Should Monongahela police officer Mark Wilson have taken a leave of absence or resigned from the force when he began his campaign for magisterial district judge?
In a lawsuit, former Washington County Democratic Chairwoman Rose Ann Masters contends Wilson should have stepped aside.
Masters said other members of the police department had to put their jobs on hold during past campaigns for elected positions.
"It does give him an unfair advantage as a police officer," she said. "He is not permitted, under law, as a civil servant, to continue on the job. Mark is not doing the right thing and he knows it."
Masters said she filed the lawsuit because she wants a fair election.
"I questioned Mark's ability to run and stay on the police force when he first sent out a notice about his candidacy in November 2004," she said. "He's getting paid to campaign. That's the way I look at it and it's not fair.
"There's an obvious conflict of interest. Everyone's afraid to say anything because he's a police officer and it shouldn't be that way."
The suit, filed Friday in Washington County Court, names the City of Monongahela, police Chief Dennis Mendicino and Mayor Ken Cole.
Wilson was one of five candidates seeking party nominations for the magisterial district judge position that serves Monongahela, Donora, Carroll Township and New Eagle.
After a tightly contested primary race, Ronald Joseph Amati secured the Democratic nod while Wilson received the GOP nod for the November general election.
The other candidates comprised retired steelworker Ron Luci; middle school teacher John Cattaneo; and real estate agent Karen Daugherty. All of the candidates cross-filed on the Democratic and Republican tickets.
The suit claims Article VI of the Civil Service Commission of the City of Monongahela prohibits police officers from "engaging or participating in conducting of any political or election campaign other than the officer's exercise of his own right of suffrage."
According to the suit, Masters "believes the officer could use his position as police officer to gain undue influence over herself and other registered voters in a manner which is improper and abusive of his current municipal position."
The suit asks the court to suspend or remove Wilson from his position and require him to reimburse the city for all salary and benefits received since November 2004.
Reached at his home, Wilson said, "They should check with the state."
He declined further comment.
