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WILKES-BARRE — A city police officer who promised not to roll over when his K-9 dog was taken from him through a reassignment kept his word and sued to have the animal returned.
Officer Kevin Novackowski last year said he would fight to get back Skoty after losing his partner because of an arbitration agreement that resolved a grievance filed by the Wilkes-Barre Police Benevolent Association against the city.
Novackowski named the PBA, the city and Dan Roper, who became the dog’s handler through the Jan. 25, 2018 agreement, as defendants.
City Attorney Tim Henry Wednesday said the city has a policy not to comment on pending litigation. The PBA also said it could not comment on the litigation.
The suit, filed June 3 in Luzerne County Court by attorney Kimberly Borland of Wilkes-Barre, alleged training for Skoty did not begin within 60 days as directed in the agreement.
Among the terms of the agreement was the retirement of the dog if it could not be retrained, the suit said.
To support Novackowski’s case for possession of the dog, the suit included a special departmental order from April 23, 2014 that stated the if the dog is retired for any reason, it should be relinquished to its handler. The order further said if the handler is unable to accept the dog, the city shall determine its final disposition.
The suit added, the dog has not been properly or adequately trained and has, by a matter of law, been retired because it has not been working regularly. As a result Novackowski is entitled to take possession of Skoty who is with Roper, the suit said.
Previously the officer attempted to have Skoty relinquished to him, but the city refused, the suit said. Novackowski sought help from the PBA, but it also refused and would not file a grievance to enforce the arbitration agreement, he said in the suit. He alleged he was not backed because he disagreed with the positions and policies of the union’s management.
Novackowski asked the court to rule in his favor and deliver Skoty to him, as well as have the defendants pay for his court costs and any other appropriate relief.