant to the applicable Fraternal Order of Police FOP collective bargaining agreement, thereafter submitted to binding arbitration. On February 18, , Boris, the only witness the City had against Gniotek, appeared at the hearing pursuant to the arbitrator's subpoena, but asserted his fifth amendment privilege to remain silent and refused to offer any testimony.

The City petitioned the common pleas court for an order to compel Boris' testimony and, on June 3, , Judge DIBONA issued an order directing him to testify or be held in contempt of court. Boris appealed that order to this Court and indicated to the City that he would not appear or testify at any future proceedings pending resolution of the subpoena appeal.

The City consequently requested the arbitrator to keep the record open so that it could pursue its efforts to compel Boris' testimony and alternatively requested the arbitrator to consider him unavailable and accept the notes of the testimony he had given in the federal proceeding.

In November , while the subpoena appeal was pending in this Court, the arbitrator gave the City two additional weeks to have Boris or any other witness give live testimony, and, upon the City's failure to do so, ordered Gniotek to be reinstated.

The arbitrator reasoned that the matter had already been delayed a long time, that a number of hearings had been held over many months, and questioned whether the City would be able to produce Boris' testimony in the near future. In the City's appeal to the common pleas court from the arbitrator's award, Judge DIBONA disagreed with the City's assertion that the arbitrator erred in refusing to withhold any decision pending this Court's resolution of the subpoena appeal.

Judge DIBONA held that the arbitrator was correct in concluding that Gniotek's right to confront and cross-examine his accuser outweighed the City's right to adduce evidence demonstrating just cause for the officer's removal. He noted that in the year elapsed since the matter was scheduled for arbitration the City was provided aid and support in its attempt to secure the testimony necessary to its position, during which time Gniotek remained off the force without means of challenging his accuser.

The City contends that the arbitration award should be vacated pursuant to the provisions of Section a iv of the Judicial Code, which pertinently provide:. The FOP maintains that Gniotek's due process right to a timely post-termination hearing would be impinged by the delay between his discharge and any future arbitration hearings, and argues that such concerns outweigh the City's need to fully present its case.

We must disagree with the FOP, however, for there is no contention that Gniotek was not afforded a timely pre-termination hearing. Moreover, there is no basis for compelling reinstatement merely because of delay attributable to the administrative appeals process. Cleveland v. Loudermill, U. Preparing to vote in ? Preview your ballot! Jump to: navigation , search. This page was current at the end of the official's last term in office covered by Ballotpedia.

Please contact us with any updates. Do you have a photo that could go here? Click here to submit it for this profile! Dibona, JR. Judicial salaries effective January 1, ," accessed July 3, Categories : Pennsylvania sprouts missing info Pennsylvania common pleas court judges, Philadelphia County Retired judges. Voter information What's on my ballot? Where do I vote? Only Oscar N. Gaskins, a lawyer for the group, appeared before Judge DiBona.

When he repeatedly interrupted the judge to dispute his findings and orders, the judge, reddening and shouting back, found him in contempt and ordered him removed from the courtroom. The 18 had been free on their own recognizance as part of the agreement that they depart by A. View on timesmachine.