The former Collier policeman who lost his job in March because he has lost his sense of smell has appealed a Civil Service Commission decision to uphold his discharge.

The appeal was filed in Allegheny County Common Pleas Court Oct. 24 on behalf of David Agostino, 43, of South Fayette, by Fraternal Order of Police attorney Ronald Koerner.

In the appeal, Mr. Koerner argues in part that "no statute or police regulation refers to lack of sense of smell as a grounds for dismissal from employment as a police officer" and also that "no written regulations or physical examination require olfactory sense as a precondition for employment."

Mr. Koerner also contends that the Civil Service Commission erred in concluding that an officer cannot properly perform his duties without a sense of smell and also because no evidence was presented that Mr. Agostino's inability to smell "has ever interfered with his ability to perform his duties as a police officer."

Mr. Agostino has anosmia, a partial or total lack of sense of smell, because of an off-duty motorcycle accident in Ohio three years ago. The condition is a common aftereffect of head trauma. He underwent rehabilitation and recertification to win his job back in summer 2006, becoming one of a handful of people to suffer such an injury and recover enough to resume careers in law enforcement.

In its nine-page Oct. 3 ruling, the Civil Service Commission found, in part, that the evidence presented during a four-hour hearing July 19, was enough to warrant the Collier commissioners' action to discharge him. The evidence included testimony from two expert witnesses and several Collier policemen,

Additionally, it was "not impressed with the opinion of Officer Agostino that he does not require a sense of smell to perform his duties."

The appeal is seeking Mr. Agostino's reinstatement with all lost wages and fringe benefits, and that all termination records be expunged from his personnel file.

Collier solicitor Charles Means testified in July that township officials were concerned that Mr. Agostino's anosmia could hinder his ability to provide necessary aid and also that his continued employment increases Collier's liability.

Mr. Agostino was hired by Collier in 1998. He previously had been an officer in Castle Shannon and Baldwin Township.