Klischer v. Conyngham Township

47 Pa. D. & C.4th 413, 2000 Pa. Dist. & Cnty. Dec. LEXIS 181
CourtPennsylvania Court of Common Pleas, Columbia County
DecidedApril 28, 2000
Docketno. 1494-1999
StatusPublished

This text of 47 Pa. D. & C.4th 413 (Klischer v. Conyngham Township) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Columbia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klischer v. Conyngham Township, 47 Pa. D. & C.4th 413, 2000 Pa. Dist. & Cnty. Dec. LEXIS 181 (Pa. Super. Ct. 2000).

Opinion

JAMES JR., J.,

Petitioner, George Klischer, was employed by respondent as a full-time police officer from 1990 until April 12, 1999, when respondent terminated him. From August 4, 1997, until the time of his termination, petitioner was disabled from performing his police duties, and he was receiving work-related disability benefits pursuant to the Pennsylvania Heart and Lung Act (53 P.S. §637) and pursuant to the Pennsylvania Workers’ Compensation Act (77 P.S. §1 et seq.). During 1998 there was continuing litigation and controversy concerning these benefits. At one point, respondent had “inappropriately” stopped petitioner’s medical benefits, but reinstated them after petitioner’s counsel intervened.

Sometime between July and October 1998, Township Supervisor Reichwein verbally asked petitioner to return township property in petitioner’s possession or control. There was no list of specific or general items requested.

[415]*415By letter dated November 27, 1998, respondent requested that petitioner “return all township property,” specifically mentioning “police coats and badges” and “post box key.” No other specific items were mentioned. The letter further stated that if “township property is not returned by December 1,1998 discipline action will occur.” [sic] Petitioner gave this letter to his attorneys, Sean Welby, Esquire, and Hugh A. Jones, Esquire. Attorney Welby sent a letter dated December 1, 1998, to respondent. This letter said, “I received a call from Chief Klischer this morning advising that he has been directed to return all township property to the board of supervisors. Chief Klischer advises that he received this correspondence today with a deadline to return such equipment to the township on this date or face disciplinary action. The purpose of this correspondence is to inquire as to exactly what equipment the township wishes Chief Klischer to return to it. If such equipment includes his badge and identification card, I must inquiry [sic] as to whether the township is terminating his employment.” Respondent never responded.

Attorney Jones sent a letter to respondent dated December 21, 1998, which addressed the health insurance issue and further said, “I assume the other items mentioned in your letter have already been dealt with.” Respondent never responded.

However, respondent sent petitioner another letter dated December 23,1998, which again requested return of “township property” and specifically mentioned the “police coats and badges” and the “post box key.” No other specific items were mentioned. The December letter further stated: “Under section 300 of the police department rules and regulations sub-section 1 (refusal to [416]*416obey a reasonable order of a board member). By this correspondence you are notified that this serves as a verbal warning for noncompliance to this rule. You have until January 4,1999, to comply with this request or face more discipline action.” [sic] The township secretary was directed to send the letter by certified mail. It was sent by regular mail. Petitioner disputed receiving this letter.

By letter to petitioner dated April 12, 1999, respondent said: “Over the last several months the Conyngham Township Supervisors have made several requests that you return all township property. Because of lack of your cooperation, you leave Conyngham Township Supervisors with no other option. In accordance with the Conyngham Township Police Department Rules and Regulations section 300 sub-section 1 you are hereby terminated as Conyngham Township police officer.” [sic]

Petitioner was never disciplined for the verbal request of approximately October 1998. Respondent did nothing to record, indicate, decide, or communicate that this incident was an “offense” under section 300 sub-section 1 or under any other rule or law.

Petitioner was never disciplined for the written request of November 27,1998. Respondent did nothing to record, indicate, decide, or communicate that this incident was an “offense” under section 300 sub-section 1 or under any other rule or law.

By letter of December 23,1998, respondent first indicated that there was some discipline imposed, but that the discipline was a “verbal warning.” Respondent did nothing to record, indicate, decide, or communicate that this incident was an “offense” under section 300 subsection 1 or under any other rule or law.

[417]*417Petitioner demanded and was granted a hearing before an arbitrator under the “Police Tenure Act,” 53 P.S. §811 et seq. The hearing was held on July 6, 1999. The arbitrator rendered his findings of fact and conclusions of law on October 10,1999. The determination was that “the township had cause to terminate the employment of Klischer. All requirements of the police rules and regulations were followed concerning notice and steps of discipline. The township’s decision to terminate will not be disturbed.”

Petitioner appealed this determination to this court pursuant to 2 Pa.C.S. §752. When a full and complete record is made of the proceeding before the local agency, the common pleas court shall hear the appeal without a jury and based on the certified record of the agency. “After hearing the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with the law, or that the provisions of subchapter B of chapter 5 (relating to practice and procedure of local agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence.” 2 Pa.C.S. §754.

A regular full-time police officer in a second class township, such as Conyngham Township, may be removed for various reasons, including “disobedience of orders.” Procedurally, “a written statement of any charges made against any person so employed shall be furnished to such person within five days after the same are filed.” 53 P.S. §812. Conyngham Township Police Department Rules and Regulations supplement the statutory procedure set forth in the Police Tenure Act. A township may [418]*418wish to offer greater protection to its employees than the statutes of the Commonwealth normally provide. When the township supervisors exercise their authority over township police officers, they are bound by their own rules. Penuel v. Uwchlan Township Police Commission, 40 Pa. Commw. 512, 514, 397 A.2d 865, 867 (1979).

Although the “police rules” indicate that “the following list of penalties is intended to serve as a guide for, and is not intended to be construed as binding, as to recommendations of the board,” the “police rules” set forth various standards and procedural policies under the heading “discipline policy,” e.g.:

“B... . therefore, all allegations of wrongdoing must be documented or otherwise capable of being shown to have been based on reasonable belief.... It is expected that the board will exercise its responsibility in processing disciplinary cases promptly....

“C. Rights of members of the department: A member accused of violating any department regulations shall be fully informed of the nature of the allegations and the name of the person making the accusation in writing by the board.

“D. Internal investigation: . ..

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Related

Guthrie v. Borough of Wilkinsburg
478 A.2d 1279 (Supreme Court of Pennsylvania, 1984)
Lewis v. School District of Philadelphia
690 A.2d 814 (Commonwealth Court of Pennsylvania, 1997)
Penuel v. Uwchlan Township Police Commission
397 A.2d 865 (Commonwealth Court of Pennsylvania, 1979)

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Bluebook (online)
47 Pa. D. & C.4th 413, 2000 Pa. Dist. & Cnty. Dec. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klischer-v-conyngham-township-pactcomplcolumb-2000.