Bulletin Summer 2019

BULLETIN

SUMMER 2019

PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION

PCPA President Chief of Police Hanover Township

Albert L. Walker

Inside this Issue: PCPA Executive Board and Committees

The Pennsylvania Chiefs of Police Testing Program

Fall 2019 Police Physical Fitness Coordinator Class

Finding the Value of Emotional Intelligence

New and Re-Accredited Agencies

Making Discipline Stick in Law Enforcement©

Legal Update for Law Enforcement

Technology Update

Sprint Works℠ for employees of

PA Police Departments

Switch to Sprint and get these perks.

Get up to $200 when you switch.

Receive

$

60

/year

Save every month on select Unlimited plans.

for 1 line

with your $5/mo. SWP discount on line 1.

for 2 lines via Prepaid Mastercard® Req. new acct. activ. with 1 ported line on Unlimited Basic and validation at sprint.com/verify.

2 Uber credits of up to $10 each/mo. for 12 mos. Req. new acct. activ. on Unlimited Basic, Plus, or Premium and validation at sprint.com/verify.

Switch to Sprint and get up to $650/line to cover your switching fees. It’s our way of giving you a Clean Slate℠. Visit sprint.com/joinsprint.

Get our 100% Total Satisfaction Guarantee and see why Sprint is the right choice.

Up to $650 (less required phone trade-in credit provided) via Prepaid Mastercard® after online registration and new phone activation. Amount based on early termination fee charged or remaining phone balance.

Applies to new lines of service. See details below.

Be sure to mention this code.

Corporate ID: GLSPA_WCA_ZZZ

*GLSPA_WCA_ZZZ*

Call Sprint Sales: 866-639-8354 Visit a local Sprint Store: sprint.com/storelocator

https://sprint.co/2wbMbYN Limited time offers. Activ. Fee: Up to $30/line. Credit approval req. Prepaid Card Offer: Sel. SWP with qualifying corp. id. While supplies last. $100 per line. Up to $200 per acct. Acct. must remain active for 61 days & in good standing at time of processing. Allow 10-12 wks. for delivery. Excl. CL, select SWP, add-a-line, tablet activ. upgrades, replacements, and ports made between Sprint entities or providers associated with Sprint. Sprint reserves the right to change or cancel this offer at any time. Uber Credit Offer: Select SWP. New acct. req. Up to $10 off 2 rides each month requested using the Uber app.

Promo Code for discount must be entered in the Payments section of the Uber app prior to requesting a ride to receive discount. May take 60 days to receive first code following validation. Promo codes will expire at the end of each month. Exclusions apply. Sprint reserves the right to change or cancel this offer at any time. SWP Discount: Sel. SWP only. $5/mo SWP discount on line 1 on Sprint Unlimited Basic Plan. Avail. for eligible company employees or org. members (ongoing verification). Discount subj. to change according to the company’s/org.’s agmt. with Sprint & is avail. upon request. Not avail. with no credit check offers. Limit one SWP discount per acct. Acct. must remain in good standing to receive discount. Clean Slate: based on ETF (early termination fee) charged or remaining phone balance. Req. port, remain active & in good standing for 30 days before card issuance & buyback of working phone in good condition (the device is unlocked, powers on and there are no broken, missing or cracked pieces). Phone must be deactivated & all personal data deleted. Device will not be returned. Reg, & submit final bill with ETF or phone balance w/in 60 days of switching at sprint.com/joinsprint.

Allow 3 business days after approval for virtual reward or 15 days for prepaid card. Excl. 100+ Corporate-liable, prepaid & ports made between Sprint or related entities. Prepaid Card/Virtual Account is issued by MetaBank®, Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. No cash access or recurring payments. Card can be used where Debit Mastercard is accepted. Virtual Account can be used online where Debit Mastercard is accepted. Unused funds will forfeit after the valid thru date. Terms and conditions apply. Satisfaction Guarantee: Call us to deactivate & return to place of purch. with complete, undamaged phone/device & receipt w/in 30 days of activ. We’ll refund your phone/device cost, svc. charges & activ. fee. Excl. int’l. usage not incl. in plan, prem. content & 3rd party billing. We’ll refund your phone/device cost. Sprint dealer may impose add’l. fees. A $45 restocking fee may apply. Visit sprint.com/returns. Other Terms: Offers/coverage not avail. everywhere or for all phones/networks. May not be combinable with other offers. No add’l discounts apply. Accounts that cancel lines within 30 days of activating on promo pricing may void savings. Restrictions apply. See store or sprint.com for details. © 2019 Sprint. All rights reserved. Sprint & logo are trademarks of Sprint. Other marks are the property of their respective owners.

N195627

Summer 2019 • Vol. 121; Issue 2

22

8 21 22 24 28

Fall 2019 Police Physical Fitness Coordinator Class The Pennsylvania Chiefs of Police Testing Program Finding the Value of Emotional Intelligence: A Leader’s Journey Toward Self-improvement

Making Discipline Stick in Law Enforcement© Technology Update

COLUMNS AND DEPARTMENTS 5 PCPA Executive Board and Committees 5

PCPA Staff

6

President’s Message

7 Remembering 9

Executive Director’s Message

10 Welcome to Our Newest Accredited Agencies 12

Legal Update for Law Enforcement

16

Legislative Report

31

PCPA Membership Application

24

Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (spring, summer, fall and winter) 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 PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative goals, news items, PCPA upcoming events and legal issues. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Joseph Blackburn, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to jblackburn@pachiefs.org.

3

SUMMER 2019 BULLETIN

contents

USPS 425940 • ISSN 0031-4404

Law enforcement is challenging enough. Let Argos Security make it easier with customizable weapons and gear storage supported by the product justifications, specs, and pricing your department needs to meet its budgeting requirements. To learn more, visit argosweaponstorage.com/PCPA.

855-893-2766 sales@argosweaponstorage.com argosweaponstorage.com Since 1968 | Lifetime Warranty | Made in the USA

OFFICERS

PCPA STAFF

Scott Bohn Chairman Chief of Police West Chester Brough

John English 1st Vice President Chief of Police Edgeworth Borough

Albert Walker President Chief of Police Hanover Township

David Steffen 2nd Vice President Chief of Police Northern Lancaster Regional

Fred Harran 3rd Vice President Director of Public Safety Bensalem Township

William Richendrfer Secretary Chief of Police South Centre Township

Royce Engler 4th Vice President Chief of Police Wright Township

David DiSanti Treasurer Chief of Police Town of McCandless

Karen Loose, Administrative Assistant, kloose@pachiefs.org Gregory Bean, Consulting and Member Services Manager, gbean@pachiefs.org Christopher Braun, Grants Management and Technology Coordinator, cjbraun@pachiefs.org Cheryl Campbell, Administrative Manager, ccampbell@pachiefs.org

BOARD MEMBERS

James Adams – 2021 Chief of Police Upper Allen Township

Larry Palmer – 2022 Chief of Police Palmer Township

Thomas Gross – 2022 Chief of Police (Ret.) York Area Regional Police

James Sabath – 2022 Chief of Police Newtown Borough

Jason Loper – 2022 Chief of Police Fairview Township

Joseph Blackburn, Executive Director, jblackburn@pachiefs.org

David Splain – 2022 Chief of Police Nether Providence Township

Mark Toomey – 2021 Chief of Police Upper Providence Township

Ken Truver – 2022 Chief of Police Castle Shannon Borough

Tim Trently – 2022 Chief of Police Archbald Borough

Michael Vogel - 2021 Chief of Police Allegheny County Housing Authority

Dick Hammon, Accreditation Program Manager, rhammon@pachiefs.org Jerry Miller, Offender Identification Technology Program Manager, jmiller@pachiefs.org Andrea Sullivan, Administrative Assistant and Accreditation Assistant, asullivan@pachiefs.org Bill Gibson, Physical Fitness, fitcop@hotmail.com

10

28

BUDGET & PERSONNEL

LEGISLATIVE

Chair: Scott Bohn, Chief of Police, West Chester Borough Al Walker, Chief of Police, Hanover Township John English, Chief of Police, Edgeworth Borough David DiSanti, Chief of Police, Town of McCandless David Steffen, Chief of Police, Northern Lancaster County Regional Bill Richendrfer, Chief of Police, South Centre Township Fred Harran, Director of Public Safety, Bensalem Township

Chair: John English, Chief of Police, Edgeworth Borough John Snyder, Chief of Police, West Manchester Township Dean Osborne, Chief of Police, Grove City Borough Randy Cox, Chief of Police, Somerset Borough Larry Palmer, Chief of Police, Palmer Township Sean McGinley, Chief of Police, Mahoning Township Police Dave Steffen, Chief of Police, Northern Lancaster County Regional Tim Damon, Chief of Police, York Area Regional Aaron Lauth, Chief of Police, Mt. Lebanon Garth Warner, Chief of Police, Derry Township Beth Readler, Captain, PA State Police (Ex-officio)

EDUCATION & TRAINING Chair: Al Walker, Chief of Police, Hanover Township Bill Richendrfer, Chief of Police, South Centre Township Bryan Kelly, Chief of Police, Shaler Township Royce Engler, Chief of Police, Wright Township Jason Loper, Fairview Township William J. Daly, Chief of Police, Horsham Township George Swartz, Chief of Police, Spring Garden Township David Mettin, Chief of Police, Slate Belt Regional Douglas Higgins, Assistant Chief of Police, Dallas Township Ashley Heiberger, Captain, Bethlehem City (Retired) David Splain, Chief, Nether Providence Township

MEMBERSHIP/BYLAWS Chair: James Adams, Chief of Police, Upper Allen Township Ken Truver, Chief of Police, Castle Shannon Borough Mark Toomey, Chief of Police, Upper Providence Township Al Walker, Chief of Police, Hanover Township Mark Pugliese, Chief of Police, West Hempfield Township

NOMINATING Chair: Fred Harran, Director of Public Safety, Bensalem Township

5

SUMMER 2019 BULLETIN

executive board & committees

PRESIDENT’S MESSAGE

DEAR MEMBERS,

I

am truly humbled to be able to stand, with our Executive Board, and lead our association for the next year. Thank you for the opportunity to do so. I am very excited to work with our Board to help our Association deliver quality services to you, our members.

Now that another great training conference has just concluded, it is my hope and the hope of the Executive Board and Association staff, that you had the opportunity to attend the trainings to become educated about topics of the day and the chance to network with other Police Executives who face the same challenges we all do. We trust that you will use these experiences to assist you in providing the very best law enforcement services to your communities.

WE ALL HAVE AN OBLIGATION TO USE OUR TALENTS TO BETTER OURSELVES AND OUR DEPARTMENTS AND COMMIT TO UPHOLDING THE INTEGRITY AND PROFESSIONALISM OF OUR CHOSEN CAREER OF

PA CHIEFS OF POLICE ASSOCIATION

LAW ENFORCEMENT.

Of course, presenting a quality training Conference every year is just one of many offerings that our association makes available.

Programs such as Accreditation, administered by the Pennsylvania Law Enforcement Accreditation Commission, is truly professionalizing police services in this Commonwealth. PLEAC provides the roadmap for departments to deliver the most efficient, highest quality and up to date practices and services to their residents. Becoming accredited or reaccredited is a meaningful and significant accomplishment and I add my congratulations to all those agencies who achieved that goal this year. Good job!!!!

Other programs include our Pennsylvania Virtual Training Network, which is our online training platform that delivers both mandatory and roll call training to not only our members, but all Officers in the Commonwealth. Our Member Services and Consulting administers competent, verified testing processes for entry level hiring, promotions, physical fitness performance evaluations, oral interviews and agency reviews. They also provide the products to departments wishing to conduct their own testing. PCPA also administers many grants used to provide valuable tools that we rely on, such as mobile fingerprinting, body cameras and booking centers, just to name a few.

I remind you of all of these professional services and programs that PCPA offers and encourage you to make full use of them. If you use these services and programs, you will make yourself better, your department better, and the field of Law Enforcement better. I am confident saying this because I, like some of you, have been using these programs for the last several years and they have certainly improved the quality of services that I and my department provide.

I would also respectfully ask you to become involved in community based boards and programs in your area to allow you to help build up your neighborhoods and enhance the community’s perception

6

of our profession. We all have an obligation to use our talents to better ourselves and our departments and commit to upholding the integrity and professionalism of our chosen career of Law Enforcement. When we took our Oath of Office, we pledged to do no less.

Thank you for your membership and I stand ready to work with you to improve law enforcement in our Commonwealth.

Sincerely,

CHIEF OF POLICE HANOVER TOWNSHIP, PA PCPA PRESIDENT

REMEMBERING Retired Chief Elwood C. “Skip” Hocker Jr. – Retired from the Lock Haven Police Department as Chief of Police also served as a detective of Lancaster City Police as well as Chief of West Hempfield Township. Past President of the PCPA 2005-2006.

Chief Steven F. Hillias – He was a member of the Perkasie Police Department since 1997. In December 2014, he was promoted to Perkasie Chief of Police.

Steven was a member of the Police Chiefs Association of Bucks County and the Fraternal Order of Police.

Lieutenant Robert “Bo” McCallister, Susquehanna Township Police Department – Lieutenant McCallister was the youngest officer ever promoted to the sergeant rank in the township. He was the first ever recipient of the Medal of Valor and Purple Heart Medal. Received the Mayor’s Award for Distinguished Public Service in 2003. Dauphin County created a uniformed Officer of the Year Award which was named the “Lieutenant Robert McCallister Award” in Robert’s honor.

Retired Chief Dennis McMaster of East Pennsboro Township Police Department, passed away earlier this year. Dennis was Chief of East Pennsboro’s Police Department for twelve years. He began his career as a patrolman with the York City Police Department in 1964. Before coming to East Pennsboro Township, he was the Chief of the Mid-Cumberland Valley Regional Police Department. He served there from 1993 to 1999. Dennis received the Person of the Year Award in November from the Upper West Shore Ecumenical Ministerium.

7

SUMMER 2019 BULLETIN

PRESIDENT’S MESSAGE

Full certification and re-certification are available.

This 40-hour course consists of lecture and hands on training geared toward police department fitness coordinators and MPOETC fitness instructors.

It’s time to switch.

Some topics of discussion are legal issues surrounding police fitness programs and testing, safely developing incumbent programs for police departments using ACSM guidelines, MPOETC testing and training, strength and endurance training and testing methods, body composition and basic nutrition training. Successful candidates will be certified by the Pennsylvania Chiefs of Police Association as Police fully-featured, reliable, ‘anywhere’ CODY RMS system. fitness coordinators.

ith pricing options targeted specifically for small-to-mid e departments in PA, there’s no better time to switch to a CODY RMS system.

me Same personal, 24/7 LIVE, Two recommended hotels in the area.

-based technical support. Same agile CODY team dedicatedCourtyard to supporting you and Marriott November 11 – 15, 2019 your department.

600 Manor Road Coatesville, PA 19320

LOCATION:

610-380-8700 Chester County Public Safety Training Campus “CODY’s user-friendly feature set, coupled with the company’s Corporate Promotion Code 5CB 137 Modena Road Coatesville, reputationPAin19320 PA as a stable, reliable company with great Home 2 Suites Hilton customer support made purchasing their RMS solution a no975 E. Lancaster Avenue Lampeter Township PD Downingtown, PA 19335

Classes run from 8:00 a.m. until 4:00 p.m. each day brainer.”

– Chief Wiczkowski, with a forty-five minuteBrian lunch break each day. West

610-873-1200 855-618-4702

The first day will be casual business attire with gym clothes the rest of the week. The one day recertification will be conducted with the rest of the class on Wednesday, November 13, 2019.

Join the CODY family of customer Foragencies. more information and to register, please visit: www.pachiefs.org

PA CHIEFS OF POLICE ASSOCIATION

Visit us at the PA Chiefs conference to learn more.

PCPA 2018 Conference June 17-18 Booths 101 & 103

PROUD SPONSORS Tel: 610.326.7476

Fax: 610.970.7242

www.codysystems.com

8

SUMMER 2019 2019 BULLETIN BULLETIN SUMMER

Police Physical Fitness Coordinator Class – Fall 2019

EXECUTIVE DIRECTOR’S MESSAGE SUMMER 2019 BULLETIN

DEAR MEMBERS,

I

n early June, the Association was fortunate to have Gregory Bean join us as the new Consulting and Member Services Manager. Greg recently retired after serving 17 years as Chief of the Southwestern Regional Police Department in York County. He also served 20 years with the Boynton Beach, Florida, Police Department retiring as a Lieutenant/Commander.

Greg’s expertise and enthusiasm make him the right person for the job of managing testing, oral interviews, executive search, management studies, and physical performance testing. His appointment to the position also allows me to dedicate my time to the duties and responsibilities of Executive Director. I am looking forward to implementing the Executive Certification Program in the near future.

Staffing issues have delayed the program, but we are now in a better position.

Keeping an eye on proposed and pending legislation that affects our Association is of utmost importance. The legislature and other stakeholders are constantly seeking our support of legislative initiatives.

As you probably know, the radar bill that we support passed the Senate by a vote of 99-1. We will be working with the Radar Coalition to gain the support of the House when they return to Session. I will be working closely with our Legislative Committee to ensure that, if legislation has an impact on our membership, our voice will be heard.

There are a number of other projects underway. Our headquarters building was built in 1922. It is a solid, valuable property in a prime location, and it is debt-free. Over the years, several maintenance upgrades have been postponed. We had a professional assessment completed and we know what needs to be done. We will address the issues in order of urgency as funding allows. Our first project involves repairs and upgrading of the electrical system.

Soon we will be preparing a proposed budget for 2020 and we are already planning for the 107th Annual Education and Training Conference to be held at the Seven Springs Mountain Resort, Champion, PA from July 12 through July 15, 2020. Save the date!!

Sincerely,

Joseph Blackburn JOSEPH BLACKBURN PCPA EXECUTIVE DIRECTOR

9

KEEPING AN EYE ON PROPOSED AND PENDING LEGISLATION THAT AFFECTS OUR ASSOCIATION IS OF UTMOST IMPORTANCE.

Pennsylvania Law Enforcement Accreditation Continues to Grow Accreditation Conference

At the end of March, the 15th Annual Accreditation Conference was held at the Sheraton Hotel in Harrisburg.

Conference dates for 2020 are March 23, 24 and 25. Mark your calendars now.

New Commission Members

Attendees agreed this was our best conference yet, with great training and the opportunity to network in the PPAC sponsored hospitality room.

At the March PLEAC meeting three new members were installed on the Commission:

If you are already enrolled in the accreditation program or if you have an interest in finding out more about the program, you do not want to miss this conference next year.

• Chief Douglas Higgins - Dallas Township Police - NE

• Chief Donald Bergmann - University of Scranton Police - NE • Chief Anthony Cortazzo - Baldwin Borough Police – W

Welcome to Our Newest Accredited Agencies

Re-Accredited Ag Point Park University Allegheny County Chief Jeffrey D. Besong (2nd Re-Accreditation) Upper Allen Township Cumberland County Chief James W. Adams (3rd Re- Accreditation)

PA CHIEFS OF POLICE ASSOCIATION

Northampton Township Bucks County Chief Michael B. Clark

PLEAC Chairman Jim Adams, Chief Michael Clark and PCPA Executive Director Joe Blackburn

Upper Uwchlan Township Chester County Chief John D. DeMarco (1st Re-Accreditation) Lower Salford Township Montgomery County Chief Thomas A. Medwid (5th Re-Accreditation)

Northern Lancaster County Regional Lancaster County Chief David E. Steffen

PLEAC Chairman Jim Adams, Chief David Steffen, Sergeant Joshua Kilgore and PCPA Executive Director Joe Blackburn 10

Fairview Township York County Chief Jason C. Loper (5th Re-Accreditation)

THE SYMBOL OF

ONGOING RISK MANAGEMENT Featuring a credible, affordable, and practical law enforcement accreditation program unique to Pennsylvania.

SUMMER 2019 BULLETIN

PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION

Training and start-up materials are provided

Call PCPA headquarters at (717) 236-1059 Pennsylvania Chiefs of Police Association | A program funded by PCCD

encies at the PLEAC Meeting in July: Upper Merion Township Montgomery County Chief Thomas M. Nolan (5th Re-Accreditation)

Swoyersville Borough Luzerne County Chief David M. Latoski (3rd Re-Accreditation)

Hanover Township Luzerne County Chief Albert L. Walker (2nd Re-Accreditation)

Bethlehem Township Northampton County Chief Daniel Pancoast (2nd Re-Accreditation)

Dallas Township Luzerne County Chief Douglas J. Higgins (4th Re-Accreditation)

Middlesex Township Cumberland County Director Barry L. Sherman (1st Re-Accreditation)

Easton City Northampton County Chief Carl Scalzo (4th Re-Accreditation)

Newtown Township Bucks County Chief John L. Hearn (2nd Re-Accreditation)

West Norriton Township Montgomery County Chief A. Dale Mabry (3rd Re-Accreditation)

Upper Saucon Township Lehigh County Chief Thomas J. Nicolleti (4th Re-Accreditation)

Franconia Township Montgomery County Chief Michael L. Martin (3rd Re-Accreditation)

Warren City Warren County Chief Brandon S. Deppen (3rd Re-Accreditation)

11

East Lampeter Township Lancaster County Chief Stephen B. Zerbe (5th Re-Accreditation)

LEGAL UPDATE FOR LAW ENFORCEMENT

Legal Update for Law Enforcement This weekend, as we remember the men and women of our Armed Forces who gave their lives to protect our own, and the freedoms we enjoy because of them, I thought I would share with you a speech given by President Reagan at Arlington National Cemetery on Memorial Day in 1986. Don’t read it as a Republican, or as a Democrat, a Libertarian or whatever. Read it and enjoy it as an AMERICAN, honoring and remembering our fellow, fallen AMERICANS, on Memorial Day. I hope you enjoy it as much as I do:

PA CHIEFS OF POLICE ASSOCIATION

“Today is the day we put aside to remember fallen heroes and to pray that no heroes will ever have to die for us again. It's a day of thanks for the valor of others, a day to remember the splendor of America and those of her children who rest in this cemetery and others. It's a day to be with the family and remember.

I was thinking this morning that across the country children and their parents will be going to the town parade and the young ones will sit on the sidewalks and wave their flags as the band goes by. Later, maybe, they'll have a cookout or a day at the beach. And that's good, because today is a day to be with the family and to remember.

Arlington, this place of so many memories, is a fitting place for some remembering. So many wonderful men and women rest here, men and women who led colorful, vivid, and passionate lives. There are the greats of the military: Bull Halsey and the Admirals Leahy, father and son; Black Jack Pershing; and the GI's general, Omar Bradley. Great men all, military men.

Presented by the Public Entity and Civil Rights Practice Group Christopher P. Boyle, Esq., Public Entity and Civil Rights Practice Group • Phone: (215) 919-7879 E-mail: cpboyle@mdwcg.com Allison Genard, Esq. Phone: (412) 803-3475 E-mail: angenard@mdwcg.com Christopher P. Boyle, Esq. Public Entity and Civil Rights Practice Group

Should you have additional inquiries, please contact any of the Update staff or: Joseph J. Santarone, Esq., Chair, Public Entity and Civil Rights Practice Group • Phone: (215) 575-2626 E-mail: jjsantarone@mdwcg.com The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. To be removed from our list of subscribers who receive these complimentary Law Enforcement updates, please contact cpboyle@mdwcg.com. If, however, you continue to receive the alerts in error, please send a note to: cpboyle@mdwcg.com.

ATTORNEY ADVERTISING pursuant to New York RPC 7.1 © 2018 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved.

Allison Genard, Esq. Associate

But there are others here known for other things.

Here in Arlington rests a sharecropper's son who became a hero to a lonely people. Joe Louis came from nowhere, but he knew how to fight. And he galvanized a nation in the days after Pearl Harbor when he put on the uniform of his country and said, 'I know we'll win because we're on God's side.'

Audie Murphy is here, Audie Murphy of the wild, wild courage. For what else would you call it when a man bounds to the top of a disabled tank, stops an enemy advance, saves lives, and rallies his men, and all of it singlehandedly.

When he radioed for artillery support and was asked how close the enemy was to his position, he said, 'Wait a minute and I'll let you speak to them.'

12

Michael Smith is here, and Dick Scobee, both of the space shuttle Challenger.

Their courage wasn't wild, but thoughtful, the mature and measured courage of career professionals who took prudent risks for great reward—in their case, to advance the sum total of knowledge in the world. They're only the latest to rest here; they join other great explorers with names like Grissom and Chaffee.

Oliver Wendell Holmes is here, the great jurist and fighter for the right. A poet searching for an image of true majesty could not rest until he seized on 'Holmes dissenting in a sordid age.'

Young Holmes served in the Civil War. He might have been thinking of the crosses and stars of Arlington when he wrote: 'At the grave of a hero we end, not with sorrow at the inevitable loss,

LEGAL UPDATE FOR LAW ENFORCEMENT

All of these men were different, but they shared this in common: They loved America very much. There was nothing they wouldn't do for her. And they loved with the sureness of the young. It's hard not to think of the young in a place like this, for it's the young who do the fighting and dying when a peace fails and a war begins. Not far from here is the statue of the three servicemen—the three fighting boys of Vietnam. It, too, has majesty and more. Perhaps you've seen it—three rough boys walking together, looking ahead with a steady gaze. There's something wounded about them, a kind of resigned toughness.

But there's an unexpected tenderness, too. At first you don't really notice, but then you see it. The three are touching each other, as if they're supporting each other, helping each other on.

I know that many veterans of Vietnam will gather today, some of them perhaps by the wall. And they're still helping each other on. They were quite a group, the boys of Vietnam—boys who fought a terrible and vicious war without enough support from home, boys who were dodging bullets while we debated the efficacy of the battle. It was often our poor who fought in that war; it was the unpampered boys of the working class who picked up the rifles and went on the march. They learned not to rely on us; they learned to rely on each other.

And they were special in another way: They chose to be faithful. They chose to reject the fashionable skepticism of their time. They chose to believe and answer the call of duty. They had the wild, wild courage of youth. They seized certainty from the heart of an ambivalent age; they stood for something.

And we owe them something, those boys. We owe them first a promise: That just as they did not forget their missing comrades, neither, ever, will we.

And there are other promises. We must always remember that peace is a fragile thing that needs constant vigilance.

We owe them a promise to look at the

world with a steady gaze and, perhaps, a resigned toughness, knowing that we have adversaries in the world and challenges and the only way to meet them and maintain the peace is by staying strong.

That, of course, is the lesson of this century, a lesson learned in the Sudetenland, in Poland, in Hungary, in Czechoslovakia, in Cambodia. If we really care about peace, we must stay strong.

If we really care about peace, we must, through our strength, demonstrate our unwillingness to accept an ending of the peace. We must be strong enough to create peace where it does not exist and strong enough to protect it where it does. That's the lesson of this century and, I think, of this day. And that's all I wanted to say. The rest of my contribution is to leave this great place to its peace, a peace it has earned."

“Thank all of you, and God bless you, and have a day full of memories.”

Defendants Berwick Borough, Chief of Police Kenneth Strish, Police Officer Reagan Rafferty and Police Officer Randy Gauger have moved for summary judgment on Plaintiff Edwin Anthony Ramos-Ramirez's complaint.

For the following reasons, that motion will be granted.

I. BACKGROUND Chief Strish, Officer Rafferty, and Officer Gaugler were dispatched to respond to a domestic dispute involving Mr. Ramos-Ramirez and another individual. The dispute took place outside of the home occupied

by Mr. Ramos-Ramirez's girlfriend, and the officers were alerted that a knife was involved.

Upon arriving at the girlfriend's residence, Officer Rafferty observed two males including Mr. RamosRamirez, who was holding a knife.

Officer Rafferty instructed Mr. Ramos-

This weekend, as we remember the men and women of our Armed Forces who gave their lives to protect our own, and the freedoms we enjoy because of them, I thought I would share with you a speech given by President Reagan at Arlington National Cemetery on Memorial Day in 1986. Don’t read it as a Republican, or as a Democrat, a Libertarian or whatever. Read it and enjoy it as an AMERICAN, honoring and remembering our fellow, fallen AMERICANS, on Memorial Day. CASE OF THE WEEK COMMENT: As Nana Chump always said, “Boy, some people just need shootin’” She wasn’t wrong. Such a someone can be found in the form of Mr. Ramos-Ramirez. No particularly awesome legal concept in play here, folks. Just another reminder of how dangerous domestic disputes can be, and how quickly things go from “Oh, boy!” to “Oh, $h!t”. Be careful out there troops – Chris “The Chump” Boyle Ramos-Ramirez v. Borough, 2019 U.S. Dist. LEXIS 85943 (M.D.Pa. May 22, 2019)

13

Ramirez to drop the knife, but Mr. Ramos-Ramirez did not comply. While Mr. Ramos-Ramirez still [*2] held the knife, Officer Rafferty shot Mr. RamosRamirez once, believing that Mr. RamosRamirez posed an imminent danger to the other individual because Mr. Ramos-Ramirez ignored commands to drop the knife and continued to chase the other individual with it. After the incident, the Pennsylvania State Police and Columbia County District Attorney's Office investigated Officer Rafferty's actions and concluded that he was justified in using deadly force.

CONTINUED ON PAGE 14

SUMMER 2019 BULLETIN

but with the contagion of his courage; and with a kind of desperate joy we go back to the fight.'

LEGAL UPDATE FOR LAW ENFORCEMENT

Summary judgment is granted when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." A dispute is "genuine if a reasonable trier-offact could find in favor of the non-movant," and "material if it could affect the outcome of the case." To defeat a motion for summary judgment, then, the nonmoving party must point to evidence in the record that would allow a jury to rule in that party's favor.

Mr. Ramos-Ramirez later pleaded guilty to simple assault with a deadly weapon, admitting at the guilty plea hearing that he attempted "to cause bodily injury to the victim ... using a deadly weapon, namely a knife, by chasing him with said knife."

Mr. Ramos-Ramirez now contends that he was subjected to constitutionally excessive force when he was shot by Officer Rafferty. Mr. Ramos-Ramirez explains that he never heard Officer Rafferty's order to drop the knife, that he was not chasing anyone with a knife, and that he did not pose a danger to anyone on scene. In short, Mr. Ramos-Ramirez says he was acting "peacefully."

PA CHIEFS OF POLICE ASSOCIATION

Mr. Ramos-Ramirez commenced the instant action alleging Monell claims against Berwick [*3] Borough and Chief Strish (Count I), an excessive force claim under 42 U.S.C. ยง 1983 against Officer Rafferty (Count II), a civil rights conspiracy claim against Chief Strish, Officer Rafferty, and Officer Gauger (Count III) and various state law tort claims against Officer Rafferty (Count IV). Defendants presently move for summary judgment on all counts of Mr. Ramos-Ramirez's complaint.

II. DISCUSSION A. Standard of Review Summary judgment is granted when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." A dispute is "genuine if a reasonable trier-offact could find in favor of the non-movant," and "material if it could affect the outcome of the case." To defeat a motion for summary judgment, then, the nonmoving party

must point to evidence in the record that would allow a jury to rule in that party's favor. When deciding whether to grant summary judgment, a court should draw all reasonable inferences in favor of the nonmoving party.

B. Excessive Force Claim Mr. Ramos-Ramirez argues that Officer Rafferty used excessive force by shooting Mr. Ramos-Ramirez.

In Heck v. Humphrey, the Supreme Court held that if a favorable [*4] judgment on a ยง 1983 claim would "necessarily imply the invalidity" of the plaintiff's conviction or sentence, the plaintiff's claim must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated. To determine whether the Heck bar applies, courts have compared the conduct supporting a plaintiff's conviction with the allegations made in the ยง 1983 action.

Here, Mr. Ramos-Ramirez pleaded guilty to simple assault with a deadly weapon. A person commits simple assault if he "attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another." A deadly weapon is either an object like a knife "for the infliction of serious bodily injury which serves no common lawful purpose," or "[a]ny device, implement, or instrumentality designed as a weapon or capable of producing death or serious bodily injury where the court determines that the offender intended to use the weapon to threaten or injure another individual." Consequently, Mr. RamosRamirez pleaded guilty to attempting to cause bodily injury to his victim with a deadly weapon. During Mr. Ramos-

14

Ramirez's guilty plea hearing in state court, Mr. Ramos-Ramirez twice admitted [*5] to chasing the victim with a knife in an attempt to cause bodily injury to him: [Court]: The allegation of Count Five shall be that on August 15, 2015, the Defendant did attempt to cause or intentionally, knowingly, or recklessly caused bodily injury to another person, specifically Alfredo Melendez, and in doing so the Defendant did chase Mr. Melendez with a knife and attempt to cause bodily injury to Mr. Melendez....[I]s if your desire to plea guilty to this simple assault charge we just added?

[Ramos-Ramirez]: Yes, your Honor.

[Court:] Every crime has elements. The elements of this kind of simple assault is that you attempted to cause bodily injury to another person, and in this particular case with a deadly weapon, specifically a knife. Do you understand those elements?

[Ramos-Ramirez]: Yes, your Honor.

[Court]: Those are the elements of the offense. Factually, [the prosecutor] is going to recite some facts. I want you to listen to those. When he is done I am going to ask you if the facts are true.

[Prosecutor]: Thank you, your Honor.

It is alleged that on or about the 15th day of August, 2015, in the Borough of Berwick, the Defendant did attempt to cause bodily injury to the victim ... [*6] using a deadly weapon, namely a knife, by chasing him with said knife.

[Court]: Are those facts true, Sir? [Ramos-Ramirez]: Yes, your Honor.

Mr. Ramos-Ramirez's plea is incompatible with his ยง1983 claim.

LEGAL UPDATE FOR LAW ENFORCEMENT

This version of events could not sustain the elements of simple assault with a deadly weapon under Pennsylvania law. Accepting the conclusion that Mr. Ramos-Ramirez's did not present imminent harm to the victim would necessarily imply the invalidity of Mr. Ramos-Ramirez's underlying conviction predicated on the fact that Mr. Ramos-Ramirez was chasing his victim with a knife. Therefore, a favorable judgment [*7] on Mr. RamosRamirez's excessive force claim requires a finding that Officer Rafferty acted unreasonably in believing deadly force was necessary to prevent death or serious physical injury to the victim—that is, a finding that Mr. Ramos-Ramirez was not attempting to cause bodily injury to the victim at the time Office Rafferty shot Mr. Ramos-Ramirez—and such a finding necessarily implies the invalidity of Mr. Ramos-Ramirez's conviction.

Accordingly, because Mr. RamosRamirez also has not demonstrated that his simple assault with a deadly weapon conviction or sentence has been invalidated, and because a favorable judgment on Mr. RamosRamirez's excessive force claim necessarily implies the invalidity of his underlying conviction for simple assault with a deadly weapon, his excessive force claim is barred by Heck and will be dismissed.

C. Monell Claim Because Mr. Ramos-Ramirez's excessive force claims fails, Mr. Ramos-Ramirez's cannot allege any viable constitutional violation to support his Monell claim, entitling Defendants to summary judgment.

D. State Law Claims In his complaint, Mr. Ramos-Ramirez's [*8] "fourth cause of action" alleges claims of "assault and battery, intentional infliction of emotional distress, interference with State and Constitutional rights, negligence, and gross negligence" against Officer Rafferty.

Mr. Ramos-Ramirez's state law claims fail for three reasons. First, to the extent Mr. Ramos-Ramirez's state law claims are based on negligence, those claims, as Mr. Ramos-Ramirez acknowledges, are barred by the Pennsylvania Political Subdivision Tort Claims Act ("PSTCA"), which shields certain municipal employees from liability for negligent acts with few exceptions not applicable here.

Second, to the extent Mr. RamosRamirez's state law claims are based on intentional torts outside the PSTCA's protection, those claims also fail as a matter of law. Officer Rafferty would not enjoy PSTCA immunity if his

conduct involved "actual malice" or "willful misconduct" amounting to an intentional tort. But here, even if I were to conclude in Mr. Ramos-Ramirez's favor that the force Officer Rafferty used was excessive, Mr. Ramos-Ramirez does not point to evidence in the record that Officer Rafferty's knew the force was excessive and decided to shoot Mr. Ramos-Ramirez anyway.

Third, to the extent Mr. Ramos-Ramirez's asserts that he was not chasing his victim with a knife, that assertion cannot sustain his state law claims. As explained above, that assertion challenges the facts forming the basis of Mr. RamosRamirez's guilty plea, and such an effort, which amounts to a collateral attack on his state conviction, has been forbidden

by Pennsylvania courts and also raises concerns of estoppel. In sum, this Court "cannot entertain arguments in a collateral civil proceeding that attack the validity of the underlying criminal conviction."

Accordingly, Officer Rafferty is entitled to summary judgment on Mr. RamosRamirez's state law claims.

III. CONCLUSION For the reasons discussed above, Defendants' Motion for Summary Judgment will be granted. An appropriate Order follows.

In Heck v. Humphrey, the Supreme Court held that if a favorable [*4] judgment on a § 1983 claim would "necessarily imply the invalidity" of the plaintiff's conviction or sentence, the plaintiff's claim must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated. To determine whether the Heck bar applies, courts have compared the conduct supporting a plaintiff's conviction with the allegations made in the § 1983 action.

15

SUMMER 2019 BULLETIN

Importantly, Mr. Ramos-Ramirez does not argue that even if he were chasing his victim with a knife, Officer Rafferty's force was unreasonable; rather, Mr. Ramos-Ramirez argues that Officer Rafferty's decision to shoot was unreasonable because Mr. RamosRamirez wasn't chasing his victim at all. That is, Mr. Ramos-Ramirez claims that he acted "peacefully," was not chasing the victim, did not make any threatening movements toward him, and could not have harmed the victim at the time he was shot by Officer Rafferty. In other words, Mr. RamosRamirez believes did nothing wrong.

LEGISLATIVE REPORT

LEGISLATIVE REPORT

PA CHIEFS OF POLICE ASSOCIATION

The following is a list of bills that have been introduced that are of particular interest to the Association. This list does NOT consist of ALL bills related to police and criminal justice matters, as there are numerous bills coming in on a weekly basis. If you have knowledge of a bill or questions, please contact Jerry Miller, jmiller@pachiefs.org or Joseph Blackburn.

1616

LEGISLATIVE REPORT

Act 5 HB 279

Boback, Karen(R) Amends Title 42 (Judiciary), in particular rights and immunities, further providing for rescue from motor vehicle.

Remarks: providing good faith immunity for damages resulting from the rescue of a person, dog or cat from a motor vehicle.

Last Action:

7-14-19 G Earliest effective date

Act 22 HB 384

Kail, Joshua (F)(R) Amends Title 75 (Vehicles), in licensing of drivers, further providing for classes of licenses.

Remarks: Section 1504 of Title 75 is amended by adding a subsection to read: Classes of licenses.* * *(f) Penalty.--A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of up to $200, except that, if the person charged furnishes satisfactory proof of having held the proper class of license valid on the last day of the preceding driver's license period and no more than six months have elapsed from the last date for renewal, the fine shall be $25.

Last Action:

8-27-19 G Earliest effective date

Act 58 HB 1614

Kauffman, Rob(R) Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary), in firearms, for persons not to possess firearms & for sale or transfer; for Statewide municipal police jurisdiction, for extraterritorial jurisdiction, for interpretation.

Remarks: Adds language providing a municipal police officer, a nonmunicipal police officer, or an agent of the Office of Attorney General shall have the power and authority to enforce the laws of the commonwealth in cases where the officer or agent has been requested to immediately aid or assist a federal, state or local law enforcement officer or park police officer; has probable cause to believe that a federal, state or local law enforcement officer or park police officer is in need of aid or assistance; or has been requested to participate in a federal, state or local task force Last Action:

7- 2-19 G Earliest effective date

Act 17 SB 127

Regan, Mike(R) Amends Title 35 (Health and Safety), in 911 emergency communication services, further providing for telecommunications management, for counties, for fund, for telephone records, for inventory and for termination of chapter.

Remarks: Amends Title 35 (Health and Safety) providing for the reauthorization of Chapter 53 providing funding for 911 emergency communication services. Adds the State Fire Commissioner and the chairperson of the State Geospatial Coordination Board to the 911 board and adds a representative from the Ambulance Association and the Pennsylvania Association of Councils of Government to the 911 board as nonvoting members. Also requires the Legislative Budget and Finance Committee to review the reports required by Chapter 53 and provide a recommendation on the reauthorization of the chapter by December 31, 2020. Extends the expiration date of the chapter to June 30, 2021 Last Action:

6-28-19 G Earliest effective date

CONTINUED ON PAGE 18

17

SUMMER 2019 BULLETIN

Legislative Report – Bills to Watch Bills Tracked and Signed into Law prior to the Summer Session Break

LEGISLATIVE REPORT

The intent of the bill is to provide procedures which will protect material witnesses or victims of crime with intellectual disabilities or autism during their involvement with the criminal justice system. The bill outlines when an out-of-court statement made by an individual with an intellectual disability or autism who is a victim or witness describing enumerated offenses would be admissible in evidence. Enumerated offenses include homicide, assault, kidnapping, human trafficking, sexual offenses, burglary, robbery, incest, and corruption of minors.

Act 29 SB 399

Langerholc, Wayne(R) Amends the Sexual Assault Testing and Evidence Collection Act further providing for sexual assault evidence collection program, for rights of sexual assault victims & for report by Pennsylvania State Police.

Remarks: Amends the Sexual Assault Testing and Evidence Collection Act outlining additional rights of sexual assault victims, including the rights to not be prevented from or charged for receiving a medical forensic exam or to consult with various professionals. A victim who has chosen to make an anonymous report may still elect to receive notifications.

Clarifies language regarding the telephone line for victims. Further provides for anonymous submissions. Requires the Pennsylvania State Police to submit an annual report to the Department of Health relating to sexual assault evidence. Lays out requirements for notifications.

Last Action:

8-27-19 G Earliest effective date

Act 30 SB 469

Laughlin, Daniel(R) Amends Title 42 (Judiciary), in depositions and witnesses, providing for procedures to protect victims and witnesses with intellectual disabilities or autism.

PA CHIEFS OF POLICE ASSOCIATION

Remarks: Amends Title 42 (Judiciary and Judicial Procedure), in depositions and witnesses, adding a subchapter providing for procedures to protect victims and witnesses with intellectual disabilities or autism. The intent of the bill is to provide procedures which will protect material witnesses or victims of crime with intellectual disabilities or autism during their involvement with the criminal justice system. The bill outlines when an out-of-court statement made by an individual with an intellectual disability or autism who is a victim or witness describing enumerated offenses would be admissible in evidence. Enumerated offenses include homicide, assault, kidnapping, human trafficking, sexual offenses, burglary, robbery, incest, and corruption of minors.

Last Action:

8-27-19 G Earliest effective date

Act 31 SB 479

Baker, Lisa(R) Amends Title 42 (Judiciary), in depositions and witnesses, further providing for admissibility of certain statements.

Remarks: Amends Title 42 (Judiciary and Judicial Procedure), in depositions and witnesses, allowing admissibility of certain statements by child victims or witnesses for certain enumerated crimes, such as assault or kidnapping.

Last Action:

8-27-19 G Earliest effective date

Act 67 SB 621

Regan, Mike(R) Amends the Public School Code amending provisions relating to school police officers, school resource officers, and school security guards; and imposing powers and duties on the PA Commission on Crime and Delinquency.

Remarks: School Safety and Security-Amendments to Act 44 of 2018 to clarify that school districts, under current practice, could decide whether school security guards should be armed or unarmed while on school property Last Action:

8-31-19 G Earliest effective date

18

LEGISLATIVE REPORT

SB 607 - Scavello, Mario - Amends Title 75 (Vehicles), in rules of the road in general, further providing that any police officer may use an electronic speed meter, radar or light detection and ranging devices upon approval by local ordinance and completion of training requirements. The legislation provides for a revenue cap on the amount of money a municipality may keep from speeding tickets and calibration standards for radar guns.

Last Action: Senate Final Passage (Vote Y: 49/N: 1)

6-25-19

Received in the House and referred to House Transportation

6-26-19

HB 74 - Rothman, Greg - Amends Titles 44 (Law and Justice) and 75 (Vehicles), establishing a six-year pilot program for accredited municipal and regional police to use radar as a speed timing device.

Last Action: Introduced and referred to committee on House Transportation

1-28-19

HB 352 - Kortz, Bill - Amends Titles 44 (Law and Justice) and 75 (Vehicles), in Title 44, adding a chapter providing for issuance of citations and prohibiting quotas; and in Title 75 in rules of the road in general, establishing a radar enforcement systems pilot program; and making a related repeal.

Last Action: Introduced and referred to committee on House Transportation

2- 4-19

HB 36 - Sankey, Thomas - Amends the Sexual Assault Testing and Evidence Collection Act, establishing a restricted account within the State Treasury, from which contributions shall be disbursed by the State Police as grants to labs designated to assist local law enforcement agencies with rape kit testing costs. Provides for means of accepting funds.

Last Action: Introduced and referred to committee on House Judiciary

1-28-19

HB 50 - Wheatley, Jake - Amends the Medical Marijuana Act further providing for‌ adult-use cannabis. The bill establishes a chapter entitled the Cannabis Act and states that use or possession of medical cannabis as set forth in the Cannabis Act part is lawful within the commonwealth.

Last Action: Discussed during joint public hearing -House Health 6- 3-19

Lieutenant Governor John Fetterman visits the Pennsylvania Chiefs of Police Association Executive Board during his marijuana listening tour.

CONTINUED ON PAGE 20

19

SUMMER 2019 BULLETIN

Other Tracked Bills of interest that did not become Law yet

LEGISLATIVE REPORT

HB 579 - Flynn, Marty - 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," providing for fire officers. The bill establishes that except in cities of the first and second class, fire chiefs and heads of fire departments who have been removed from bargaining units under the Policemen and Firemen Collective Bargaining Act, by rulings of the Pennsylvania Labor Relations Board shall receive not less than the same dollar increase, including fringe benefits but excluding overtime and festive holiday pay, as received by the highest ranking fire officer participating in the bargaining unit.

Last Action: Introduced and referred to committee on House Labor and Industry 2-28-19 SB 45 - Ward, Kim - Amends the Pennsylvania Turnpike Commission Act providing for emergency vehicles by waiving fees for a member of the Pennsylvania State Police for a legitimate law enforcement function and a vehicle carrying or escorting a firefighter, ambulance service or rescue squad member, law enforcement officer or armed service member killed in the line of duty.

Last Action: Set on the Senate Calendar 6-12-19 SB 502 - Bartolotta, Camera - Amends the Crime Victims Act, providing for definitions; in crime victims, providing for rights, for responsibilities of victims of crime under basic bill of rights, for responsibilities of state and local law enforcement agencies and for responsibilities of prosecutor's office; in administration, further providing for office, for powers and duties of victim advocate and for powers and duties of Office of Victims' Services; in compensation, further providing for persons eligible for compensation, for filing of claims for compensation, for minimum allowable claim, for determination of claims, for emergency awards, for awards and for confidentiality of records; in services, providing for eligibility of victims; in financial matters, providing for costs and for costs for offender supervision programs; and, in enforcement, providing for subrogation.

Comment from a PCPA Legislative Committee member: “Looking at this the underlined revision list looks long and costly. I fail to see the advantages of such expansion of the act.

I also would like to see the written notice requirements shortened to provide access and review via websites to meet the notice by police provisions. The elimination of a signature by the victim is a good addition and a step in the right direction.

While I am reluctant to be unable to support victims’ rights this appears overly broad and likely to result in fraud and abuse.

I cannot support this as written.”

Last Action(s): Senate Final Passage (Vote Y: 48/N: 0)

6- 5-19

Received in the House and referred to House Judiciary

6- 6-19

Hearing set for 10:00 a.m., Room 140, Main Capitol - House Judiciary

6-17-19

Public hearing held in committee House Judiciary 6-17-19

PA CHIEFS OF POLICE ASSOCIATION

Discussed during public hearing - Senate Judiciary

6-26-19

HB 317 - Rothman, Greg - Amends Title 75 (Vehicles), in penalties and disposition of fines, providing for surcharge; providing for automated license plate reader (ALPR) systems; imposing penalties; and establishing the ALPR Equipment Fund. A surcharge of $25 is levied upon conviction for violation of Chapter 13 (relating to registration of vehicles), a surcharge of $25 which shall be remitted to the State Treasury for deposit in the ALPR Equipment Fund.

The ALPR Equipment Fund is established to procure ALPR equipment for use by law enforcement agencies and to assist and provide equipment support for State and local law enforcement.

Last Action: House Meeting set for 1:00 p.m., Room B31, Main Capitol - House Transportation

8-13-19

HB 634 - AKeller, Mark - Amends Title 75 (Vehicles), in general provisions relating to operation of vehicles, further providing for obedience to authorized persons directing traffic and providing for drivers in organized motorcycle processions; in rules of the road in general, providing for following too closely; in inspection of vehicles, providing for inspection by police or commonwealth personnel; and, in enforcement, providing for investigation by police officers.

Provides an exception for cities of the first class and second class. Requires the sponsor of the procession to notify the affected municipalities of the planned procession no later than 14 days before the commencement of the procession.

Affords organized motorcycle processions many of the same traffic rights that funeral processions currently receive.

Last Action(s): House Final Passage (Vote Y: 172/N: 23)

4-29-19

Received in the Senate and referred to Senate Transportation 20

5- 3-19

Try these cost-effective, easy-to-administer, validated exams developed by our partner, Stanard & Associates, Inc., for your next entry-level or promotional process.

SAVE TIME AND MONEY WITH STANARD’S ONLINE EMPLOYMENT APPLICATION SERVICE Stanard & Associates Inc.’s comprehensive online application program handles all facets of the application process. The online system distributes and collects candidate applications, verifies that applicants meet minimum requirements, allows Stanard’s staff to efficiently respond to applicant inquiries, and generates a listing of applicants who are eligible to move on to the next phase of your process. Your staff will spend much less time on the process, and applicant fees can be used to cover the costs associated with the application and entry-level tests, relieving your agency of any application and written test cost. Contact Stanard & Associates, Inc. at 800-367-6919 to set up your online application today, or visit: https://www.applytoserve.com/appdemo/for more information.

ENTRY-LEVEL LAW ENFORCEMENT SELECTION The National Police Officer Selection Test (POST) measures reading comprehension, arithmetic, grammar, and incident report writing skills. The test is widely used across the United States by city, county, state and federal agencies. It is available in two formats and multiple forms. One format allows agencies to score the test themselves, while the other is scored by Stanard & Associates, Inc. DISPATCHER SELECTION The National Dispatcher Selection Test NDST gives call centers the ability to objectively assess candidate’s skill with respect to five important areas:

21

reading comprehension, listening, problem solving, prioritizing, and multi-tasking. The NDST is available in two formats. One format allows agencies to score the test themselves, while the other is scored

by Stanard & Associates, Inc. FIRST AND SECOND-LINE SUPERVISOR TESTS The Pennsylvania First/Second Line Supervisor Tests (PFLST and PSLST) measure the important knowledge required of first- and second-line law enforcement supervisors. The tests are based on source materials covering Pennsylvania laws, patrol operations, major court cases, investigations, community policing and management concepts.

The two tests are cost-effective alternatives to completely customized tests. They can be used as stand-alone promotional exams, or they can be enhanced with customized agency-specific test items.

DETECTIVE/INVESTIGATOR TEST The National Detective/Investigator Test (NDIT) is a written exam covering the topics of criminal investigations, major supreme court cases and investigative interviewing. Agencies may use this exam as part of their process to select officers into the position of detective/investigator.

For more information please contact Gregory Bean, Testing & Consulting Coordinator at: gbean@ pachiefs.org Tel: 717-236-1059 Extension 107 or go to https://www.pachiefs.org/police-testing for an order form.

SUMMER 2019 BULLETIN

The Pennsylvania Chiefs of Police Testing Program

FINDING THE VALUE OF EMOTIONAL INTELLIGENCE: A LEADER’S JOURNEY TOWARD SELF-IMPROVEMENT

Finding the value of emotional intelligence: a leader’s journey toward self-improvement I started my policing career in 1995 in a south-central Pennsylvania city, after spending eight years in the U.S. Army. I moved up the ranks quickly: detective in two years; sergeant after seven; lieutenant in 11; and captain before my 14th anniversary with the department.

PA CHIEFS OF POLICE ASSOCIATION

My leadership approach at that time could be characterized as severe; many of the officers in the department were less than motivated and discipline was lacking in many areas. I took on the mission of reintroducing discipline, and when officers violated departmental policy and procedures, I took it personally. What mattered, though, was that I was getting results. Unfortunately, coupled with my ego, I alienated many from my lofty height of operations captain. At the time, I failed to see how my demeanor was adversely affecting the department as an institution; I only saw and concentrated on the results, which seemed to be all positive.

Most of my leadership abilities came from my stint in the Army. Essential but straightforward tenets like, “Your soldiers eat first,” “Accomplish the mission and take care of your troops” and “Lead by example” were drilled into me daily. I, in turn, had drilled them into those under me. It was a tried and tested approach to leadership. All I had to do was export it to the command hierarchy in my new police department and wait for the same positive results. Somewhere along the way, however, I lost my way and only followed those lessons that suited me with little regard for the “troops” under me. I had become so focused on the single narrow aspect of discipline and obeying orders, that I had forgotten all of the primary doctrines about taking care of my troops, too.

Ron Camacho is the Chief of the Chambersburg Borough Police Department in Franklin County, PA.

Also, at this time, I was attending marriage counseling.

While the sessions did not save my marriage, they did help me to understand myself and rediscover a part of my leadership repertoire that had long been closed, namely compassion. This forced me to attempt to step outside of my personal lens and narrow view of life and consider whether I had been making the same mistakes in my marriage that I had in my job.

Time spent in counseling helped me focus on my internal issues, to understand what made me tick, to check my ego, and fix that man that I saw every day in the mirror. I started a slow transformation with honesty – especially critical self-honesty - and compassion becoming my personal mantras. The first steps towards developing “emotional intelligence” started in those counseling sessions.

22

Psychology Today defines emotional intelligence as the ability to identify and manage your own emotions and the emotions of others. A police officer getting in touch with their emotions is foreign and uncomfortable, but a necessary, needed element to become an effective leader. Executive coach and author Joel Garfinkle identifies five qualities that all emotionally intelligent leaders possess: empathy, self-awareness, positivity, consideration, and authenticity. I was on my way to rediscover these indispensable and valuable traits.

My department did not get to experience the new me, however, as I retired and took a job as a police advisor in Afghanistan. As a civilian, I held no rank or authority.

This was a real test of my newfound self. I began mentoring the young soldiers assigned to my team. This mentoring continued after I left Afghanistan, with me being called on to offer those same soldiers guidance and advice as they finished their tours and entered civilian life. I am proud of the positive effect I had on those dedicated soldiers, and saw the positive effect of this newly discovered approach to leadership.

As a chief of police currently, I find command much easier than the days when I was still a young, arrogant

23

and angry captain. All those leadership lessons, coupled with empathy, compassion and the suppression of my ego, have led to a successful and proven leadership style. I can now motivate others not by fear, but by admiration and respect. That admiration and respect now flows in both directions. I am building up the senior and junior leaders under my command. Doing so is no longer about me, but about me seeing them succeed, as well as the department. Today, I firmly believe that if I can help them succeed, the department cannot help but benefit and be a success itself. At this point in my life, I am truly fulfilled as a leader, perhaps for the first time since my tour in the 82nd Airborne, and it all started with a hard look at myself and discovering the value of emotional intelligence.

WORKS CITED: https://www.psychologytoday.com/us/basics/emotional-intelligence Garfinkle, J. (2018, January 15). 5 qualities of emotionally intelligent leaders. SmartBrief, pp. 1-6.

SUMMER 2019 BULLETIN

FINDING THE VALUE OF EMOTIONAL INTELLIGENCE: A LEADER’S JOURNEY TOWARD SELF-IMPROVEMENT

MAKING DISCIPLINE STICK IN LAW ENFORCEMENT©

Making Discipline Stick in Law © Enforcement By: Richard R. Johnson, PhD Matt Dolan, Attorney

Some individuals in government have suggested that grievance arbitrators’ handling of law enforcement officer discipline cases tends to be biased in favor of the employees and against management. Cleveland Mayor Frank Jackson, for example, has criticized the grievance arbitration process after being required to rehire a number of police officers that had been terminated from the Cleveland Police Department. Mayor Jackson argued that the arbitration process “keeps bad cops on the force.”1

PA CHIEFS OF POLICE ASSOCIATION

Former Police Chief Cathy Lanier of the Washington Metropolitan Police Department in Washington, DC faced similar issues, being forced to reinstate officers her department had terminated for significant acts of misconduct. In a December 24, 2013 letter to the editor published in the Washington Post, Chief Lanier wrote the following: “One of my greatest frustrations is an arbitration process for employee terminations that, on multiple occasions, has required the department to rehire officers who had been fired for misconduct. In fact, we’ve had

several instances in which an officer was fired for misbehavior, the case went to arbitration and the arbitrator ruled that we had to rehire the individual, who was subsequently arrested for additional misconduct. As a result of arbitration, we are regularly required to rehire individuals who simply have no business being on this police force. Often, arbitrators in these cases don’t appear to have the best interests of D.C. residents in mind.”2 Situations such as these have caused some to question the legitimacy of the workplace grievance arbitration

process with regard to law enforcement officers. In 2002, Chicago Police Board member Mark Iris, for example, wrote, “Given that disciplinary suspensions went through multiple stages of internal scrutiny before any discipline was imposed, it seemed reasonable to expect that arbitrators would have upheld management’s actions at a much higher proportion.”3 Iris went on to argue that the police grievance arbitration process was simply “arbitrary,” seeking to negotiate down the severity of punishments rather than looking at the evidence.

Staff (February 27, 2015). Cleveland Mayor Frank Jackson says arbitration process keeps bad cops on police force. Cleveland.com (Retrieved from: http://www.cleveland.com/metro/index.ssf/2015/02/cleveland_mayor_frank_jackson_22.html) 1

Lanier, C. L. (December 24, 2013). Letters to the editor: The biggest obstacle in building a better D.C. police department. The Washington Post (Retrieved at: https://www.washingtonpost.com/opinions/the-big-obstacle-in-building-a-better-dc-police-department/2013/12/24/4 2df177268e3-11e3-997b-9213b17dac97_story.html) 2

3

Iris, M. (2002). Police discipline in Houston: the arbitration experience. Police Quarterly, 5(2), 132-151.

24

MAKING DISCIPLINE STICK IN LAW ENFORCEMENT©

Dolan Consulting Group (DCG) analyzed a nationwide sample of 377 cases of serious law enforcement officer discipline (demotions, suspensions, and terminations) that went to arbitration review between January 1, 2006 and December 31, 2015. In these law enforcement-specific cases, the arbitrator sided with the employer and upheld the discipline 55% of the time. However, in 45% of the cases, the arbitrator did reduce or completely overturned the employee’s discipline. In the overwhelming majority of cases, arbitrators cited specific management investigative, procedural and consistency failures that led to the decision to overturn or reduce discipline.

WHY IS DISCIPLINE REDUCED OR OVERTURNED? It appears that almost half of the time a law enforcement agency seeks to apply significant corrective action in response to an employee’s acts of misconduct, this discipline is not upheld by an arbitrator almost half of the time. This clearly

hampers leadership’s ability to hold employees accountable for reckless, negligent, or criminal behavior. This situation makes it difficult for law enforcement agencies to rid themselves of “bad apples,” lowering agency-wide morale, damaging the legitimacy of the police in the eyes of the public, and increasing legal liability for the department. It is extremely important, therefore, that law enforcement agency leaders learn what errors have led to discipline reversals in the past, so they can avoid those errors in the future.

In analyzing its sample of 377 law enforcement employee discipline arbitration cases, DCG was able to identify the five most common reasons given by arbitrators to justify their decisions to reverse or reduce discipline issued to law enforcement officers. #1 – Disproportionate Punishment The most common reason cited for overruling the employer’s discipline was that punishment was distributed unfairly. In most cases, this involved situations where discipline was distributed unevenly. These are cases where two employees who shared similar past performance histories committed similar acts of misconduct, yet one employee was punished far more severely than the other. Employees must be treated evenly when being given punishments and the only aggravating or mitigating circumstance that can justify different punishment outcomes for the same type of behavior is a record of prior misconduct.

Arbitrators overturned punishments if it appeared the severity of the punishment depended on anything else, including the employee’s rank, years of experience, personal friendships, race, sex, or even attitude and lack

of remorse. Only the seriousness of the offense and the employee’s prior record of misconduct should matter.

Arbitrators also reduced or overturned discipline on the basis of disproportionate punishment if the punishment was far more severe than the seriousness of the act of misconduct would warrant. In other words, if the case involved a minor act of misconduct that was given a severe punishment rather than a minor punishment, or retraining in the spirit of progressive discipline, it was likely to be overturned by the arbitrator. Some of these discipline decisions may have been, in fact, “last straw” offenses for an employee who had been exhibiting problem behavior for some time. If this prior past misconduct had not been documented and addressed, however, courts and arbitrators are unwilling to take these past problems into consideration.

#2 – Insufficient Evidence The second most common justification for overturning employer discipline involved insufficient proof of misconduct. While civil courts often utilize the “preponderance of the evidence” standard of proof in civil lawsuits, arbitrators generally use the higher standard of proof of “clear and convincing.” The clear and convincing standard means that the CONTINUED ON PAGE 27

Mesch, D. J. (1995). Grievance arbitration in the public sector. Review of Public Personnel Administration, 14(4), 22-36.; Mesch, D. J., & Shamayeva, O. (1996). Arbitration in practice: a profile of public sector arbitration cases. Public Personnel Management, 25(1), 119-132.

4

LaVan, H. (2007). Public sector employee discipline: comparing police to other public sector employees. Employee Responsibilities and Rights Journal, 19(1), 17-30.

5

25

SUMMER 2019 BULLETIN

Prior research on grievance arbitration cases involving public employees, however, does not reveal that arbitrators either ignore the evidence or simply seek to mediate a “middle ground” punishment between the employer and the union. A 1995 study examined arbitration decisions from 994 public sector employee discipline cases. It found that arbitrators upheld the employer’s discipline in its entirety in about 50% of these public sector cases, but did reduce or completely overturn the employee’s discipline in the other half of the cases.4 A 2007 study reviewed 806 arbitration cases of public sector employee discipline and, again, found that the arbitrators sided with the employer in about half of the cases.5

PA CHIEFS OF POLICE ASSOCIATION

Proud 5-Shield Sponsor of PCPA

26

MAKING DISCIPLINE STICK IN LAW ENFORCEMENT©

#3 – Due Process Violations The third most common reason arbitrators overturn a law enforcement agency’s discipline is that the employer violated the employee’s due process rights when investigating the employee misconduct, determining guilt, or assigning punishment.

Public employees are afforded certain due process rights by the U.S. Supreme Court, and by statutes and legal precedents within each state.

These rights generally include a complete and impartial investigation, notice of the charges against the employee, an opportunity to challenge the charges with rebuttal evidence, and a determination of guilt by an unbiased hearing officer. Even murderers and terrorists are afforded their due process rights by the criminal justice system when they are investigated, arrested, and prosecuted.

Therefore, no matter how serious the employee’s act of misconduct, and no matter how much evidence there is against the employee, if the employer violates these rights, the discipline is likely to be overturned, just as a criminal can walk free if his or her due process rights are violated in the criminal context. #4 – Procedural Errors Procedural errors, such as failing to follow written policies or the agen6

cy’s collective bargaining agreement, came next in frequency as a justification to overturn an employer’s discipline. If a law enforcement agency fails to follow any of its own written procedures for handling employee discipline, it risks having its discipline overturned. The same is true for violations of its collective bargaining agreement with its employee’s union, as this “agreement” is actually a legally binding contract. Violations of a legal contract will bring legal repercussions for the party that violates the contract. If there is a time limit for filing misconduct charges, for example, then this time limit must be met.

If the contract permits employees to have a union representative present during questioning, then a union representative must be contacted and be present. #5 – Other Mitigating Circumstances To a much lesser extent, a collection of other mitigating circumstances were mentioned by arbitrators as additional justifications that helped sway them to overturn an employer’s discipline. The most common of these was the employee’s past record of good performance. When issuing punishments, arbitrators expected employers to show leniency toward employees with lengthy employment histories of outstanding past performance. Therefore, if past misconduct was not documented, it was irrelevant to the arbitrators’ decision. As a popular saying goes, if it’s not in writing, it didn’t happen.

Arbitrators usually expected employers to demonstrate some form of harm that resulted from the employee’s misconduct in order to justify the punishment. Arbitrators usually have never been police officers and they do not understand your job. Employers often need to explain what repercussions specific acts of

misconduct may have on the community or the department.

Finally, arbitrators tended to review the circumstances surrounding the misconduct by what was objectively reasonable from the perspective of the employee at the time, rather than the reality of facts that were determined later. This was the standard set by the U.S. Supreme Court in Graham v. Connor. It requires asking the question, “Based on what the officer knew, heard, smelled, and saw at the time, were the officer’s actions reasonable?” Arbitrators expect employers to employ this standard.

MAKING DISCIPLINE STICK DCG staff have taken the findings from this research study of 377 law enforcement employee discipline cases and developed an evidencebased course to not only educate law enforcement leaders about these five reasons for discipline reversals, but also provide strategies to help ensure that discipline is delivered in a fair manner that will stand up to external arbitrator review.

Called Making Discipline Stick in Law Enforcement©, this course is designed to assist supervisors, human resources professionals, city attorneys, agency executives, and union leaders in law enforcement by increasing their knowledge about the most frequent causes of discipline reversals. When arbitrators give a written justification for their decision, they always provide advice to the employer about how the case should have been handled. This course uses the very words and insights from these arbitrators to help public sector agencies improve the fairness of their disciplinary processes and increase the likelihood the employee discipline they hand down will remain in place after arbitrator review.

Calderon v. Thompson, 523 U.S. 538 (1998); Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990).

27

SUMMER 2019 BULLETIN

information presented is substantially more probable to be true than not true. This standard of proof is a higher degree of proof than the “preponderance of the evidence, and it also the standard of proof utilized by arbitrators”.6 If the law enforcement agency only utilizes the lower preponderance of the evidence standard of proof when gathering evidence and determining whether an employee committed a particular act of misconduct, the employer risks having the discipline overturned by an outside arbitrator.

TECHNOLOGY UPDATE

Technology Update

PA CHIEFS OF POLICE ASSOCIATION

By: Christopher J. Braun MSIT, PCPA Technology Coordinator

Beginning October 1, 2019 and continuing for the next two years, PCPA has a grant from the Pennsylvania Commission on Crime and Delinquency to bring a greater emphasis on forensics. The grant will help police departments be better equipped and trained to process crime scenes and collect evidence.

This project supports improving the quality and frequency of collected latent evidence from crime scenes across the Commonwealth. Through a sustained effort of training, equipment, and agency executive support, a collaborative enterprise can be substantiated to educate and equip larger police departments, District Attorney Offices, Sheriff Offices, and/or regional partnerships (for the smaller agencies) to employ the latest discovery, collection, preservation, and

VMD is the physical process of coating evidence with very a thin metal film under high vacuum. Gold, Zinc, Silver, Tin, Aluminum, and some alloys are used to coat the substrate. The result is a reversed developed latent print. Since the process coats the substrate and not the latent print, it does not interfere with the collection of samples being submitted for DNA analysis. development tools for processing latent evidence.

The forensic project will be highlighted at our PCPA/JNET user meeting at State College on December 5, 2019.

Much like we did last year at our June 2018 meeting will have vendor displays with the latest and greatest in crime scene and forensic technology.

This is a follow up project to the work PCCD did to provide the new technology of Vacuum Metal Deposition (VMD).

28

Vacuum Metal Deposition came to Pennsylvania thanks to several grants from the Pennsylvania Commission on Crime and Delinquency. VMD was demonstrated last year at both PCCD and the PCPA June 2018 technology users conference in State College.

VMD is the physical process of coating evidence with very a thin metal film under high vacuum. Gold, Zinc, Silver, Tin, Aluminum, and some alloys are used to coat the substrate.

The result is a reversed developed latent print. Since the process coats the substrate and not the latent print, it does not interfere with the collection of samples being submitted for DNA analysis. Vacuum Metal Deposition is an optimal technique for a wide range of exhibits, including flexible plastic packaging, plastic bottles, glass, fabrics, firearms, glossy paper, thermal paper, polymer & currency development, especially items that

TECHNOLOGY UPDATE

In all the United State there are only fourteen VMD systems. Now, through the recent PCCD Justice Assistance Grants, two system are in Pennsylvania. Berks and Cumberland Counties are deploying this technology. On May 14, 2019, the Cumberland County District Attorney, Skip Ebert, Cumberland County Director of Criminal Justice Services, Eric Radnovich and the staff of the Cumberland County Forensic Services demonstrated the VMD system to the public and the media. Carol McCandless, the lead forensic investigator for Cumberland County’s forensic service showed how a pillowcase from a pillow held over a victim’s face could be processed to reveal the victim’s face on one side and the suspect’s handprints on the other side.

Over the last three years, PCPA has been administering grant funds and assisting the Cumberland County in their process of getting the District Attorney’s Forensic Laboratory fully accredited. The Cumberland County Forensic Lab is expected to be fully accredited in the fall.

PCPA helps with their DNA collection and identification project. The use of VMD now helps that project, because it not only finds impressions, but it directs the forensic investigator to the most likely place to find touch DNA. Since the process does not destroy

or disrupt the evidence, DNA can still be collected.

This technology is not just useful for new cases but is being used on cold cases where there is evidence that could not be previously tested. According to Carol McCandless, the lab has already received several old cases from 1983 and 1995.

This is also the way we help ensure conviction integrity, reduce identification errors and help decrease the trauma suffered by victims. Forensic identification takes away the trauma and burden of witness identification, while adding focus to the investigation and prosecution.

that don’t have other identification.

In some cases, wanted persons were discovered in others new crimes were both identified and prevented. While the grant funding is gone, there are still a few refurbished devices available for just the annual operating cost of $990. That provides the device, full system/device maintenance and one year of secure cellular service. Once our supply of these are gone, new systems are $2500 each. Any department interested can see the requirements on our web page or contact me by email cjbraun@pachiefs. org.

PAVTN

MOBILE FINGERPRINT IDENTIFICATION DEVICES

The PCPA Mobile Fingerprint Identification Project is now in its second year of operation. Soon there will be over 300 mobile fingerprint identification devices deployed across the Commonwealth. Hundreds of uses proved the effectiveness of these devices identifying suspects in the field

As we pass the midpoint of 2019, it is time to remind all the procrastinators to complete their required MPOETC training. For 2019, Legal Updates, 19001 is required along with nine elective credits. The PAVTN provides several great electives for you to fulfill your certification requirements. For more information or to register for training on the PAVTN please email me at cjbraun@comcast.net.

The PCPA Mobile Fingerprint Identification Project is now in its second year of operation. Soon there will be over 300 mobile fingerprint identification devices deployed across the Commonwealth. Hundreds of uses proved the effectiveness of these devices identifying suspects in the field that don’t have other identification. In some cases, wanted persons were discovered in others new crimes were both identified and prevented. While the grant funding is gone, there are still a few refurbished devices available for just the annual operating cost of $990.

29

SUMMER 2019 BULLETIN

have been exposed to harsh and adverse environmental conditions. It is about 5 times more effective than Cyanoacrylate fuming, producing a greater amount of ridge detail.

JOIN US

PA CHIEFS OF POLICE ASSOCIATION

at the Lovely Seven Springs Mountain Resort in Seven Springs, PA Next Year

July 12 to July 15, 2020

SAVE THE DATE 30

P E N N S Y LV A N I A CHIEFS OF POLICE ASSOCIATION

APPLICATION TYPE:

APPLY ONLINE!

oA ctive Membership $150 per year plus $100 Initiation Fee ($250 to accompany application) oA ffiliate Membership $150 per year plus $100 Initiation Fee ($250 to accompany application)

3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | www.pachiefs.org ¨ CHECK HERE FOR A MAILED COPY OF THE BULLETIN...$25 PER YEAR Please type or print clearly.

APPLICANT INFORMATION

RECOMMENDING MEMBER

Full Name of Employer_______________________________

Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.

Office Address _____________________________________

Recommending Member Name and Title:

________________________________________________

________________________________________________

Name____________________________________________ Rank ___________________________ Date of Appt_______

________________________________________________ County _____________________ Phone ________________

Department Name and Phone Number: ________________________________________________

Fax ___________________ Email _____________________

APPLICANT DEPARTMENT INFORMATION

Are you a sworn police officer? Y or N

Provide the number of sworn police officers in your department

Full time police officer in above department? Y or N

Full time ___________ Part time __________

MPOETC # ________________________________________ If not applicable, please explain why MPOETC number is not

If industry, number of security officers under applicant’s command ___________

present ___________________________________________

If other, state nature of business in relation to law enforcement

________________________________________________

________________________________________________

Residence Address _________________________________

________________________________________________

________________________________________________

________________________________________________

________________________________________________ County ____________________ Region ________________ Date of Birth _______________ Phone _________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N

If yes, explain on a separate sheet of paper and attach to application form.

Signature of Applicant: ______________________________________________________

MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date _______________________

MEMBERSHIP QUALIFICATIONS

Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at www.pachiefs.org.

The many changes taking place in the RMS market can cause uncertainty about the future of your current RMS. With so much at stake, you need a provider you can trust, with technology and a support team you can rely on.

CODY Systems is a PA company with 40+ years of consistent family leadership.

We are large enough to serve you, yet small enough to know your name.

•

Reliability: We support 165+ agencies in PA alone, many with us for 20+ years

•

Support: Talk with a LIVE person 24/7/365. No menu systems. No voicemail.

•

Technology: Innovative solutions delivered with old school customer service

•

Information-sharing: statewide data-sharing initiative, PA SuperCOBRA

We welcome the opportunity to discuss how your agency can cost effectively, seamlessly and thoroughly transition your data and RMS to join the CODY family of agencies across Pennsylvania, and take part in our growing statewide datasharing initiative – PA SuperCOBRA.

Frances N. Heffner – President / Owner

David N. Heffner – Executive VP / Owner

“We sought out an RMS partner who could help us build interfaces with other agency technology.

CODY Systems built an interface for our citations and crash software to help us prevent duplication of efforts. The staff at CODY are continually working with us to increase our productivity and efficiency. We recently became the first agency in Allegheny County to join the COBRA data-sharing network to share vital investigative information."

– Chief Ken Truver, Castle Shannon PD

PROUD SPONSORS

610.326.7476 | info@codysystems.com

www.codysystems.com