In Re: Application of John Clader

135 A.3d 1062, 2016 Pa. Super. 49, 2016 Pa. Super. LEXIS 124, 2016 WL 769438
Superior Court of Pennsylvania·Decided February 24, 2016·No. 2094 EDA 2014·Published·Cited by 3 cases

Opinions

OPINION BY GANTMAN, P.J.:

Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Pike County Court of Common Pleas, which granted the petition of Appellee, John P. Clader, trading as LT Investigations, for a private detective license, with certain restrictions, pursuant to the Private Detective Act of 1953, 22 P.S. § 11 et seq. We reverse.

The relevant facts and procedural history of this case are as follows. On June 27, 2013, Mr. Clader was appointed as a school police officer for the Wallenpaupack Area School District. Under this appointment, the court authorized Mr. Clader to possess and execute all powers and duties described in 24 P.S. § 7-778(c)(1-3) (discussing powers and duties of appointed school police officers). Mr. Clader’s current title is the Director of School Security for the Wallenpaupack Area School District. The school district employs three full-time and two part-time school police officers. Prior to his appointment as the Director of School Security, Mr. Clader worked for more than twenty-five years as a Pennsylvania State Police officer, in varying roles.

The “ultimate goal” of the Wallenpau-pack Area School District’s School Resource Officer Program is to “deter students from involvement in criminal acts, alcohol and drug use, theft, violence, gang activity and other forms of socially unacceptable behavior.” (Petitioner’s Exhibit 1, Hearing June 3, 2014, at 1). The objectives of the program include, but are not limited to, investigating and documenting any violation of law and making arrests for summary offenses; and detaining students who violate any law that constitutes a misdemeanor or felony. (Id.) During his employment as a school police officer, Mr. Clader has issued citations for summary offenses which took place on school property and has participated in six or seven investigations for misdemeanor or felony violations. Mr. Clader has not made arrests for any misdemeanor or felony offenses; Mr. Clader turned those cases over to the state police and assisted with their investigation.

In his current role as Director of School Security, Mr. Clader obtained on September 30, 2013, an Originating Agency Identifier (“ORI”) assignment number from the International Justice and Public Safety Information Sharing Network. The ORI assignment number permits Mr. Clader to access driver’s license, registration, and “hot file” (stolen vehicle) information but prohibits Mr. Clader from accessing criminal history information (which is restricted to criminal justice/law enforcement). Mr. Clader uses the ORI assignment number to file non-traffic citations or other documents with the district justice courts. Notably, the ORI assignment number allows Mr. Clader to access the Commonwealth Law Enforcement Assistance Network (“CLEAN”), accessible only by duly authorized agencies. Upon informing Mr. Clader about his acquisition of an ORI assignment number, the Pennsylvania State Police stressed to Mr. Clader the importance of his access to CLEAN, as follows:

It is important that all persons using the Commonwealth Law Enforcement Assistance Network (CLEAN) realize CLEAN by definition is a system to be only utilized for the administration of criminal justice or your required duties. The data transmitted by the CLEAN system is documented criminal justice information, and access to that informa[1064] tion is restricted to duly authorized agencies. Please inform all persons employed by your agency, the information obtained from CLEAN for unauthorized purpose[s], or the release-of any information to unauthorized persons, is a -violation of CLEAN system security regulations. Such conduct could place your agency and/or the employee in jeopardy of being held civilly liable. Additionally, violation of CLEAN security could jeopardize your agency’s, access and could cause the suspension or revocation of future CLEAN access to the responsible employee. In certain circumstances, dissemination of some types of information via CLEAN, can be a violation of law.

(Petitioner’s Exhibit 2, Hearing June 3, 2014, at 1).

On. January 23, 2014, Mr. Clader filed a petition in the.trial court for a private detective license. The Commonwealth filed an answer, opposing Mr. Clader’s petition on February 11, 2014. . The Commonwealth alleged that the issuance of a private detective license to Mr. Clader, who possesses law enforcement powers, creates the potential for abuse and poses a conflict of interest. The court held a hearing on the petition on June 3, 2014. On June 26, 2014, the court granted Mr. Clad-er’s request for a private detective license subject to the following restrictions:

This Certificate of License is also issued subject to the limitation that [Mr. Clad-er], who has previously been appointed as a school police officer for -the Wallen-paupack Area School District, shall not engage in any private detective business, as defined under the Act, in any matter involving school administrators, teachers, employees, officials, parents or students of the Wallenpaupack Area School District without prior written approval of the [c]ourt and notice thereof to the Pike County District Attorney.

(Order, filed June 26,2014, at 2).

The Commonwealth timely filed a notice of appeal on July 24, 2014. On July 28, 2014, the court ordered the Commonwealth to file a concise statement of errors complained of on appeal pursuant to Pa. R.A.P.1925(b), which the Commonwealth timely filed on August 8, 2014. On April 20, 2015, a panel of this Court affirmed the trial court order, with one dissent. On May 4, 2015, the Commonwealth filed an application for reconsideration or en banc reargument; and this Court granted en banc review.

The Commonwealth raises two issues for our review:

WHETHER THE [TRIAL] COURT COMMITTED AN ERROR WHEN GRANTING THE APPLICANT A PRIVATE DETECTIVE LICENSE PURSUANT TO THE PRIVATE DETECTIVE ACT, 22 P.S. SECTION 11 ET SEQ„ WHEN [THE] APPLICANT IS AN APPOINTED POLICE OFFICER WITH LAW ENFORCEMENT POWERS?
WHETHER THE [TRIAL] COURT COMMITTED AN ERROR WHEN GRANTING THE APPLICANT' A PRIVATE DETECTIVE LICENSE PURSUANT TO THE PRIVATE DETECTIVE ACT, 22 P.S. SECTION .il ETSÉQ., WHICH IMPOSES LIMITATIONS UPON THE APPLICANT’S BUSINESS BASED UPON HIS EMPLOYMENT AS AN APPOINTED POLICE OFFICER, WITHOUT STATUTORY AUTHORITY?

(Commonwealth’s Brief at 8).

For purposes of disposition, we combine the Commonwealth’s issues. The Commonwealth explains that under the Private Detective Act of 1953, Common Pleas courts [1065] in Pennsylvania are empowered to appoint persons of competence and integrity as private detectives. The ■ Commonwealth argues that law enforcement officers, corrections officers, probation officers, and elected constables cannot simultaneously hold a license as a private detective as a matter of public policy. The Commonwealth contends the public policy underlying these court decisions is that, if granted a private detective license, persons holding public office or possessing statutorily enumerated powers and duties for the benefit of the public might use that authority for the benefit of private persons.

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In Re: Application of John Clader, 135 A.3d 1062, 2016 Pa. Super. 49, 2016 Pa. Super. LEXIS 124, 2016 WL 769438 (Pa. Ct. App. 2016).

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