AS A CITY OFFICER RETURNS TO WORK, ANOTHER IS FIRED FOR THE THIRD TIME

Keith E. Ross won't be donning his Pittsburgh Police uniform anytime soon,
if ever.

The former officer, who had been removed from the force after being
convicted of a felony but was ordered reinstated by an arbitrator on a
technicality, was fired this week for the third time.

Meanwhile, officer Keith McAndrews, a recovering drug addict who was fired
for stealing crack cocaine from an evidence locker, was back on patrol as of
Monday night. After he was fired, McAndrews also was reinstated on a
technicality. He had pleaded guilty to misdemeanor theft in the case.

McAndrews' return came on the same day that Ross was fired.

"We took that action [against Ross] because we became aware of federal law
which states that because of his felony conviction, he can't own, possess,
or carry a firearm or ammunition," said Kathy Kraus, the city's acting
director of public safety.

"We cannot and will not permit him to work as a police officer in violation
of federal law."

Ross, who was convicted of insurance fraud in November, was sentenced to
three years probation last month, just days after the arbitrator ordered his
reinstatement. He was fired for the first time in 1996 for the same offense
but was later reinstated.

Because he was available for work, and because he planned to appeal his
conviction, his attorney, James Wymard, said Ross should be allowed to
return to the force immediately.

Although Ross had said publicly that he planned to return to work, he did
not, Kraus said.

In the meantime, the United States Treasury Department, through its Bureau
of Alcohol, Tobacco and Firearms, advised the city that Ross was ineligible
to work.

"Carrying a firearm is a nondiscriminatory policy, and it's a reasonable job
requirement. This isn't punitive. It's a qualification that he no longer
possesses," Kraus said.

Federal law is broader than Pennsylvania law, which lists specific violent
felonies for which convicted people are forbidden to carry a gun. Insurance
fraud is not on the state list.

Because of the federal law, Kraus suspended Ross for five days, beginning
Feb. 7. He was terminated as of Monday.

"I think it shows that the system does work," said Kraus, who along with
Pittsburgh police Chief Robert W. McNeilly Jr., was furious about the
reinstatements.

Kraus said that because the city's action was not disciplinary in nature,
Ross cannot appeal the decision in an arbitration proceeding.

"He has a right to file for a hearing with the Civil Service Commission,"
she said. "Then it's between him and the federal government if he can get
his gun back."

Neither Ross nor his attorney was available yesterday.

But Bryan A. Campbell, the lawyer for the Fraternal Order of Police, said
Ross could ask the union for legal help.

"If he sought legal aid, it would go through the Civil Service process.
Theoretically, there could be relief in federal court" through an
injunction, Campbell said.

Campbell said the FOP would question whether the city had made exceptions to
its rules and regulations in the past and whether it could let an officer
like Ross perform jobs for which a gun wasn't necessary, such as the
telephone reporting unit or identification section.

"They have some officers who for various reasons -- PFAs for example --
can't carry a firearm, so [they] show up and pick it up at work and use it
for their tour of duty," Campbell said.

Kraus said McAndrews reported to work two weeks ago but was required to go
through retraining classes.

His first shift began on Monday night at the East Liberty station, where he
will be working from 11 p.m. to 7 a.m. He could not be reached for comment.

"We're going to keep a careful eye on Mr. McAndrews. He has to earn back the
respect of a lot of people -- the command staff, his fellow officers and the
public," Kraus said.