Pennsylvania Chiefs of Police Association Bulletin Magazine

ENCE R E F N CO EW PREVI ISSUE!

INSIDE THIS ISSUE:

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BULLETIN

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IN THIS ISSUE

ON THE COVER:

CONVENTION

Upcoming PCPA Training................................................................................................................................8 DOCVIEW .....................................................................................................................................................8 PCPA 98th Annual Conference Section .............................................................................................13-18 Hotel and Conference Registration Form ...................................................................................................14 About the Conference ~ General Information ...................................................................................... 15-16 Ladies Letter...............................................................................................................................................16 2011 Tentative Schedule.............................................................................................................................17 Proposed Bylaw Revisions ..........................................................................................................................17 Chiefs Challenge ........................................................................................................................................18 Beginning the Blaze: A Welcome Back Celebration ....................................................................................18 Pennsylvania Virtual Training Network (PAVTN) Update..............................................................................20 New PCPA Website........................................................................................................................................20 Upcoming PCPA Events ................................................................................................................................21 TECH MANDATES | EXIF-Exchangeable Image Format: An Image’s DNA ................................................22 Technology Update ........................................................................................................................................23 PCPA Membership Products .................................................................................................................... 24-25 Diversion Subcommittee ................................................................................................................................26 The Supreme Court Considers the Privacy Rights of a Public Employee’s Communications on an Electronic Device Provided by the Public Employer .............................................................................28 Pennsylvania’s Missing Endangered Person Advisory System (MEPAS) ...........................................................29 Statement of Ownership.................................................................................................................................30 PCPA Membership Registration Form ...........................................................................................................31

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Officers & Committees ....................................................................................................................................4 President’s Message ...........................................................................................................................................5 Executive Director’s Message ............................................................................................................................6 Memberships & Memorials ..............................................................................................................................7 The Chiefs’ Legal Update .................................................................................................................................9 Legislative Report ....................................................................................................................................... 9-12 PA Patch Pride ...............................................................................................................................................19

Amy Rosenberry &YFDVUJWF %JSFDUPS t arosenberry@pachiefs.org Tom Armstrong .FNCFS 4FSWJDFT t tarmstrong@pachiefs.org Ashley Crist &YFDVUJWF "TTJTUBOU t acrist@pachiefs.org Chris Braun (SBOU QSPKFDUT t cjbraun@pachiefs.org Jerry Miller 0GGFOEFS *EFOUJGJDBUJPO 5FDIOPMPHZ t jmiller@pachiefs.org Joseph Blackburn "DDSFEJUBUJPO $PPSEJOBUPS t jblackburn@pachiefs.org Andrea Sullivan "DDSFEJUBUJPO "TTJTUBOU t asullivan@pachiefs.org Cheryl Campbell 'JOBODJBM "ENJOJTUSBUJPO t ccampbell@pachiefs.org Russ McKibben 0OMJOF 5SBJOJOH 1SPKFDU $PPSEJOBUPS t rmckibben@pachiefs.org Bill Gibson 1IZTJDBM 'JUOFTT t fitcop@hotmail.com

Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (March, June, September and December) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536. The content of the PCPA BULLETIN is to be a practical reference featuring information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, upcoming events and legal issues. Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. Articles or ideas for content should be submitted to PCPA Headquarters c/o Amy Rosenberry, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to arosenberry@pachiefs.org.

PA CHIEFS OF POLICE ASSOCIATION

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OFFICERS

BUDGET & PERSONNEL

Daniel Kortan, Jr.

Chair:

President #HIEF OF 0OLICE s ,ANSDOWNE "OROUGH

Daniel Kortan, Jr.

Thomas DiMaria 1st Vice President #HIEF OF 0OLICE s 3WOYERSVILLE "OROUGH

John Mackey 2nd Vice President #HIEF OF 0OLICE s "ETHEL 0ARK

Thomas King 3rd Vice President #HIEF OF 0OLICE s 3TATE #OLLEGE "OROUGH

William Kelly 4th Vice President #HIEF OF 0OLICE s !BINGTON 4OWNSHIP

William Richendrfer 3ECRETARY #HIEF OF 0OLICE s 3OUTH #ENTRE 4OWNSHIP

Members: 'ARY !NDERSON s *OSEPH $ALY 4HOMAS $I-ARIA s 2ICHARD (AMMON 7ILLIAM +ELLY s 4HOMAS +ING *OHN -ACKEY s7ILLIAM 2ICHENDRFER

EDUCATION & TRAINING Co-Chairs: 2OBERT !DAMS 7ILLIAM +ELLY

Members: 4 2OBERT !MANN s 7ILLIAM $ALY %RIC 'ILL s !SHLEY (EIBERGER 4HOMAS +ING s 4HOMAS +OKOSKI $AVID ,AUX s (ARRY ,EWIS s $ENNIS ,OGAN 0AUL -AURO s &RANK -ONACO *AMES 3ANTUCCI s *OHN 3NYDER +EVIN 3TOEHR s 'EORGE 3WARTZ

Chair:

4REASURER #HIEF OF 0OLICE s -C#ANDLESS

Members:

Joseph Daly - 2013 #HIEF OF 0OLICE s 3PRINGFIELD 4OWNSHIP

Keith Keiper - 2013 #HIEF OF 0OLICE s +INGSTON "OROUGH

$AVID %SHBACH $ARRYL !LBRIGHT s 3COTT "OHN $IANE #ONRAD s 2ANDOLPH #OX 2ICHARD $ANKO s 4HOMAS $I-ARIA -ICHAEL $ONOHUE s 2ONALD &ONOCK +EITH +EIPER s 7ILLIAM -C(ALE 4HOMAS -URRAY s $EAN /SBORNE *OSEPH 0ONTARELLI s $AVID 3POTTS *EFFREY 3TORM s $ANIEL 3TRAILEY 2OBERT 4HEN s *ASON 5MBERGER

Harold Lane - 2013 )NSPECTOR s !LLEGHENY #OUNTY $!

Scott Bohn - 2012 #HIEF OF 0OLICE s 7EST #HESTER "OROUGH

Darryl Albright - 2011 #HIEF #OUNTY $ETECTIVE s 9ORK #OUNTY $!

Richard Hammon - 2011 2ETIRED #HIEF OF 0OLICE s 5PPER !LLEN 4OWNSHIP

William Grover - 2012 #HIEF OF 0OLICE s %TNA "OROUGH

Harry Lewis - 2011 #HIEF OF 0OLICE s 0OCONO -OUNTAIN 2EGIONAL 0OLICE

David Mettin - 2012 #HIEF OF 0OLICE s 0ENNRIDGE 2EGIONAL 0OLICE

Chair: Gary Anderson

Members: *OHN "OWMAN s *OHN %NGLISH *OHN -ACKEY s *OHN 0ETRICK *OHN 3LAUCH s *OHN :IMATH -ARTIN 7USINICH s -ARK 0UGLIESE ) 4HEODORE 3TOUT s 0AUL 3TOLZ *R 2OBERT #IFRULAK

RETIRED CHIEFS Chair: 2ICHARD (AMMON

Members: 2ICHARD "AER s 7ILLIAM %CKERT 7ILLIAM (OWATT s $ONALD (UNTER 3R 3TEPHEN /TT s 7ENDELL 2ICH 7ILLIAM 7EAVER

The Association’s values are characteristics of qualities of work. Although the membership of the Association may need to balance these values from time to time on both an individual and collective basis, the Association will never ignore these values for the sake of expediency or personal preference.

The Association holds these values constantly before it to teach and remind the Association’s membership, and the communities which those members serve, of the Association’s ideals. These values are the cornerstone upon which the Association is founded.

In fulfilling its mission, the Association needs the support of the residents and elected officials of the Commonwealth of Pennsylvania and the Association’s staff in order to provide the quality of service which the Association’s values commit it to providing.

The Association seeks to serve and protect all residents of the Commonwealth of Pennsylvania; as such, the Association aims to earn and maintain the unqualified respect of all residents. The Association’s members aim to be respected leaders in their communities, throughout the Commonwealth of Pennsylvania, throughout the United States of America, and internationally.

With these aims in mind, the Association promotes the professional and personal development of its members through innovative services, training, peer counseling and comradeship. The Association makes a positive impact on the quality of life in the communities which its members serve through pro-active leadership in the following: community partnerships, ethics and integrity, knowledge and information dissemination, promoting legislation which advances the mission of the Association before the United States Congress and the Pennsylvania General Assembly, media relations, professional standards, vision, and innovative change.

#HIEF OF 0OLICE s -ECHANICSBURG "OROUGH

Amy Rosenberry %XECUTIVE $IRECTOR

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The values that guide the Association’s working decisions are central to its mission. These values include accountability, continuous improvement, diversity, education and training, human life, innovation, the laws and Constitution of the Commonwealth of Pennsylvania, problem-solving, compassion, cooperation, excellence, fairness, inclusion, integrity, personal autonomy, and professionalism. When put into practice, these values help the Association contribute to the quality of life across the state.

MEMBERSHIP/BYLAWS

David Spotts - 2012

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The Association is a professional organization of chiefs of police and other executives of police, public safety and private law enforcement organizations across the Commonwealth of Pennsylvania. The Association provides a vehicle through which members can come together, examine their positions on issues, and address the needs of their colleagues.

LEGISLATIVE

Gary Anderson

BOARD MEMBERS

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PA CHIEFS OF POLICE ASSOCIATION

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GREETINGS,

A

s I write this message it is time to start thinking Education & Training Conference again. It seems like only yesterday we were gathered in Lancaster for our annual conference and things were just ramping up for me. Now as I look back on the past year I wonder where the time has gone.

Hopefully, my year as president will be remembered by our Association for some positive accomplishments. We have made tremendous progress with our On Line Training program and it is my belief that it will continue after the pilot testing period and will someday be the “Model for the Nation� among all the distance education products that are out there. We are extremely proud of what has been done so far and expect great things to come regarding this all important aspect of delivering valuable, timely and topical training to all police officers in the Commonwealth. Please keep checking our E-Newsletters, the Bulletins and of course, your email for more information on this project and how you can participate.

Our Legislative Committee continues to track, endorse and recommend numerous proposed bills which are important to law enforcement as they make their way through the legislative process. Several important proposed bills were introduced last session but did not make it through the process. We expect them to be reintroduced again this session in some form.

The expansion of the Castle Doctrine, registration of homeless sex offenders, amendments to the RTK Law, etc. are on the fast-track for this session. We also hope to see activity on reintroduction of the Chief ’s Bill, Radar legislation, and potential changes to MPOETC training.

Another accomplishment this year is our continued move toward going “Green� or going “High Tech�, however you want to spin it. We have made major changes to our web site and on-line presence, started our bi-weekly E-Newsletters and we have included the option to receive your “Bulletin� magazine electronically now. If you have not recently done so, you should visit our site at www.pachiefs.org so that you can plug in to what’s going on in your Association and make sure your information is up to date. If we do not have a current email address for you, you could be missing out on valuable news and information.

CONFERENCE, CONFERENCE, CONFERENCE - We have an excellent conference planned for this year. Your Training and Education Committee along with Headquarters Staff have created a very full and exciting conference agenda which includes training by some of the top names in Law Enforcement including the ever popular Gordon Graham series. There will be a new and improved Chiefs Challenge, we’ve added a Chiefs Golf Outing on Sunday and there are lots of other surprises. Chief Tom DiMaria is the incoming president and I know from serving with Tom all our years together on the Executive Board that he is charged up and ready to hit the ground running when his year begins. I hope you will join me in welcoming Tom to his new post and kicking off his presidency in style.

In closing, I would like to thank all those who work so tirelessly for our Association: the Headquarters Staff, our Grants Division Employees, the Executive Board, all of our Committee Chairs and Committee members, our Ladies Committee as well as all the formal and informal volunteers who help both at the conference and throughout the year.

Please get your conference registration in and I look forward to seeing everyone in Lancaster.

Warmest Regards,

Daniel J. Kortan, Jr. President

www.pachiefs.org

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PA CHIEFS OF POLICE ASSOCIATION

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reetings from PCPA Headquarters! As we become accustomed to several new technologies and communication mediums to inform our members with, information overload has become a big concern here at your Association. We certainly want to make sure you have all of the information you need but we also don’t want to become junk mail! We hope the new biweekly e-newsletters are of interest and importance to you and encourage you to visit our webpage regularly for more tools to assist you in your law enforcement career.

One useful tool now available is the Discussion Board feature of our website which allows members to share information and ideas. In this magazine, you’ll find details on using this and other features as well as how to receive the updates you want on a regular basis. We hope you’ll take the time to read through and find out more about using the resources available to you as a member.

Other articles and updates of interest in this magazine include the status of the Virtual Training Network, Legislative Initiatives, and special service offerings for members such as DocView and of course our own Consulting, Testing and Accreditation services!

We continually strive to provide you with quality services and resources and take great pride in everything we do.

But – taking pride in whom we are and what we do does not mean that we can sit back and rest on our laurels.

As an organization, we are continually evaluating and re-evaluating what we do, how we do those things, and why we do them. We are also continually scanning the environment within which our members work to ensure that we are responsive to your needs and expectations. We are interested in your views, ideas and thoughts about what else you need from your organization. Call, write, fax, e-mail, or stop by and give us your thoughts.

This is your organization; help us make it work better for you. We always welcome your comments, questions, participation, and support.

Finally, and of course most importantly....it’s Conference Time! The conference is the greatest opportunity we provide to our membership throughout the year and we encourage you to take advantage of it! Register today either online or using the form provided in this magazine. Excellent training, important information and key resources are packed into a fun-filled event, not to mention the networking with colleagues from across the Commonwealth and chance to provide input in to the direction of your Association’s activities...it is truly an event you don’t want to miss out on! You will find plenty of conference information in this magazine including proposed amendments to the Association’s Bylaws. As always, if you have questions, please do not hesitate to call. We look forward to seeing all of you in July!

All my best,

Amy K. Rosenberry Executive Director

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PA CHIEFS OF POLICE ASSOCIATION

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ACTIVE MEMBERSHIP APPLICATIONS

Chief Darren Alston - Chester City Deputy Chief Scott Bendig - Montgomery Twp Chief Rufus Brenneman - Huntingdon Borough Chief Jeffrey DeSimone - Homestead Borough Captain Robert Hughes Jr .- Wilkes-Barre PD Chief Edward Krancic Jr. - Wilkins Township Captain Richard Manko - Sewickley Borough Lieutenant Michael McLaughlin - Upper Allen Twp Lieutenant John Michniewicz - Middletown Twp Captain Keith Morris - Allentown City Captain Charles Schmidt - Lancaster City Captain Kent Switzer - Lancaster City Chief Bryan Washowich - McKeesport City Chief Julius Canale II - Coatesville City Chief Sean Kapfhammer - Carroll Township Lieutenant Stephen Mowery - Penbrook PD Lieutenant Gregory Stone - West Goshen Township AFFILIATE MEMBERSHIP APPLICATIONS

Sergeant John Clawson - Chambersburg Borough

In Memoriam

We mourn the loss of the following members of the Pennsylvania Chiefs of Police Association family.

We extend our prayers and deepest sympathies to their loved ones and remain grateful for the lives of:

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- * Retired Chief of Police, West Rockhill Township

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Retired Chief of Police, Emmaus Borough

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Retired Chief of Police, Norwood Borough

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Former Chief of Police, Philadelphia & Reading

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Retired Chief of Police, Newport Township

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Former First Deputy Commissioner, Philadelphia

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Retired Chief of Police, Brentwood Borough -

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Former Supt. of Police, Pittsburgh

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Retired Law Enforcement Coordination Mgr., US Attorney’s Office

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PA CHIEFS OF POLICE ASSOCIATION

MARCELLUS SHALE LAW ENFORCEMENT CONFERENCE Hosted By: The U.S. Department of Justice Dates: May 24-25, 2011 Times: The conference begins at 8:30 AM and runs until 4:30 PM and continues on May 25, 2011 from 8:30 AM - 12:00 NOON Location: Ramada Conference Center at State College, 1450 South Atherton Street, State College, PA 16801 Cost: Registration is FREE. Please register before May 18, 2011 by visiting the PCPA Website Training Calendar.

FST IN SPANISH Date: June 7, 2011 Time: 8 AM – 4 PM Location: PCPA Headquarters 3905 N. Front Street Harrisburg, PA 17110 Cost: $100 per student, includes all class materials, Audio CD, and laminated resources Former Police Chief, John Rife, has developed a condensed 1-day course enabling officers to satisfactorily perform Field Sobriety Tests in Spanish. Guaranteed!

Attendees will learn a simple, yet comprehensive FST exercise. Students will participate in mock traffic stops the last half of the day. As with all of Rife’s classes, students will not be required to learn lengthy and cumbersome sentences.

All class materials are included in the $100 fee and students will keep the laminated reference (to be kept in their patrol car) as well as audio CD containing 2 legal elements of the FST in both Spanish and English.

For questions about this course or to register an officer, please call Headquarters at (717) 236-1059 or email Ashley Crist at acrist@pachiefs.org.

- )' )# $')) PCPA ANNUAL EDUCATION & TRAINING CONFERENCE Location: Lancaster Host Resort Hotel Lancaster, PA Please visit www.pachiefs.org to view a full training schedule for the week as well as register yourself or officers from your department to attend.

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PA CHIEFS OF POLICE ASSOCIATION

LEGISL ATIVE REPORT

The 11R PA Legislative Session began in January. While no legislation has made it to the governor’s desk for consideration by the time this report was prepared, proposed legislation addressing issues such as the expansion of the Castle Doctrine, registration of homeless sex offenders and amendments to the Right To Know Law are moving. Since January, approximately 900 Bills have been introduced in the Senate and approximately 1200 have been introduced in the House. PCPA is actively monitoring and tracking proposed legislation related to law enforcement and provides members with access to current information concerning bills of special interest via the PCPA Bills To Watch Page of the PCPA Website. The PCPA Bills To Watch Page is updated on a daily basis. Members are encouraged to contact PCPA Headquarters with specific questions about legislation or if you need assistance accessing the PCPA Bills To Watch Page.

What follows is a short list of law enforcement related bills of interest that have had been introduced in the House and/or Senate thus far this Legislative Session: House Bill 40 (House Version of Castle Doctrine Expansion) Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary) further providing for use of force in self-protection, protection of other persons, grading of theft offenses & for licenses to carry firearms; & providing for civil immunity.

Summary: (PN 1038) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure), in general principles of

justification, in Title 42 to have deadly force be justified even if the person does not comply with demands from one who is threatening them. Conditions are given for when a reasonable belief that deadly force is required to protect oneself. Also, conditions when this belief is not reasonable are provided. Limitations are placed upon the duty to retreat before deadly forced is used and certain presumptions are allowed to be made about a person entering

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The Chiefs’ Legal Update ~~~PENNSYLVANIA SUPREME COURT~~~ s $ECISIONS Search & Seizure: Reasonable Suspicion – Motor Vehicle Code Violation, 75 Pa.C.S.A. § 4524(c) (Windshield Obstructions) Commonwealth v. Holmes, ___ A.3d ___, 2011 WL 590758 (Pa. 02-22-11)(Luzerne) In this appeal by the Commonwealth, the Pennsylvania Supreme Court affirmed suppression of evidence developed from a traffic stop. The officer who performed the stop testified that he had observed Holmes “traveling north on 315 with objects hanging from the rearview mirror which were obstructing the driver’s view.�

This testimony was credited by the trial court, and the defendant’s suppression motion was denied. Holmes was then convicted of drug and weapons charges, and sentenced to 5-10 years. In an unpublished memorandum opinion, a divided Superior Court panel reversed. The panel majority found that “there [was] no description of the size of the object, [or] testimony as to what the object was.�

Thus, the majority decided that the officer did not have reasonable suspicion to stop Holmes’ vehicle.

The Commonwealth petitioned for review. Essentially, the issue was whether the Superior Court erred by finding that the officer did not have reasonable suspicion of a violation of Section 4524(c) (Windshield obstructions and wipers). In affirming the Superior www.pachiefs.org

Court, Justice Todd pointed to the lack of specific description of the object which the officer originally saw. Joined by Justices Baer and Orie Melvin, she declared that a person does not violate section 4524(c) merely by hanging an object from a rearview mirror.

In order to stop a car for this violation, the officer must suspect that the object materially obstructs the driver’s view. In this context, Justice Todd reasoned that the officer’s conclusory testimony, and nothing else, was insufficient to support a finding of reasonable suspicion. She emphasized that the object was not introduced into evidence, and there was no description of it placed on the record at the suppression hearing.

Justices Saylor and Castille concurred in the result. Justice Saylor wrote separately to emphasize that certain traffic stops may be authorized upon an officer’s conclusory observations “where the alleged traffic offense does not contain a subjective component.�

Justices Eakin and McCaffery dissented, asserting that the officer’s observations provided reasonable suspicion to stop the car and make a further determination of whether the driver’s vision was “materially� obstructed. Once the traffic stop unfolded into a drug and weapon investigation, Justice Eakin opined that it was “no wonder� that the original traffic offense “fell by the wayside.�

Opinion by: Todd, J.; joined by: Baer and Orie Melvin, JJ. Concurring opinion: Saylor, J.; joined by: Castille, C.J. Dissenting opinion by: Eakin, J.; joined by: McCaffery, J. Editor’s Note: The preceding summary was prepared by Max P. Little, Esq., PDAA’s Traffic Safety Resource Prosecutor (TSRP), who adds that: “None of the opinions filed in this case discuss the distinction between “investigatable� and “non-investigatable�

Vehicle Code offenses. All Justices agreed that the proper standard for reviewing this stop was reasonable suspicion.�

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PA CHIEFS OF POLICE ASSOCIATION

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a home or vehicle by force. The ability of public officers to use deadly force in the performance of their duties is provided. In Title 18, the use of deadly force in the protection of a third person is provided for and a person protecting a third person does not need to retreat beyond where the third person is required to retreat.

Theft constituting a felony of the first degree is provided for and the definition of “loaded� added. Civil immunity for the use of force is provided for. This bill is colloquially known as the Castle Doctrine expansion bill. (Prior Printer Number: 263) HB 40 - (PN 263) Amends Titles 18 (Crimes & Offenses) and 42 (Judiciary) further providing for use of force in self-protection, protection of other persons, grading of theft offenses and for licenses to carry firearms; providing for civil immunity.

Bill History: 03-09-11 H Second consideration 03-09-11 H Over in House 03-09-11 H Rereferred to House Appropriations House Bill 68 Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary), in falsification & intimidation, further providing for failure to comply with registration of sexual offenders requirements; further providing for victim notification & PA State Police.

Summary: (PN 145) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary). In Title 18, the bill provides for sex offender registration for transients and outlines when a transient has committed a violation for failing to register. Grading of this offense is provided and information that must be disclosed to law enforcement by the transient before bail can be set is detailed. In Title 42, additions are made to who must register for ten years as a sex offender and who must register for lifetime. Failure to maintain a residence does not relieve an offender of the duty to register. If a person does not have a residence, he must register as a transient.

The transient-offender must inform the State Police within 48 hours of the establishment of a residence. A transient must register with a new law enforcement agency if he moves to another state, but fails to maintain a residence. The need and frequency of transient registration is provided. The registration period for transients shall be 30 days. If a transient fails to register, he is subject to arrest and registration. Also provides that it shall be an offense to knowingly fail to appear to court mandated counseling.

Grading for failure to comply with certain ten year registration requirements is provided. (Prior Printer Number: 31) HB 68 - (PN 31) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary). In Title 18, the bill provides for sex offender registration for transients and outlines when a transient has committed a violation for failing to register. Grading of this offense is provided and information that must be disclosed to law enforcement by the transient before bail can be set is detailed. In Title 42, additions are made to who must Page

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register for ten years as a sex offender and who must register for lifetime. Failure to maintain a residence does not relieve an offender of the duty to register. If a person does not have a residence, he must register as a transient. The transient-offender must inform the State Police within 48 hours of the establishment of a residence.

A transient must register with a new law enforcement agency if he moves to another state, but fails to maintain a residence. The need and frequency of transient registration is provided. The registration period for transients shall be 30 days. If a transient fails to register, he is subject to arrest and registration.

Bill History: 02-09-11 H Third consideration 02-09-11 H Final Passage (Vote: Y:198/N: 0) 02-14-11 S Received in the Senate and referred to Senate Judiciary House Bill 529 Amends Title 18 (Crimes & Offenses) defining the offense of false caller identification information display; and imposing penalties.

Summary: (PN 496) Amends Title 18 (Crimes & Offenses) defining the offense of false caller identification information display; and imposing penalties. The offense is graded as a third degree misdemeanor for the first offense, and second degree misdemeanor for subsequent offenses.

Bill History: 03-01-11 H First consideration 03-01-11 H Laid on the table 04-04-11 H Set on the Tabled Calendar House Bill 567 (synthetic cocaine) Amends The Controlled Substance, Drug, Device and Cosmetic Act further providing for schedules of controlled substances.

Summary: (PN 544) Amends The Controlled Substance, Drug, Device and Cosmetic Act adding as schedule I controlled substances any material, compound, mixture, or preparation which contains any quantity possible within the specific chemical designation 3,4-Methylenedioxymethcathinone (Methylone); 3,4-Methyenedioxypyrovalerone (MDPV); 4-Methylmethcathinone (Mephedrone); 4-Methoxymethcathinone.

4-Fluoromethcathinone; and 3-Fluoromethcathinone.

Bill History: 02-15-11 H First consideration 02-15-11 H Laid on the table 04-04-11 H Set on the Tabled Calendar House Bill 933 (Chiefs Bill) Amends the act extending benefits to police chiefs or heads of police departments of political subdivisions who have been removed from bargaining units by the PA Labor Relations Board further providing for salary of nonunion police officers.

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Summary: (PN 1002) Amends the act entitled “An act extending benefits to police chiefs or heads of police departments of political subdivisions of the Commonwealth who have been removed from bargaining units by the Pennsylvania Labor Relations Board� further providing for salary of nonunion police officers by stating that except in cities of the first and second class, the chief, superintendent or commissioner of police and other ranking officers in a political subdivision of the Commonwealth who are not members of bargaining units under the Policemen and Firemen Collective Bargaining Act, shall receive not less than the same dollar increase including fringe benefits excluding overtime and festive holiday pay as received by the highest ranking police officer participating in the bargaining unit. “Bargaining unit� is defined as a collective bargaining unit as provided under the Policemen and Firemen Collective Bargaining Act. Bill History: 03-04-11 H Filed 03-04-11 H Introduced and referred to committee on House Labor and Industry House Bill 1041 ( Radar and Accreditation Funding) Amends Title 42 (Judiciary) & 75 (Vehicles) further providing for municipal corporation portion of fines; establishing the Municipal Law Enforcement Accreditation Fund; & further providing for speed timing devices & State & local powers.

Summary: (PN 1128) Amends Title 42 (Judiciary) & 75 (Vehicles) establishing the Municipal Law Enforcement Accreditation Fund from funds collected from speeding violations; providing the Pennsylvania Commission on Crime and Delinquency to create and maintain a grant program to distribute funds to nonprofits that administer and operate law enforcement accreditation programs; expanding the use of radio-microwave speed timing devices to full-time police officers employed by the full-service police department who have completed a training course approved by the Pennsylvania State Police and the Municipal Police Officers’ Education and Training Commission.

Bill History: 03-14-11 H Filed 03-14-11 H Introduced and referred to committee on House Transportation Senate Bill 237 Amends Title 42 (Judiciary), in budget and finance, further providing for Commonwealth portion of fines.

Summary: (PN 722) Amends Title 42 (Judiciary and Judicial Procedure) in budget and finance, stipulating that when prosecution under any other provision of Title 75 (Vehicles) is the result of State Police action, but occurs in a municipality that has a population of not more than 3,000 or that provides at least 40 hours per week of local police services, that municipality may receive certain revenue. Revenue that is not paid to municipalities under this clause shall be transferred to www.pachiefs.org

the Pennsylvania State Police for cadet classes. When prosecution under any other provision of Title 75 is the result of State Police action on an interstate highway all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund.

(Prior Printer Number: 216) SB 237 - (PN 216) Amends Title 42 (Judiciary and Judicial Procedure) in budget and finance, stipulating only municipalities that provide at least 40 hours per week of local police services through a municipal police department, participation in a regional police department, or contracts with other municipal or regional police for police services may receive certain revenue. Money not expended shall be transferred to the Pennsylvania State Police for Cadet Training.

Fines paid shall be disbursed to the commonwealth for credit to the Motor License Fund.

Bill History: 03-01-11 S Reported as amended Senate Transportation 03-01-11 S First consideration 04-05-11 S Set on the Senate Calendar Senate Bill 247 Amends the Right-to-Know Law further providing for definitions; for PA Interscholastic Athletic Association; for access, requests, record, public record exceptions, for agency response & filings, & for the Office of Open Records.

Summary: (PN 229) Amends the Right-to-Know Law further providing for definitions; excluding from the definition of state-affiliated entity any court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies, any state-related institution, political subdivision or any local, regional, or metropolitan transportation authority; adding Pennsylvania Interscholastic Athletic Association to the scope of the act; and further providing for access adding that access may be provided at a reasonable time if the request is voluminous or from a remote location, for written requests, for transcripts by stating nothing requires an agency to transcribe a proceeding solely for the purpose of responding to a request, excepting bank and credit card numbers, for agency response in general by adding certain timelines for response, for extension of time, for filing of appeal, for appeals officers, stating an agency may require prepayment if the fees are expected to exceed $50, providing the Office of Open Records shall have standing and may participate as a party in an appeal of a decision of the office.

Bill History: 01-26-11 S Introduced and referred to committee on Senate State Government 03-08-11 S Hearing set for 9:30 a.m., Hearing Room 1, ...Senate State Government 03-08-11 S Public hearing held in committee Senate State Government

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PA CHIEFS OF POLICE ASSOCIATION

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Senate Bill 273 (Senate Version of Castle Doctrine Expansion) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure), in general principles of justification, for definitions, use of force in self-protection, for grading of theft & firearms licenses; & for civil immunity.

Summary: (PN 769) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure), in general principles of justification, in Title 42 to have deadly force be justified even if the person does not comply with demands from one who is threatening them. Conditions are given for when a reasonable belief that deadly force is required to protect oneself. Also, conditions when this belief is not reasonable are provided. Limitations are placed upon the duty to retreat before deadly forced is used and certain presumptions are allowed to be made about a person entering a home or vehicle by force. The ability of public officers to use deadly force in the performance of their duties is provided. In Title 18, the

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use of deadly force in the protection of a third person is provided for and a person protecting a third person does not need to retreat beyond where the third person is required to retreat. Theft constituting a felony of the first degree is provided for and the definition of “loaded� added. Civil immunity for the use of force is provided for. This bill is colloquially known as the Castle Doctrine expansion bill. (Prior Printer Number: 271) SB 273 - (PN 271) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure), in general principles of justification, in Title 42 to have deadly force be justified even if the person does not comply with demands from one who is threatening them. Conditions are given for when a reasonable belief that deadly force is required to protect oneself. Also, conditions when this belief is not reasonable are provided. Limitations are placed upon the duty to retreat before deadly forced is used and certain presumptions are allowed to be made about a person entering a home or vehicle by force. The ability of public officers to use deadly force in the performance of their duties is provided. In Title 18, the use of deadly force in the protection of a third person is provided for and a person protecting a third person does not need to retreat beyond where the third person is required to retreat. Theft constituting a felony of the first degree is provided for and the definition of “loaded� added. Civil immunity for the use of force is provided for.

Bill History: 03-08-11 S Third consideration 03-08-11 S Final Passage (Vote: Y: 43/N: 4) 03-09-11 H Received in the House and referred to House Judiciary Senate Bill 526 (Radar Bill) Amends Title 75 (Vehicles), in licensing of drivers, further providing for schedule of convictions and points; in rules of the road in general, further providing for speed timing devices; and further providing for State and local powers.

Please take a moment to visit http://www.pachiefs.org, go to the Membership Directory, and update your personal information in the system, especially your email address.

Increasingly, the PA Chiefs of Police Association uses electronic methods to keep our membership up-to-date and informed.

Your accurate information will allow us to better serve you!

Thank you!

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Summary: (PN 533) Amends Title 75 (Vehicles) adding that if a speeding offense is charged as a result of use of a speed timing devices, no points shall be assigned unless the speed recorded is ten or more miles per hour in excess of the legal speed limit.

The legislation also authorizes the use of electronic speed meters or radar or LIDAR by full-time police officers employed by the full-service police department of a political subdivision or regional police department situate in a county of the first class, second class, second class A or third class if official warning signs indicating the use of these devices are erected within 500 feet of the border of the political subdivision on the main arteries entering that political subdivision. The bill provides for testing of such devices.

Bill History: 02-14-11 S Filed 02-14-11 S Introduced and referred to committee on Senate Transportation

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PA CHIEFS OF POLICE ASSOCIATION

Blazing a Trail: A New Frontier in Leadership

ABOUT THE CONFERENCE ~ GENERAL INFORMATION The Pennsylvania Chiefs of Police Association has long had a reputation for providing top-notch education on the most pressing law enforcement topics. That is why we want you to attend the 98th Annual Education and Training Conference and Exposition in Lancaster, PA from July 10-14, 2011. With renowned keynote speakers, forums and technical workshops, and a packed exhibit hall full of products and services for the law enforcement community, this must attend event will fill up fast! Please complete the registration form found in this issue of The Bulletin, or visit www.pachiefs.org to register online today!

Registration and Exhibits are the main focus throughout your arrival day at the Lancaster Host! You can begin registration as early as 12:00 PM, and weâ&#x20AC;&#x2122;ll remain there until 5 PM. Check into your room, grab a bite to eat in the hospitality room and head to the exhibit hall to get your chances to win prizes throughout your stay.

We will have information about upcoming events ready for you as well as ID badges for all registered attendees. PCPA is happy to bring back â&#x20AC;&#x153;The Daily Bulletâ&#x20AC;? this year as well. This flyer is placed under your door each morning detailing the dayâ&#x20AC;&#x2122;s coming events as well as a recap of the day before. Check it out before you head off to your next event; you never know whose picture might end up in there! Weâ&#x20AC;&#x2122;ll also be displaying a full schedule of events at the Registration Desk so youâ&#x20AC;&#x2122;re sure to follow us as we â&#x20AC;&#x153;Blaze New Trailsâ&#x20AC;? throughout the week!

Why wait until the exhibit hall opens to get the fun underway on Sunday? While waiting for registration and check-in, we challenge attendees to come Golfing with the Chiefs on the Lancaster Host Golf Course! Both attendees and exhibitors can get their conference underway with some friendly competition on the beautiful 18-hole golf course. Complete with beverages, prizes and networking on the green, this will be a great way to relax before a packed week of training and events. Register your team today!

It is required that you and your guests wear an Identification Badge for all Conference functions. The ID Badge will distinguish your chosen meal plan, and itâ&#x20AC;&#x2122;s your ticket into all Conference seminars, business meetings, exhibit hall and the hospitality room. This is very important and your cooperation is greatly appreciated to ensure a smoothly run Conference for everyone.

The Exhibit Hall will house the vendor and membership booths on Sunday and Monday. Throughout the first 2 days of the Conference, the Exhibitors are your source for raffle tickets towards prize giveaways and this yearâ&#x20AC;&#x2122;s Exhibit Hall Raffle with a chance to win up to $500 (Member registrants ONLY). Beyond that, our Exhibitors are the key to the best of all resources and offer a wide range of companies, products and services, many of which have been discounted specifically for this event! A welcome cocktail www.pachiefs.org

reception will be held Sunday evening, and both a morning coffee break and lunch buffet will be held in the Exhibit Hall on Monday.

What more could you ask for?

Back again this year! Monday Only! In the Exhibit Hall on Monday, Exhibitors will be giving away raffle tickets when you visit their booths. Each Exhibitor will get 20 chances to give out at their discretion. Weâ&#x20AC;&#x2122;ll be holding 3 drawings in the Exhibit Hall. These drawings could happen at any time throughout the day and hereâ&#x20AC;&#x2122;s the tricky part, you MUST be PRESENT to win! Two (2) winners will win $250 each and one (1) lucky grand prize winner will walk out with $500 in their pockets! While youâ&#x20AC;&#x2122;re checking out the incredible new technology, educational opportunities and so much more, take a chance at winning!

On Sunday evening, as our attendees and exhibitors are getting settled in for this yearâ&#x20AC;&#x2122;s Conference, PCPA will host a â&#x20AC;&#x153;Welcome Backâ&#x20AC;? celebration in Dinzeoâ&#x20AC;&#x2122;s hospitality room! Donâ&#x20AC;&#x2122;t miss the chance to get your conference week started off right by joining us for food and great entertainment from comedic and musical performer, John Bressler! Dinner begins immediately following the close of the Exhibit Hall on Sunday at 6 PM. Come enjoy a delicious buffet while catching up with attendees you havenâ&#x20AC;&#x2122;t seen in a while and welcoming those who are joining us for the first time!

Feeling Lucky? The Conference raffle drawings will be held during the Business Sessions. Just like in the Exhibit Hall, another two (2) members will each win $250, with one lucky winner walking out with $500! Hereâ&#x20AC;&#x2122;s how to get as many chances as you can: - One chance just for registering for the 98th Annual Conference!

- One chance for recommending a new member who has never attended the conference before. Call your neighboring Chief and get them to come! Just give Headquarters staff a call to let them know youâ&#x20AC;&#x2122;ve recommended someone (717) 236-1059!

- One chance if this is your first Conference. Welcome! Weâ&#x20AC;&#x2122;re glad you registered!

- One chance if you register before May 15th.

- One chance if you havenâ&#x20AC;&#x2122;t been to a Conference in at least 5 years. Welcome back!

Deposit your chances at the Registration Desk or as you enter the business sessions. YOU MUST BE PRESENT TO WIN!

Itâ&#x20AC;&#x2122;s time to switch things up and add even more excitement to the Annual Chiefs Challenge! Join us out by the pool on Monday evening for a whole series of events that will give all new bragging

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PA CHIEFS OF POLICE ASSOCIATION &012

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rights to the region that wins. Along with a buffet dinner outside, weâ&#x20AC;&#x2122;ll be having an obstacle course that will pit Chiefs against Chiefs as they tag team through various contests that will not only be fun to watch, but are sure to have spectators cheering! Donâ&#x20AC;&#x2122;t miss the competitionâ&#x20AC;&#x2122;s surprise finale where each region will either â&#x20AC;&#x153;sink or swimâ&#x20AC;? to victory! Start assembling your teams now and Take the Challenge!

Dear Ladies,

The Ladies Committee would like to invite all of our wives and â&#x20AC;&#x153;significant othersâ&#x20AC;? to the upcoming 2011 PCPA Conference! The Conference runs from Sunday, July 10th through Thursday, July 14th and will be held at the Lancaster Host Resort and Conference Center in beautiful Lancaster County.

Enjoy swimming, golf, tennis, volleyball, walking trails, an array of shopping and spa services in the area, Amish tours and sightseeing as well as the all around gorgeous countryside. For those of you who havenâ&#x20AC;&#x2122;t attended and had the opportunity to experience the Conference activities, or if you just havenâ&#x20AC;&#x2122;t joined us in a while, weâ&#x20AC;&#x2122;d love to see you in Lancaster! And for our â&#x20AC;&#x153;regularsâ&#x20AC;?, we canâ&#x20AC;&#x2122;t wait to catch up again this year!

Each year we work to improve upon the previous yearsâ&#x20AC;&#x2122; activities, capitalizing on those events for which weâ&#x20AC;&#x2122;ve received positive feedback, as well as searching for new and exciting ideas to incorporate into the ladiesâ&#x20AC;&#x2122; schedule. We encourage you to reach out with your ideas and let us know what youâ&#x20AC;&#x2122;d like to experience during your week-long stay in Lancaster.

Among the activities weâ&#x20AC;&#x2122;re bringing back in 2011, the Ladiesâ&#x20AC;&#x2122; Marketplace will be your one stop shop for vendors catering to the ladies attending, bringing their best displays of jewelry, dĂŠcor, handbags, crafts and food under the poolside tent. The men donâ&#x20AC;&#x2122;t get to have all the fun with this yearâ&#x20AC;&#x2122;s Chiefs Challenge activities; bring your pom-poms and get ready to join the ladies as we cheer our regions to victory!

The largest event for our committee is the ever popular Ladies Luncheon featuring great food and the Chinese Auction packed with a huge variety of prizes to take home! Summer drinks by the pool is also back, so come to the courtyard to take in a mixology lesson, sip on some of your favorite cocktails and cool down poolside with other attendees.

If youâ&#x20AC;&#x2122;re a Chief reading this, make sure you bring a magazine home and let your spouse or significant other know whatâ&#x20AC;&#x2122;s in store this year! If you or your guest attendees have any questions about the conference or ladies activities scheduled for this year, please feel free to contact PCPA Headquarters @ 717-236-1059. Keep checking your email alerts and your Bulletin magazines for more details on all of the events and a full schedule with dates and times for each.

Make those reservations now and we look forward to seeing all of you this July!

Sincerely, PCPA Ladies Committee

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Incoming President Thomas DiMaria and his first lady Janet welcome everyone with a boot scootinâ&#x20AC;&#x2122; good time! Country at heart, theyâ&#x20AC;&#x2122;ve decided to throw a good old fashioned Hoe Down with a Wild West-inspired dinner and live entertainment from American Posse. A mix of county and variety music, this PA party band is sure to get those spurs jingling on the dance floor during the Tuesday night reception from 6 to 11 PM at Dinzeoâ&#x20AC;&#x2122;s Saloon. A special surprise will have some attendees holdinâ&#x20AC;&#x2122; onto their horses to keep from being bucked off! &0

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Wednesday night is our crowning glory, and this is the time to honor our traditions and look toward our future. This evening of distinction is a time to reflect on our rich history and the leaders who have brought us to this time of great success. It is also a night when current achievements are acknowledged, including those departments who have achieved accredited status. We will gratefully acknowledge our President, Chief Daniel Kortan, Jr., for his dedication over the past year. As he transitions to the Chairman of the Board he will pass the presidential gavel in a ceremony full of pomp and circumstance which also installs our new officers and PCPAâ&#x20AC;&#x2122;s new President, Thomas DiMaria. Dress to impress and stick around immediately following dinner for a night of entertainment right there in the banquet room!

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Got Dinzeoâ&#x20AC;&#x2122;s? We do! Dinzeoâ&#x20AC;&#x2122;s after dark is where adults enjoy stellar entertainment and camaraderie Sunday through Tuesday nights. Ask anyone... itâ&#x20AC;&#x2122;s the place to be! (No children under 16 after 9:00 PM please)

As always, this week promises relaxation and fun with something for everyone. You should sign up on Sunday for all weekâ&#x20AC;&#x2122;s exciting events (spots will be limited). In addition to the Annual Ladies Luncheon and Chinese Auction, weâ&#x20AC;&#x2122;ll have the always popular â&#x20AC;&#x153;Summer Drinks by the Poolâ&#x20AC;?, the Ladies Marketplace full of vendors for everything from purses and jewelry to dĂŠcor and specialty foods, and new seminars and exercise classes to keep your schedule packed with fun events all week long! Donâ&#x20AC;&#x2122;t miss out on the fun!

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PA CHIEFS OF POLICE ASSOCIATION

Blazing a Trail: A New Frontier in Leadership

2011 TENTATIVE SCHEDULE

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8:00 AM Noon - 2:00 PM Noon - 5:00 PM 3:00 PM 3:00 PM - 6:00 PM 6:00 PM - 8:00 PM 8:00 PM - 12:00 AM

Golf Outing Lunch Open Registration Education and Training Committee Meeting Exhibit Hall Open (Reception) Hosp closed Dinner/Opening Celebration Hospitality

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8:00 AM 8:00 AM 9:30 AM 9:30 AM - 2:30 PM 11:30 AM - 1:30 PM 1:00 - 5:00 PM

Registration Opens Business Meeting Coffee Break in Exhibit Hall Exhibit Hall Open Lunch in Exhibit Hall Open Records and other Legal Issues Christopher Boyle, Esq., Marshall, Dennehey, Warner, Coleman & Goggin 2:00 - 4:00 PM Telling Amyâ&#x20AC;&#x2122;s Story Det. Diedre Fishel, State College Police 4 - 5:30 PM CIT Development in a Downtown/Suburban to Rural County: Bucks County â&#x20AC;&#x201C; A Model Program John McAlarney, II, J.D., Vice President Training, FTAC 6:00 - 7:00 PM Chiefs Challenge 7:00 - 8:00 PM Dinner Buffet 8:00 PM - 12:00 AM Hospitality

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8:00 AM 8:00 - 10:00 AM

Registration Opens 5 Concurrent Themes for Success Gordon Graham, Graham Research Consultants 9:30 AM Coffee Break 10:00 AM - Noon Maximizing the Effectiveness of Performance Evaluations Gordon Graham, Graham Research Consultants 11:00 AM - 1:00 PM Ladies Luncheon & Chinese Auction Noon - 1:00 PM Lunch 1:00 - 5:00 PM Technology Against Police James Dill 1:00 - 3:00 PM Ethical Decision Making Gordon Graham, Graham Research Consultants 3:00 - 5:00 PM Top Ten Things that get COPS in trouble Gordon Graham, Graham Research Consultants 6:00 - 8:00PM Presidentâ&#x20AC;&#x2122;s Hoedown/Dinner 8:00 PM - 12:00 AM Hospitality

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Registration Opens Business Meeting

9:30 AM 10:00 - Noon

Coffee Break Leadership in the 21st Century Chief Robert Martin, Susquehanna Township 10:00 - Noon Managing a Major Incident Chief Robert Adams, Collingdale Borough 11:30 AM - 1:00 PM Lunch 1:00 PM PLEAC Meeting 1:00 - 3:00 PM Technology Projects 1:00 - 3:00 PM Media Relations Rick Rosenthal, President, RAR Communications, Inc. 2:00 PM Retired Chiefs Meeting 3:00 - 5:00 PM Accreditation 3:00 - 5:00 PM Marketing your PD Rick Rosenthal, President, RAR Communications, Inc. 6:00 PM Reception 7:00 PM -Midnight 98th Annual Dinner and Ballroom Hospitality

PROPOSED BYLAW REVISIONS The proposed amendments to the bylaws are being forwarded through the BULLETIN to the entire membership and will be presented at the Annual Conference for a vote of the membership.

Members are encouraged to discuss these changes among their county and regional associations and to contact their Executive Board Members or Association Headquarters for further information or questions regarding these amendments.

Section 6. Active Life Membership. Every Active member in good standing for twenty (20) years shall automatically be accorded the status â&#x20AC;&#x153;Lifeâ&#x20AC;? member and, as such, shall thereafter be exempt from the payment of dues unless still employed and qualified for Active membership. Exemption from dues shall begin upon retirement from such a position. Any Active member in good standing for a period of ten (10) years or more may, by paying into the treasury of the Association a sum of money equal to the annual dues multiplied by the difference between his years of membership and twenty, be accorded the status â&#x20AC;&#x153;Lifeâ&#x20AC;? member and, as such, shall thereafter be exempt from the payment of dues upon retirement from a qualifying position. In addition, during each Annual Meeting, the incoming President, in his discretion, can accord the status of â&#x20AC;&#x153;Lifeâ&#x20AC;? member to any member of the Association (including himself ) and, as such, the member so selected shall thereafter be exempt from the payment of dues.

Section 11. Dues. The annual dues structure of the Association shall be determined by the Executive Board and approved by a majority of the Association members present and entitled to vote at the last business meeting held at the Annual Meeting.

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We’re changing things up at this year’s Chiefs Challenge competition to see if Northeast can stay on top yet again! We’ll be introducing a large scale team building exercise between the regions and brawn may not win over brains this year as teams are expected to “sink or swim” in the Host pool.

While the teams prepare themselves for the challenge and dinner is brought poolside, we’ll also have a series of relay races that might induce a little more laughter than cheering! Official rules will appear in the next issue of the Bulletin. Start assembling your teams now and let the games begin!

LET’S GET READY TO RUMBLE!

PA CHIEFS OF POLICE ASSOCIATION

PA Patch Pride BLOOMSBURG Bloomsburg, on the North Branch of the Susquehanna River, has a population of 12,375. It enjoys the distinction of being the only incorporated town in Pennsylvania. Other municipalities of this approximate size are generally boroughs. This distinction arises from a special act of incorporation passed by the General Assembly on March 4, 1870. The community leaders of that time, desiring to establish a municipality, found it difficult to set off the built-up section from Bloom Township in such a manner that it would not leave the remainder of the township with a population too small to support a township government and also too widely divided in territory.

Bloomsburgâ&#x20AC;&#x2122;s earliest development was closely associated with the Indian period of American history.. The Susquehannock Indians were the first occupants of the Susquehanna River Valley which served as a major route into Central New York State.

The police departmentâ&#x20AC;&#x2122;s patch was designed in 2001 by officers from within the department. The patch symbolizes the townâ&#x20AC;&#x2122;s fountain located in the center of historic downtown. The fountain was originally erected in 1892 and has been a landmark since when it was recently completely refurbished to its original vintage.

The Town of Bloomsburg Police Department is a legally constituted Police Department of the government entity having been organized by the Act of legislation enacted on March 5th, 1870. The original Town minute books located in the Bloomsburg Public Library Historical Review Section reveal that Thomas E. Geddes was appointed as the Townâ&#x20AC;&#x2122;s first Chief of Police on August 6th, 1870.

The Bloomsburg Police Department proudly wears this shoulder patch and are one of the stateâ&#x20AC;&#x2122;s Accredited Law Enforcement Agencies.

SOUTH LONDONDERRY TOWNSHIP In April 2007, this current shoulder patch concept was designed by Chief Jeffrey Arnold.

It is proudly worn on the South Londonderry Township police officersâ&#x20AC;&#x2122; uniforms.

Research on the â&#x20AC;&#x153;coat of armsâ&#x20AC;? design focuses on John Campbell, who was one of the more prominent nt citizens that first settled in the area. He was one of the many settlers of Scotch-Irish decent. Campbell ell was given one of the largest tracts of land (352 acres) in the area, by William Penn, known as Londonderry ry Township (now currently North and South Londonderry Townships). Campbelltown was formed and became me the largest and oldest community, as well as a â&#x20AC;&#x153;hubâ&#x20AC;? town between Harrisburg, Lebanon and Cornwall.

The â&#x20AC;&#x153;coat of armsâ&#x20AC;? for the Clan Campbell of Argyll, Scotland was used in the design of the shoulder patch.

Incorporated into the design was the Pennsylvania keystone as well as the bell from the H.M.S. Campbeltown, a historic ship, used by the British Navy in World War II that was given to the British by the United States. Argyll, Scotland is also the town for which the H.M.S. Campbeltown was named, as well as its namesake in the U.S. (Campbelltown, Lebanon County, PA).

The Latin words â&#x20AC;&#x153;Ne Obliviscarisâ&#x20AC;? scrolled above the helmet were original to the Campbell coat of arms. Its meaning is â&#x20AC;&#x153;forget notâ&#x20AC;?.

The helmet signifies protection and security in defense; the two lions in red, depicts strength and courage; the two objects in black and yellow are called Gyronnys. They stand for Unity (and are also the main objects in the Campbell families from both Ireland and Scotland). The Latin words that surrounded the original Campbell family coat of arms were replaced with the words, â&#x20AC;&#x153;Servitumâ&#x20AC;?, meaning â&#x20AC;&#x153;Serviceâ&#x20AC;? and â&#x20AC;&#x153;Fiat Justitiaâ&#x20AC;?, meaning â&#x20AC;&#x153;Let Justice Prevailâ&#x20AC;?. Lastly, the date when South Londonderry Township was formed was incorporated into the patch design, inside a banner at the bottom under the shield Est. 1894.

To see your agencyâ&#x20AC;&#x2122;s patch featured in the next PA Patch Pride, please email a picture and description of your patch to acrist@pachiefs.org.

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PA CHIEFS OF POLICE ASSOCIATION

Pennsylvania Virtual Training Network (PAVTN) Update Contributed by: Russ McKibben, PCPA Online Training Project Coordinator As you can see by the heading, the official title for the PCPA Learning Management System (LMS) to be accessed via the PCPA web-site has been determined and is well on the way to being graphically branded as well. Progress has been steady and thankfully we were approved for an extension of the PCCD funded grant through August 2011. PCCD understood that the complicated logistics of this endeavor simply prevented completion within the original one-year time frame. Marrying the Subject Matter Experts with our design vendor (JPL in Harrisburg, PA)) has been an ongoing process.

JPL has done a tremendous job of moving the project forward and progressing towards the final goal of delivering a quality product in an on-line format.

The 2011 MPOETC Legal Update class will be the first out the door with completion due by the first week in April. We are in the process of determining which Departments will be included

in the Beta testing group that will complete the courses and rate same. In addition to this group, we will also include the MPOETC Commission themselves so they too can evaluate whether this is a viable concept for 2012 training.

The other courses being created by JPL with input from the Pennsylvania Coalition Against Domestic Violence (PCADV) and the Pennsylvania Coalition Against Rape (PCAR) are also well under way and should be completed by late April or early May. They too will be â&#x20AC;&#x153;hungâ&#x20AC;? on our new LMS and be tested in a similar fashion. The final course in this initial phase, concerning fingerprint compliance and LiveScan/CPIN training, will be last out of the barn with completion expected by mid-summer.

This course was identified as a real need by our friends at the PCCD and will be a â&#x20AC;&#x153;blendedâ&#x20AC;? course of both virtual and hands-on training.

Please stay tuned and continue to check the PCPA website and newsletters for more information about this exciting training project.

NEW PCPA WEBSITE

Pennsylvania Chiefs of Police Association provides its members with updated information, training, and events through several mediums including member newsletters, the quarterly magazine and regular emails. But to find all of the updated information youâ&#x20AC;&#x2122;re looking for all in one place, there is no better medium than the new PCPA website. Still www.pachiefs.org, but with a whole new look and additional features, the website is a comprehensive and interactive look at every service the Association can provide to its members.

Members who log in are automatically directed to a welcome message which lets you explore several pages that only you have access to, such as the membership directory, message boards and links to the Bulletin magazines and newsletters. Along with the members-only sections of the site, there is a page for almost every service, event or resource PCPA provides, all with detailed descriptions, pricing and now the option to register for several events and training courses online. Directions to register are listed under each event and youâ&#x20AC;&#x2122;ll automatically receive your registration confirmation and invoice Page

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by email making it easy to keep track of every training class, event or conference youâ&#x20AC;&#x2122;re attending.

One of the most beneficial services for our members is the Member Message and Discussion Board. Here, members can post questions, requests for policies or even ask for opinions on issues happening within their department, region or the Commonwealth as a whole. By clicking â&#x20AC;&#x153;subscribeâ&#x20AC;? on the board or under a specific topic, any member can receive updates and responses directly to their email account. This is a great resource for networking with your fellow members and getting first hand information from Chiefs who have dealt with the same question already.

Weâ&#x20AC;&#x2122;re still adding to the website and thinking of new features and services that would benefit our members and law enforcement in Pennsylvania. If you have any suggestions for features youâ&#x20AC;&#x2122;d like to see on the PCPA Website, please contact headquarters at 717236-1059 and share your ideas and feedback. We want to make www.pachiefs.org the premier resource for the law enforcement community and we need your help to make it happen!

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TECH MANDATES |

EXIF-Exchangeable Image Format: An Imageâ&#x20AC;&#x2122;s DNA Contributed by: James A. Dill, Deputy Chief (retired) PA Office of Attorney General Anybody remember 35mm film cameras?? You may think Iâ&#x20AC;&#x2122;m joking, but if you ask some of the younger officers, many never owned a camera which used film. In addition, I often poll police officers in my technology classes on the types of cameras that are being used in their departments and it is no surprise to find the vast majority have transitioned to digital photography and why not?? With all the advantages digital has to offer including outstanding point and shoot capabilities, excellent manual controls, and amazing optical zoom lenses (Canonâ&#x20AC;&#x2122;s SX 30 is offering a 35X zoom lens which is the 35mm equivalent to 28mm-840mm). That coupled with image stabilization, 14+ megapixels and virtually unlimited memory, whatâ&#x20AC;&#x2122;s not to like!

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Having lauded digital camera technology, I must also point out that there are a number of serous considerations that need to be addressed when using digital photography for police work. This article is going to examine one very important aspect of digital photography â&#x20AC;&#x201C; EXIF information.

EXIF stands for EXchangeable Image File Format, and it is the extension to an image file that holds the camera settings. It is also referred to as a photographâ&#x20AC;&#x2122;s metadata or DNA. It is a standard that was developed in 1995 and currently applies to photographs that are taken in a JPEG, TIFF, or RAW format.

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Technology Update Contributed by: Christopher J. Braun M.S.I.T., Pennsylvania Chiefs of Police Association, Technology Coordinator As we move to the second decade of the Twenty First Century, what new technologies will influence policing? How will chiefs know fact from vendorâ&#x20AC;&#x2122;s hype? How will chiefs know what laws and policies are needed with these technologies? How do you make sure the cost is fair and will produce a return on the investment or are grant funds that can be used? Well, an excellent way to answer these questions is through the power of a collective effort of many.

Rather than each individual chief having to research the issues and develop policy from scratch, the Pennsylvania Chiefs of Police Association is the perfect way to make that happen.

Right now, the latest hot technology is the automated license plate readers (ALPR). This is a device that is capable of reading hundreds of vehicle license plates per minute and checking them against a database. On the surface, it seems like a great tool to find wanted vehicles. However, a more in-depth look reveals there are lots of technical, policy, and legal decisions.

There are multiple vendors all selling systems based on different standards and each has its advantages and disadvantages. Jurisdictions across the country that have already implemented them are using them in many different ways. Some use them for just wanted vehicles; some use them to survey crimes scenes and record the vehicles in the area; yet others are using them to record vehicles passing through a particular road, bridge, or area. Toll roads, bridges, and parking lots are using them to collect fees. Here in Pennsylvania, the State Police is using them for wanted vehicles. The Turnpike uses them in conjunction with E-Z Pass.

Beside the different vendor technology, there are multiple ways to implement it. They can be permanently mounted to fixed objects in a fixed location, mounted on the vehicles trunk, light bars or hidden in the grill. They can be set to read to the front and sides or to the rear and sides. There are mobile units that can be moved from vehicle to vehicle. Each different system has different database requirements, and there are different ways to approach updating the data. www.pachiefs.org

To assist your decision making process; help you formulate good policy; and create a uniform standard for the data in Pennsylvania, PCPA has been assisting the Pennsylvania Commission of Crime and Delinquencyâ&#x20AC;&#x2122;s Local Technology Workgroup. The group has representatives from PCCD, local police, JNET, PSP, the Attorney Generalâ&#x20AC;&#x2122;s Office, County DAâ&#x20AC;&#x2122;s and PCPA. Over the next several months, the effort will continue until there is sufficient information to formulate recommendations on technology standards, policy models, and answer legal questions. The work groupâ&#x20AC;&#x2122;s task is to formulate policies and standards that will govern PCCDâ&#x20AC;&#x2122;s grant funding for this technology.

PCPA is assisting the workgroup to gather information from other groups researching ALPRs like IACP Law Enforcement Information Technology Standards Council, NLETS, PSP, local police, and other states for the group. On December 9th, the group met at PCPA and looked at some of the vendorâ&#x20AC;&#x2122;s equipment. The benefits to the local police chiefs is that we can provide a clear plan to the best use of this technology and acting as a group, get a better return on the investment.

Beside the ALPR technology, the local technology workgroup is looking at other technology issues like biometrics identity management and Identification technologies; information technology standards and architecture; and mobile and handheld technologies for law enforcement.

Several workgroup members met last month with CJIS and representatives from federal, state, and local law enforcement, the department of defense, college professors, and others about the emergence of the field of facial recognition as a science. Our representatives made a presentation to the group about our central booking and our use of facial recognition. The consensus of the meeting is that Pennsylvania, because it works as a group and already has infrastructure in place, is ahead of most others.

For questions or comments about this article or the workgroup email cjbraun@pachiefs.org or call PCPA at (717) 236 1059.

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PA CHIEFS OF POLICE ASSOCIATION

Diversion Subcommittee The Juvenile Justice and Delinquency Prevention Committee (JJDPC) of the Pennsylvania Commission on Crime and Delinquency, which advises the Commission on the distribution of federal and state juvenile justice dollars, recently established a Diversion Subcommittee to promote the creation of pre-adjudication diversion programs and county-wide policies designed to hold nonviolent youth accountable without proceeding to an adjudication of delinquency. This subcommittee was originally created as part of the MacArthur Models for Change initiative and was primarily focused on ensuring that youth with mental health needs would not become unnecessarily involved in the juvenile justice system. The focus has since expanded to address the gamut of diversion scenarios, but mental health cases still warrant special consideration. Diverting these youth will have considerable impact on communities and service providers as 70% of youth in the juvenile justice system meet the criteria for mental disorders.1 Studies have confirmed that diverting youth with mental health needs to community-based treatment programs is effective and cost efficient. Often youth with mental health issues do not get the treatment they need within the juvenile justice system, thus posing a threat to themselves and their communities2. Through partnerships with local mental health resources, diversion programs provide youth with necessary treatment while effectively preventing crime and providing community safety. Additionally, Pennsylvania Act 148 provides fiscal incentives to treat youth close to home, in their communities, and in the least restrictive environment. Counties with community-based diversion programs are eligible to receive a state reimbursement of up to 80% of the cost of services whereas counties employing secure detention facilities to treat youth are only eligible for a state reimbursement of up to 50% of the cost of services.3 Robert Stanzione, President of the PA Council of Chief Probation Officers, explains, â&#x20AC;&#x153;Diversion provides juvenile justice professionals with an opportunity to address the criminogenic needs of young offenders without compromising community safety. Not all juvenile offenders need to be exposed to the full resources of the juvenile justice system. With careful screening and assessment, and by engaging community resources, diversion provides young offenders with an opportunity to redeem themselves in their own community.â&#x20AC;?

Elton Anglada of the Juvenile Defenders Association adds, â&#x20AC;&#x153;The goal of Pennsylvaniaâ&#x20AC;&#x2122;s Delinquency Courts is to rehabilitate juveniles in need of treatment, supervision, and rehabilitation, and provide these juveniles with the necessary life skills needed to succeed as they move to adulthood. Diversion programs allow appropriate juveniles to learn from their mistakes without being subject to the formal process of a trial. For many juveniles, a diversion program is sufficient to put 1

Shufelt, J. & Cocozza, J. (2006). Youth with Mental Health Disorders in the Juvenile Justice System: Results from a Multi-State Study. Focal Point: Summer, 2006.

2 Mental Health/Juvenile Justice Work Group of the Pennsylvania MacArthur Foundation Models for Change Initiative. (2006). Mental Heatlh/Juvenile Justice Joint Policy Statement. Commonwealth of Pennsylvania: September, 2006.

3 Arya, N., Lotke, E., Ryan, L., Schindler, M., Shoenberg, D., & Soler, M. (2005). Keystones for reform: Promising Juvenile Justice Policies and Practices in Pennsylvania. Models for Change: Systems Reform in Juvenile Justice.

Retrieved November 15, 2010 from, http://njjn.org/media/resources/public/resource_285.pdf.

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them on the right path.â&#x20AC;? George Mosee, Deputy District Attorney in charge of Juvenile Diversion in Philadelphia acknowledged that, â&#x20AC;&#x153;when diversion works properly it ensures that non-violent offenders are expeditiously held accountable, supervised and effectively treated.

Victim restoration can be accomplished without requiring numerous court appearances. Appropriate charges can be disposed of without burdening the already strained resources of our justice system.

Rather than waiting to testify in court, police officers can spend more time on the streets keeping us safe and courtrooms can be reserved for only those cases that require the full legal process. Regarding juveniles with special needs, it benefits everyone when their needs are immediately identified and they are diverted into an appropriate treatment program as quickly as possible.â&#x20AC;? Keith Snyder, Deputy Director of the Juvenile Court Judgesâ&#x20AC;&#x2122; Commission, also notes that, â&#x20AC;&#x153;Juvenile court records can have significant long-lasting consequences for children. It is critical that opportunities exist at all stages of our system to divert children from formal juvenile court processing, when appropriate, and to have records expunged consistent with statutory and procedural rule mandates.â&#x20AC;?

With the help of Models for Change, a national initiative to accelerate reform of the juvenile justice system, counties throughout Pennsylvania have begun to implement diversion programs at different points in the juvenile justice system. In the summer of 2009, Allegheny County piloted the Crisis Intervention Teams for Youth (CIT-Y) curriculum, which trained police officers in crisis response techniques designed to address the specific needs of youth. On December 1, 2010 mental health experts and law enforcement agents from Allegheny, Bucks, and Cambria Counties who completed the original 40-hour CIT training convened in Mechanicsburg, PA for a supplemental CIT-Y Train-the-Trainer workshop. These individuals will, in turn, now be able to train law enforcement officials in their counties with the CIT-Y curriculum.

In fall of 2009, Lehigh County implemented Student Justice Panels (SJP) in four Allentown middle schools to prevent adjudication of first time offenders and to assist schools in providing accountability and guidance to offending youth. Youth referred to the panel immediately receive a mental and behavioral health assessment that is used to guide their course of treatment. Chester County launched its own Intake Diversion Project in the fall of 2009 to divert eligible youth from the juvenile justice system at the point of intake in the juvenile probation department. The Intake Diversion Project also utilizes mental and behavioral health assessments to assist in finding an appropriate course of treatment for youth.

To promote pre-adjudication diversion work in Pennsylvania the Diversion Subcommittee of the JJDPC will issue a funding announcement in early 2011 for diversion programs and practices in the counties, including those that target youth with mental health needs. Proposals must include a formal protocol for the diversion program/practice requested and be aligned with the Guide to Developing Pre-Adjudication Diversion Policy and Practice

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Using this standard, a digital photo is encoded with a great deal of information about how it was taken including the type of camera, lens, as well as most of the cameraâ&#x20AC;&#x2122;s settings.

Think of it this way. For years police photography instructors told their students to carry around a notebook so they could take notes on how they took a picture. Information such as film type, shutter speed and f-stop were all valuable information that was often times used in court. Today that information and more is already encoded onto digital photographs in the above formats and is very easy to obtain either through Windows or just about any photo application!

In the example photograph below, just right click and use â&#x20AC;&#x153;Save Asâ&#x20AC;? to save it to your hard drive. Then, if you are using a computer with Windowâ&#x20AC;&#x2122;s Vista or 7 operating systems, right click on that photo and go to â&#x20AC;&#x153;Propertiesâ&#x20AC;? and then click on the â&#x20AC;&#x153;Detailsâ&#x20AC;? tab. (See figure 1). Scroll down and you will see a plethora of information relating to the image, camera, lens, file, and if taken with a device that has a GPS (say your cell phone) in many cases you will also see the longitude and latitude of where a photograph was taken. (See figure 2).

Think of the evidentiary implications of not only the photographs taken by your departments, but also the digital photographs that are acquired through victims, witnesses, warrants, intelligence, and especially through Social Networking sites. This information can corroborate or refute alibis, provide leads, and help resolve investigations. (Unfortunately the GPS information can also be used against victims in stalking and harassment cases.)

Two important notes: First, some or all EXIF information can be removed or edited either through Windows or any number of software applications, so keep that in mind. Second, some Social Networking sites strip the EXIF information when the photograph is posted; however, the original that is maintained by the site usually will have the information and can be subpoenaed.

In conclusion, EXIF information is a new concept to many in law enforcement and I just touched on some very basic aspects of it in this article. Please direct someone in your departments to learn more. I strongly believe that every officer needs to have an understanding of the concept both to assist in everyday police work and to protect themselves and their families especially when posting photographs online.

(Jim Dill is a retired deputy chief from the PA Office of Attorney General. He spent the majority of his career dealing with investigative technologies. He is now an investigative technology consultant and trainer with Alutiiq International and ITIS, LLC. More information regarding courses he instructs can be obtained at www.itis-llc. com or http://www.counterdrug.org.

If you have a question, comment, or an idea for an article he can be contacted at: jdill@itis-llc.com).

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in Pennsylvania created by the Diversion Subcommittee through the Models for Change Initiative in PA. The Guide is available for download at the Juvenile Law Centerâ&#x20AC;&#x2122;s website and may be accessed through the following link, http://www.jlc.org/publications/guide_to_developing_ pre-adjudication_diversion_policy_and_practice/. The Principles of Pre-Adjudication Diversion in Pennsylvania, found at Appendix A of the Guide, have been endorsed by the following organizations: County Commissioners Association of Pennsylvaniaâ&#x20AC;&#x2122;s Human Services Committee Juvenile Defenders Association of Pennsylvania Mental Health Association in Pennsylvania Office of Children, Youth and Families, Pennsylvania Department of Public Welfare Office of Mental Health and Substance Abuse Services, Pennsylvania Department of Public Welfare Pennsylvania Association of Intermediate Units Pennsylvania Community Providers Association Pennsylvania Council of Chief Juvenile Probation Officers Pennsylvania Department of Education Pennsylvania Department of Public Welfare Pennsylvania District Attorneys Association Pennsylvania Juvenile Court Judgesâ&#x20AC;&#x2122; Commission

Figure 1 www.pachiefs.org

Figure 2

Pennsylvania Juvenile Justice and Delinquency Prevention Committee

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The Supreme Court Considers the Privacy Rights of a Public Employeeâ&#x20AC;&#x2122;s Communications on an Electronic Device Provided by the Public Employer Contributed by: Danielle M. Vugrinovich, Esq.* The United States Supreme Court provided guidance to government employers regarding employee use of electronic media in City of Ontario, California v. Jeff Quon, et. al, (â&#x20AC;&#x153;Quonâ&#x20AC;?), 2010 U.S. LEXIS 4972 (June 17, 2010). The Court held that a government employerâ&#x20AC;&#x2122;s search of text messages sent and received on a work-issued device when the appropriate policy was in place did not violate Fourth Amendment search and seizure protections.

The Court approached the issue cautiously, however, so as not to upset the balance of the plurality in Oâ&#x20AC;&#x2122;Connor v.

Ortega, 480 U .S. 709 (1987).

Although this case is not likely to create any shock waves in employment litigation, it did provide a number of guideposts to all employers in navigating through the choppy waters of monitoring electronic media.

In Quon, the City of Ontario issued pagers capable of transmitting text messages to its SWAT team, including Jeff Quon. Each member had a certain limit of characters per month pursuant to the Cityâ&#x20AC;&#x2122;s service contract with a third party.

The purpose of the pagers was to facilitate mobilization and response to emergency situations. The Cityâ&#x20AC;&#x2122;s policy was as follows: [The City] reserves the right to monitor and log all network activity including e-mail and Internet use, with or without notice.

Users should have no expectation of privacy or confidentiality when using these resources.

Quon signed an acknowledgment that he read and understood the policy. The SWAT team was instructed during a meeting and a through a follow-up memorandum that, despite the fact that they were not routed though the Cityâ&#x20AC;&#x2122;s server, text messages would be covered under the policy.

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reminded him of the policy but that â&#x20AC;&#x153;it was not his intent to audit the messages to see if the overage was due to work-related transmissions.â&#x20AC;? The supervisor suggested that he reimburse the City for the overages. Quon continued to exceed the limit and pay for overages. The chief performed an audit to determine whether the existing character limit was too low, causing employees to incur personal cost. The Chief requested transcripts of the text messages from the third party. Many of Quonâ&#x20AC;&#x2122;s text messages were found to be personal. The matter was turned over to internal affairs, and it was concluded that Quon violated City policy.

In its analysis, the Court looked to the 1987 case of Oâ&#x20AC;&#x2122;Connor v. Ortega, which involved the search by hospital administration of an employeeâ&#x20AC;&#x2122;s physical office, as guiding case law in its leap into the electronic world. If it is found that the individual has an expectation of privacy, the â&#x20AC;&#x153;employerâ&#x20AC;&#x2122;s intrusion on that expectation for non-investigatory, work-related purposes, as well as for investigations of work-related misconduct, should be judged by the standard of reasonableness under all the circumstances.â&#x20AC;?

Despite the policy in place and the specific instruction that texts would fall under that policy, Quon maintained that he had an expectation of privacy because of his supervisorâ&#x20AC;&#x2122;s statement that an audit would be unnecessary if Quon paid for the overages. The Court acknowledged the swiftness with which technology changes and how employeesâ&#x20AC;&#x2122; privacy expectations may change; therefore, in crafting its holding, the Court â&#x20AC;&#x153;assumedâ&#x20AC;? that (1) Quon had a reasonable privacy interest in his text messages; (2) review of the transcript constituted a Fourth Amendment search; and, (3) the principles applicable to a government employerâ&#x20AC;&#x2122;s physical office apply to the electronic media world.

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Accordingly, the Court focused on whether the City violated Quonâ&#x20AC;&#x2122;s Fourth Amendment right through its search. In the Oâ&#x20AC;&#x2122;Connor opinion, the Court recognized that if the search was conducted for a â&#x20AC;&#x153;non-investigatory, work-related purpose[e]â&#x20AC;? or for the â&#x20AC;&#x153;investigation[n] of work] related misconduct,â&#x20AC;? a government employerâ&#x20AC;&#x2122;s warrantless search is reasonable if it is â&#x20AC;&#x153;justified at its inceptionâ&#x20AC;? and if the â&#x20AC;&#x153;the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the circumstances giving rise to the search.â&#x20AC;? Citing Oâ&#x20AC;&#x2122;Connor, supra at 480 U.S. 725-726. The Court held that the search did meet the standard applied under Oâ&#x20AC;&#x2122;Connor and was, thus, reasonable.

In so finding, the Court recognized that the search was reasonable because its purpose was to determine whether the character limit was exceeded for work-related purposes and to ascertain whether an upgraded character plan was necessary. The Court noted that the search was not â&#x20AC;&#x153;excessively intrusiveâ&#x20AC;? due to the two-month scope of the review and that the audit was limited to on-duty messages. Importantly, Quon should have expected, due to his SWAT team position, that it may be necessary to audit the messages for emergency purposes. The Court held that because the search was motivated by a legitimate work-related purpose, and because it was not excessive in scope, the search was reasonable.

In relation to Quonâ&#x20AC;&#x2122;s impact on the employment world, the following points are instructive: s !LL EMPLOYERS MUST HAVE POLICIES IN PLACE FOR ALL ELECTRONIC transmissions, require the employees to acknowledge receipt of the policy, and demonstrate efforts to ensure that employees understand the policy. s )NSTRUCT SUPERVISORY EMPLOYEES TO NOT MAKE EXCEPTIONS TO OR make comments about the application of the electronic media policy in place that would undercut the policy. s %MPLOYEES RETAIN A MODICUM OF A RIGHT OF PRIVACY EVEN IF A policy is in place and the electronic media is contained on a work-issued device. s "E PREPARED TO ARTICULATE THE INTENT OF ANY SEARCH OF ELECTRONIC transmissions.

As with all other employment relations activities, it is crucial to document policies, the distribution and understanding of such policies and the basis for any employment relations activities in order to withstand the scrutiny of litigation. * Danielle Vugrinovich is an associate in the Pittsburgh, Pennsylvania, office of Marshall, Dennehey, Warner, Coleman & Goggin and can be reached at (412) 803-1185 or dmvugrinovich@ mdwcg.com.

This article is reprinted with the permission of Danielle Vugrinovich, Esquire and the law firm of Marshall, Dennehey, Warner, Coleman & Goggin. This article is for educational and informational purposes only.

The material contained herein is not to be construed as legal advice or to create an attorney-client relationship. Š 2010 Marshall, Dennehey, Warner, Coleman & Goggin. All rights reserved. www.pachiefs.org

Pennsylvaniaâ&#x20AC;&#x2122;s Missing Endangered Person Advisory System (MEPAS) As of January, 2011 Pennsylvaniaâ&#x20AC;&#x2122;s law enforcement community has another tool at its disposal when investigating missing persons cases in our state. The Missing Endangered Person Advisory System is designed to rapidly disseminate information about a missing person to the public and law enforcement agencies in order to elicit assistance in the safe recovery of the victim. The advisory has been developed with the cooperation of the PA Broadcasters, PA Department of Aging, PA Legislature, and PA law enforcement agencies who all recognize the benefit in seeking the publicâ&#x20AC;&#x2122;s assistance.

The following information has been compiled by the Pennsylvania State Police (PSP) Criminal Investigation Assessment (CIA) / Missing Persons Unit, which has the responsibility for administering the MEPAS in Pennsylvania: Pennsylvaniaâ&#x20AC;&#x2122;s MEPAS is a tool for law enforcement to use in the event a person at special risk of harm or injury goes missing in Pennsylvania. The MEPA uses the administrative email component of the Emergency Alert System (EAS) (non-EAS broadcast) to send the information to broadcasters, and a regional law enforcement bulletin to police; the objective is to notify the public and law enforcement agencies of a missing person who is in extreme danger.

In order to avoid desensitizing the public, strict criteria are in place which must be met in order for an advisory to be issued. The decision to issue a MEPA is made by the PSP MEPA Coordinator or their designee.

1. The incident circumstances do not meet the criteria for an Amber Alert and, 2. The person(s) are missing under unexplained, involuntary, or suspicious circumstances and, 3. The person(s) are believed to be in danger because of age, health, mental or physical disability, environment or weather conditions, or are known to be in the company of a potentially dangerous person or some other factor that puts the person(s) in peril of serious bodily injury or death and, 4. The subject of the advisory has been entered in the National Crime Information Center (NCIC) database under the Disability, Endangered, or Involuntary categories and, 5. The incident is an active investigation conducted by a law enforcement agency and,

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6. There is sufficient information that, if distributed to the public, could assist in the safe recovery of the missing endangered person.

Any police department in Pennsylvania may request a MEPA for a missing person case they are investigating. The investigating agency will contact the PA State Police (PSP) Watch Center by telephone at (877) 777-9975 and request a MEPA. The investigating agency will be required to provide detailed incident information and verify that the incident meets the criteria for issuance. The PSP Watch Center and the PA Criminal Intelligence Center (PaCIC) will issue the MEPA based on the information submitted. The investigating agency will contact the PSP Watch Center immediately upon case resolution to cancel the MEPA.

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s AN ELDERLY DEMENTIA PATIENT UNBEKNOWNST TO STAFF WALKS AWAY from a residential facility in extremely adverse weather conditions s ! FOUR YEAR OLD CHILD WALKS AWAY FROM THEIR CAREGIVER IN A HEAVY motor traffic area s ! MENTALLY DISABLED YEAR OLD WITH A SERIOUS PHYSICAL AILMENT wanders from their residence without their lifesaving required medication Administrative questions about the MEPAS may be directed to the PA State Police CIA/Missing Persons Unit at (717) 783-0961 or (717) 783-0960.

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