Barbour v. Municipal Police Officers' Education & Training Commission

52 A.3d 392
CourtCommonwealth Court of Pennsylvania
DecidedJuly 5, 2012
StatusPublished
Cited by2 cases

This text of 52 A.3d 392 (Barbour v. Municipal Police Officers' Education & Training Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barbour v. Municipal Police Officers' Education & Training Commission, 52 A.3d 392 (Pa. Ct. App. 2012).

Opinion

[394]*394OPINION BY

Judge LEADBETTER.

In these- twelve related appeals, police officers employed by several municipalities in Delaware County (collectively, Petitioners) challenge the final orders of the Municipal Police Officers’ Education and Training Commission (Commission) revoking their police officers’ certifications for cheating on the annual mandatory in-service training course examinations. Petitioners argue that the Commission exceeded its authority under Section 2164 of the Act, commonly referred to as the Municipal Police Education and Training Act, as amended, 53 Pa.C.S. § 2164, in adopting the regulations which permit the Commission to revoke a police officer’s certification for cheating. Petitioners further argue that the Commission’s decisions were arbitrary and capricious and constituted an abuse of its discretion. We reject Petitioners’ arguments and affirm the Commission’s orders.1

I.

The Commission2 is responsible for establishing a municipal police officers’ education and training program, which is administered by the Pennsylvania State Police. Section 2161(a) of the Act, 53 Pa.C.S. § 2161(a). The Commission’s powers and duties, enumerated by the Act, include the following:

(1) To establish and administer the minimum courses of study for basic and in-service training for police officers and to revoke an officer’s certification when an officer fails to comply with the basic and in-service training requirements [3 ] or is convicted of a criminal offense or the commission determines that the officer is physically or mentally unfit to perform the duties of his office.
(6) To require every police officer to attend a minimum number of hours of [395]*395in-service training as provided for by regulation....
(14) To make such rules and regulations and to perform such other duties as may be reasonably necessary or appropriate to implement the education and training program for police officers.

Section 2164(1), (6) and (14) of the Act (emphasis and footnote added).

The regulations promulgated by the Commission require municipal police officers to comply with the annual mandatory in-service training requirements: (1) “[c]ontinuous” in-service requirements, consisting of annual qualifications on firearms and other weapons and maintenance of a first aid and CPR certification, and (2) “[ajcademic” in-service requirements, consisting of at least 12 hours of annual academic training requirements. 37 Pa.Code § 203.52(b)(1) and (2). Successful completion of the annual academic in-service requirements is determined only by examinations provided by the Commission and administered by course instructors at the end of each training course. 37 Pa. Code § 203.52(c)(6). A police officer who fails to receive a minimum passing score determined by the Commission is given an opportunity to review the course and take an oral reexamination with different questions. 37 Pa.Code § 203.52(c)(7). An individual who is currently employed as a police officer and fails both the initial examination and the reexamination is permitted to participate in another course offering and examinations. Id.

The Commission also adopted a policy on cheating in 37 Pa.Code § 203.54(a), which provides:

The contents of all examinations are confidential. An individual may not cheat or tamper in any manner with an official examination either conducted or sponsored by the Commission by obtaining, furnishing, accepting, or attempting to obtain, furnish or accept answers or questions to examinations, or portions thereof. Individuals may not copy, photograph or otherwise remove examination contents; nor may they use any misrepresentation or dishonest method while preparing, administering or participating in examinations. Unauthorized possession of a test, examination, quiz or ... questions, answers or answer keys relating to a test, examination or quiz shall constitute cheating. An individual violating this section shall be barred from further participation in any Commission-required training and ineligible for certification. Individuals will receive notice and have an opportunity to be heard under Subchapter G (relating to notice and hearings). [Emphasis added.]

The Commission “maintains the right to revoke certification after notice and an opportunity to be heard” for, inter alia, “[fjailure to successfully complete annual mandatory in-service training” and “[cjheating.” 37 Pa.Code § 203.14(a)(4) and (9).

II.

In separate letters dated June 30, 2009, the Commission’s executive director, John M. Gallaher, informed Petitioners and the three other officers involved in the related appeals, Timothy Hannigan, Jonathan Freeman and Sean P. Gallagher, that he was proposing to revoke their police officers’ certifications for cause and that they had a right to request a hearing within 15 days. Gallaher stated that he possessed facts which led him to believe that they (1) failed to successfully complete the 2009 mandatory academic in-service training requirements and (2) cheated during the academic training course examinations by possessing and/or furnishing answers to [396]*396the examinations. The Commission thereafter appointed a hearing officer who held hearings on the proposed revocations on November 2, 4 and 12 and December 4 and 10, 2009. After the hearings, the hearing officer granted the Commission’s motion to adopt a master record, consisting of the testimony of the Commission’s witnesses presented at the November 2, 2009 hearing for Petitioner Irey and its exhibits M-l through M-31, which would be considered in all of the 15 related cases. The hearing officer also permitted the Commission to supplement the record to include copies of Gallaher’s June 30, 2009 letters (Exhibits M-32 through M-46).

The evidence presented by the Commission reveals the following circumstances leading to the cheating allegations against Petitioners. The Commission prepares three versions of examinations for each academic in-service training course: (1) Test 1, also referred to and interchangeable with Test A, to be administered following each training course; (2) Test 2 or Test B, a retest for officers who fail Test 1; and (3) Test 3 or Test C, to be administered to officers who fail both Test 1 and Test 2 and must re-take the course. Before scheduled examinations, the Commission sends twenty-one police academies a compact disc containing three versions of tests and answer keys. The police academy directors then reproduce hard copies of the tests and answer keys from the compact disc. Each test consists of ten multiple-choice questions with a possible answer of A, B, C or D for each question. Jamie Vaughn, an office assistant at the police academy at the Delaware County Community College (Delaware County police academy), testified that she usually labeled each test as Test 1, 2 and 3 or Test A, B and C, depending on how the Commission labeled it, inserted page numbers on top of each test page and gave course instructors approximately 35 copies of Test 1 and 10 copies of Test 2 for each training course examination.

Before administering an examination, a course instructor must inform the class of the Commission’s cheating policy as stated in 37 Pa.Code § 203.54(a). 37 Pa.Code § 203.54(c).

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Bluebook (online)
52 A.3d 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbour-v-municipal-police-officers-education-training-commission-pacommwct-2012.