A Whitehall Township police officer’s complaint that Commissioner Gerard Palagonia committed an ethics violation by using her name in his election campaign for mayor, as well as releasing an alleged confidential report to the media, is now in front of the township ethics board, which held its hearing on the issue Jan. 14.

Police Officer Leah Van Note accused Palagonia of releasing a confidential incident report to a local daily newspaper. The report related to a fire alarm call in March 2015 at the township municipal building, where Mayor Edward D. Hozza Jr. was sanding a basement floor, which contained asbestos.

Palagonia, a township commissioner and a retired township police officer, ran against Hozza in the May 2015 primary election. In his campaign literature, he used Van Note’s name in commentary questioning Hozza’s judgment of sanding the floor.

Van Note appeared before the board of commissioners in June 2015 and asked that Palagonia step down as a commissioner or, in the alternative, have the matter heard by the township’s ethics board.

Van Note said Palagonia had no business releasing the confidential incident report to the newspaper, which published her name.

“I cannot express the shock, embarrassment and disappointment when I read my name for simply doing my job. As much as it was a mistake for that report to be released, it was an even bigger mistake for you (Palagonia) to release the contents of that report to a major media outlet in the Lehigh Valley, all for your political benefit in the race for mayor,” Van Note read from the prepared statement.

Van Note mentioned Palagonia never spoke to her regarding the incident and did not ask permission to use her name in his campaign flier.

Palagonia maintained he shared information from the report but that he never released her name to the media. Palagonia said he understands Van Note’s feelings but stood fast that he did not release her name.

Palagonia admitted the department released the report to him but said it had no confidential markings.

Van Note disagreed, asking, “Since when is an officer’s injury report public record?” She said releasing that information is stepping into a gray area of a Health Insurance Portability and Accountability Act (HIPPA) violation.

The ethics board will hold sessions in February and March. Sessions are closed to the public and media.