Ousted ex-LCTA head Gavlick files whistleblower suit

Former Luzerne County Transportation Authority executive director Norman Gavlick has filed a civil whistleblower suit against the authority and board member Patrick Conway.

A Kingston resident, Gavlick alleges Conway retaliated against him and pushed for his termination because Gavlick did not hire Conway’s nephew, according to the complaint filed in the county Court of Common Pleas.

Informed of the filing by a reporter, Conway said he vehemently disputes the claims.

“Believe me, they’re not true,” Conway said of the suit’s assertions. “He’s wrongly blaming me for everything.”

A summary of the allegations presented in Gavlick’s suit:

In August 2014, the authority sought applicants for part-time “spotter” positions. Gavlick had authority to hire at that time as human resources director.

Conway submitted an employment application on behalf of a particular candidate and provided it to Joseph J. Roselle, who was the authority’s information technology/administrative services director.

Roselle then forwarded that application to Gavlick, and Gavlick interviewed the applicant on Aug. 6, 2014.

At the conclusion of the interview, Roselle told Gavlick he had just received a call from Conway about that candidate.

Roselle said Conway indicated the candidate was his nephew, that he would “appreciate anything we could do for the candidate” and that Conway would “go easy on you when it comes time for raises” if the candidate is helped.

In response, Roselle said he told Conway, “I don’t need you to go easy on me. I deserve every penny I get.”

Gavlick did not hire the candidate.

Both Gavlick and Roselle provided authority Solicitor Joseph Blazosek with signed statements detailing “Conway’s quid pro quo offer and their response to it.” The documents were included with the suit.

Efforts to reach Blazosek were not immediately successful on Thursday.

After that and up to the time of Gavlick’s September 2019 termination, Conway “engaged in an uninterrupted pattern of antagonistic and hostile speech and conduct against plaintiff,” it said.

Gavlick alleges Conway stopped speaking to him and “disparaged and wrongfully accused” Gavlick of criminal conduct to other authority board members orally and in writing.

Gavlick was promoted to authority executive director in December 2015. In January 2018, Conway unsuccessfully attempted to advertise for an executive director but was defeated in a 5-4 vote.

Conway again made a motion to advertise the executive director position in January 2019, and that time it passed. However, the suit maintains Conway “lacked the political support” on the board to terminate Gavlick.

The suit says Conway “gained sufficient political support” to “accomplish the retaliatory termination” of Gavlick last September.

Gavlick said he performed his job duties and received no discipline, reprimands or negative performance evaluations throughout his authority employment.

The defendants provided no reasons for the termination, it said.

Gavlick’s action seeks a court declaration that the Whistleblower Law was violated and his reinstatement to the executive director position or “front pay.”

He also wants back pay, compensatory damage and authority payment of attorney fees and other legal costs.

Gavlick is represented by Wilkes-Barre Attorney Kimberly D. Borland, of Borland and Borland LLP.

Conway said he always told people inquiring about authority jobs to submit applications on their own. He said he can’t recall submitting any applications himself or lobbying for individual applicants.

A Plains Township resident, Conway said he had concerns about Gavlick’s performance and has confidence he and the authority will prevail in the litigation.

“He doesn’t scare me,” Conway said.

See Friday’s Times Leader for more on this story.