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HomeMy WebLinkAbout97-03945 '(' l' o q/ o ~ ~ ~ o ~ ~ "i"\ 't~ L t: i / " ,"~' ~;'"' - r' " \ I; I .i< \ \wi. r 6. Denied. The al1egation~ uf this paragraph reler tu a writing which speaks fur itself. By way uf further response. the Borough avers that the requirement that Bock attend an anger managemenl coursc was rescinded. 7. Denied. The Meeh'micshurg Burough Council allirmed the disciplinary action after an executive scssion which Bock and his attorney attended. 8. Admitted in part: denied in part. The Borough admits only that the Mayor issued a written specification of charges to Bock on or about March 13. 1997. The Borough, however. denies the inference that this was the lirst timc that the Mayor advi~-d Bock of the charges against him. Answering further. the Borough avers that by letter dated September 5. 1996. the Mayor advised Bock that he was being suspended for three days lor his conduct on August 20.1996 involving Jason LeBlanc. A copy of this letter is attached hereto as Exhibit A. 9. Admitted. 10. Denied. The allegations ofthis paragraph refer to a writing which speaks for itself. 11-20. Denied as constituting conclusions of law to which no further response is required by the Pennsylvania Rules ofCi\'il Procedure. To the extent that a response is required. the allegations set forth in Paragraphs 11-20 of the Petition are denied specilically. oW): . ~",. I 2 ... :>- (~ ..:1 . , C. .."'... tL t.,- l. ().. , . l4( t, " [,.. , , ;"1 lc ,- t 0" C) 3, Respondent, Civil Service Commission of the Borough of Mechanicsburg, is a local administ~ative agency as that term is delined by the provisions of the Local Agency law, organized and existing pursuant to the provisions of the Borough Code. II. JURSIDICTION 4. The Court of Common Pleas of Cumberland County, I}ennsylvania, has appellate jurisdiction o\'er this mailer as an a~-al from the final order of a local agency pursuant to 2 Pa. C.S. * 752 and 42 Pa. C.S. * 933 III FACTS 5. Petitioner was hired as a police officer by Respondent Borough punuantto the civil service provisions of the Borough Code. 6. On or about September 5, 1996, Petitioner Bock was notified by the mayor that he would be suspended from duty for three days \\ ithout pay and would he requin.-d 10 attend an anb't:r management course because of his involvement in an allercalilm WIth prisoner l.eBlanc. 7. The Mechanicsburg Cily' Council al1irm~-d the disciplinary action after an executive session which Petitioner Bock and his Allorncy allcl1lk.-d 8. A wrillen sJX'\:ilicalion IJf charl,'CS was iss\l\.'\J by the maYllr tlll}elitioncr Bock on March 13. 1997, ~ 9. Petitioner Bock filed a timely appeal regarding his suspension to the Civil Service Commission of the Borough of Mechanicsburg. 10. On July 8, 1997, Respondent Civil Service Commission ISSUed findings of fact. Conclusions of Law. and Order. affinning the action of the Borough Council in suspending Petitioner. II. The Order of Respondent Civil Service Commission must be reversed because the Civil Service Commission committed an error of law and abused its discretion by ignoring the Use of Foree Policy of the police department in reaching its decision. 12. The Order of Respondent Civil Service Commission must be reversed because the Civil Service Commission committ~'Ii an error of law and abused its discretion by affinning the suspension of Petitioner Bock when the Bmough did not mcetthe burden of proof regarding whether there \\'llS not provocation and just cause for Petitioner Bock' s actions. 13. The Order of Respondent Civil Service Commission must be reversed because the Civil Sen'ice Commission committed an error of law and abused its discretion in affinningthe imposition of an arbitmry and discriminatory penalty. 14, The Order of Respondent Ci\il Senice Commission must be reversed because the Civil Service Commission committed an error of law and abused its discretion by relying upon Section 306 of the Rules and Regulations in reaching its lk.'Cision despite the fact that Petitioner Bock had not been charl,'I.'\I with acting in a discourt.:tlus manner ron.~istent with a &.'ction 306 violatitm .3 f S. The Order of Respondent Civil Scn'ice Commission must be reversed because the Civil Serviec Commission commined an error of law and abused its discretion through capricious disregard of uncontroverted evidence that Petitioner Buck appropriately responded with self defense to gain control of the situation when his Police oOicer Safety Zone had been invaded by Prisoner LeBlanc. 16. The Order of Respondent Civil Service Commission must be rewrsed because the Civil Service Commission commilled an error of law and abused its discretion through capricious disregard of uncontroverted ignoring evidence that Petitioncr Buck appropriately complied with the Continuum of Force. 17. The Order of Respondent Civil SC.... ice Commission must be reversed because the Civil Sen'ice Commission commilled an error of law and abused its discretion through capricious disregard of uncontroverted evidence that the prisoner had never released his hold of Petitioner Bock, and Petitioner Bock had an obligation to use force until he had the prisoner under control 18. The Order of Respondent Civil SC....ice Commis.\ion must be reversed because lhe Civil Sen'ice Commission commill~'d an error of law and abused its discretion Ihrough capricious disregard of uncontroverted evidence that Prisoner LeBlanc had a history of v'iolence, had been acting viok'lltly in the holding cell. and had be\:n verbally threatening Petitioner Bock i mmcd.'tely prior to the ph~'SlcaI altercation, .. ..... ('~ ~.~ ~ .. " ~Q - ( , ~;"; ..... - , ~ . ." ftC' ,-... ~'" u- " ".J t..' ,''' ". t. " I;': L;"l' -~ ">J .-'..,. . t;j U:i r:: 1:l. F -, I!, ,... :.) 0 ." (.) .c .... a~ ~ti i! ~ ~ ~ t1 E-<8 ~ ell Cl\ ~I : ;~ ~ ~ 104 GJ C o "" 4J "" 4J GJ ..0. " ~ I Z o .... t .c 04 !: .... u . r::l s . ~ .. = ~ I ~ 112tio GJ U....lll 'I:l s....a=c8. 112E-<!: 04llklllllC ....0112 llk~~~ ii~s ~!I~ ~ H B ~ E~~ & u J Ii ~ ~~ ~ ~ .. 8 .. << "'l:i i ~w ! o:EB~ .. z Z 11 - " Z ..~U a"o~ ~3"i <<Ot .. 0: _ II .... z << :t lil J ~s S .. III I/) . ~ ~ III I/) '0 u... a... ""I I/) ~ w~ i ea ..a= ! ~:::: ~ht o g; ... I/) II ~ .. .... ~ ~ 0 ... S ~ ~~~I ~ .1/) ~ ... ~2 r ..>... ..~~ a ! ~ l!:~ Ogj'!' ~ &: ... i I I/) ~ ~ ~ " ~ N W z ... = . Ill> . % i'" 0 ~ ! u . . '.1.\h,. ", .i ',,\..' ...., II' Jason LeBlanc, from the Cumberland County Prison to the Mechanicsburg Police Station for processing. LeBlanc had been arrested the previous evening by another officer for allegedly assaulting two individuals. 2. During thb ride to the Police Station, LeBlanc was hostile to Bock and taunted him with sexual innuendos, accusing Bock of homosexual activity with Det. Marc Bradley and inviting Bock to have oral intercourse with him (LeBlanc). Bock responded in kind, threatening to cut off LeBlanc's dick and shove it down his throat. 3. The prisoner was placed in the holding cell at the Police Station. During transportation and while in the holding cell, LeBlanc was handcuffed with his hands in front, attached to a belt around his waist. 4. While in the holding cell, LeBlanc became loud and boisterous, uttering profanity, kicking the bars and the cell door, demanding to know why he was there and demanding to be processed so that he could be returned to the Prison in time for dinner. 5. Because Bock was then on the telephone, Ptlmn. Margaret Myers offered to begin the processing. She brought LeBlanc from the holding cell to the processing room, still handcuffed, where she photographed him. At Bock's request. she also photographed numerous tatoos on LeBlanc's body, which required the removal of the handcuffs and LeBlanc's shirt. The removal of LeBlanc's shirt revealed a scar on his left shoulder from recent surgery. While -2- ,... en .. (1": j. ;-t: tl'() ~:.= ( ", -"'-( It.. fl.j (.i, , ' C ,~ ~}; I -' ~" c.... i' -' ..... IL ,.... :!~) U C' U .c ... ~~ ~ .. ~>o w . = c: ~ 8 "II) Cl Cl Cl Cl :: ~& c: ~ 8 'tI . 0 c: wt i ool 1ll~1Il ~r ~ lilt ~ ~ ... ool fl...2 III ! :l ~ ..Iii~~ o . > ~ ~ I~~.;~ ~ ~ "'ZNZ ~i ... Cl Ii! - " z U Ilt ~~ Cfi"' II)folll ~ w2 .. 0 !~ 19"'o~ foB III . ~"lll ~ 3 .. i .. ~ '" "'011) III ~ i > U c.. .. .. ~ \! oe t"'l ... ......... .... z ~~ ~ oUSI . I % . . lCClII) l;\ l"- e III Cl~1I) 2 ~ ~ > 8 ~ 191 ... a . > 1Il'tl ~B lil ... 2= ~ U EARL D. BOCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioner vs. No. 97 " 3945 civil BOROUGH OF MECHANICSBURG, and the CIVIL SERVICE COMMISSION OF THE BOROUGH OF MECHANICSBURG, Respondent CIVIL ACTION - LAW ANSWER AND NOW comes the Respondent MECHANICSBURG CIVIL SERVICE COMMISSION, by its attorney, Marlin R. McCaleb, Esquire, with the following Answer to the Petition for Review filed herein. I. PARTIES 1. Admitted. 2. Admitted. 3. Admitted. II. JURISDICTION 4. Admitted. III. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 1. Admitted. 10. Admitted. 11. The averments PACTS of Paragraph 11 set forth only legal conclusions to which no responsive pleading is required. 12. The averments of Paragraph 12 set forth only legal '_~ .\1< ,,~.. '.' ,\, I " " .' . conclusions to which no responsive pleading is required. 13. The averments of Paragraph 13 set forth only legal ,I 0,"'" ." ..!' "ii' MR. HANLON: The meeting will come to order. MR. MCCALEB: Mr. Chairman, this is the time and the place set fOl' a Hearing in the matter of the Appeal of Ptlmn. Earl Bock and specifically for the Civil Service Commission to render its decision in this matter. Mr. Chairman. it would now be appropriate for you to entertain any motions in the matter. MR. HANLON: Are there any motions? MR. DIEHL: I have a motion. For the foregoing reasono, the Appeal of Ptlmn. Earl D. Bock is denied and his suspension for three days without pay is affirmed. MR. STARR: Second MR. HANLON: You second? MR. STARR: I second the motion. MR. HANLON: Any discussion? It is unanimous. MR. MCCALEB: No. you must vote. Those in favor of the motion signify by saying "aye". MR. DIEHL: Aye. MR. STARR: Aye. MR. HANLON: Aye. MR. MCCALEB: Any opposed? (None) MR. MCCALEB: ptlmn. Bock, you heard the Decision of the Civil Service Commission and [clock chime~J ... excuse me you have heard the Decision of the Zoning Hearing Board -2- 97-3945 CIVIL TERM Commission issued a decision on July 8, 1997, upholding the thr~ay suspension. Bock then filed an appeal to this court. The case was briefed and argued on December 10, 1997. The Civil SelVice Commission made, inter ll!ii, the following findings of fact. . .. Bock began to fingerprint LeBlanc. This required that LeBlanc stand immediately behind and to the right of Bock as he held LeBlanc's hands and rolled his figures [sic) across the fingerprint cards. During this time, LeBlanc remained loud and boisterous and taunted Bock by threatening to 'take' Bock if he saw him on the street, to shoot him if he (LeBlanc) had a gun, and to kick his ass so that he (Bock) would have to learn to walk, to talk and to chew again and would need reconstructive surgery in order for anyone to recognize him. Bock responded by telling LeBlanc to take his best shot and that he (Bock) would still draw full pay while he was off work recuperating. About halfway through the fingerprinting process, Bock had to stop to re-ink the fingerprinting pad. After re-inking the pad, he tumed to his right to take Leblanc's [sic) hand to continue the fingerprinting and LeBlanc took one or two steps toward him. Bock reacted by hitting LeBlanc in the side of the face with the back of his right hand. LeBlanc grabbed Bock's right wrist with his left hand. As Bock continued to turn toward LeBlanc, LeBlanc grabbed Bock's left wrist with his right hand. Bock then grabbed LeBlanc by the throat with both hands. Before the physical struggle began, PtImn. Myers was reviewing her Photographs, with her back to LeBlanc and Bock. Bock, in a raised voice that sounded stressed, said to LeBlanc: 'You should give me some respect here, do you understand?' Myers then heard a noise that caused her to tum around, at which time she saw the two men struggling with each other. LeBlanc's hands were on Bock's wrists as LeBlanc was pushed back toward the wall with Bock's hands around his throat in a chokehold. They stumbled over a recycle bin and moved toward the doorway. Pltmn. Sharon Agresta was in another room at the Station when she heard the men stumble over the recycle bin. She ran into the processing room and saw LeBlanc with his back against the wall and .2- 97-3945 CIVIL TERM Bock's hands around his throat. LeBlanc held Bock's wrists, but he was not attempting to kick or punch Bock. He had a smirk on his face, his tongue was sticking out and his lace was tuming red. Myers and Agresta shouted to Bock to let go of LeBlanc, to back away, that they were there to help and to take control, and they tried to separate the two men. Myers tapped Bock in the center of his back and tried to pull his right arm away, while Agresta pulled at his left arm and tried to peel his fingers from LeBlanc's throat. When she saw LeBlanc's face tum red, Myers applied a pressure strike to Bock's right arm and he relaxed his grip on LeBlanc's throat, while LeBlanc continued to hold Bock's wrists. The momentum of their struggle carried all three officers and LeBlanc through the doorway and into the hall, where Bock resumed his grip on LeBlanc's throat. He held LeBlanc up against the wall in a chokehold, with his feet off the floor. Myers and Agresta tried to get between Bock and LeBlanc and continued to tell Bock to release his chokehold, that it wasn't worth it, that they could take care of things, that Myers would finish the work. Agresta again tried to pull the fingers on Bock's right hand from LeBlanc's throat and Myers yelled at LeBlanc to let go of Bock. Finally, LeBlanc released his hold on Bock's wrists and Bock released his hold on LeBlanc's throat. Myers pushed LeBlanc back into the processing room, while Agresta blocked the doorway and instructed Bock to contact Chief Whitcomb immediately to report the incident, which he did. The Civil Service Commission concluded: There appears to be no dispute about the fact that on August 20, 1996, LeBlanc directed a large amount of verbal abuse to Bock; that there was an altercation between Bock and LeBlanc; that Bock had LeBlanc in a chokehold; and that ultimately Bock held LeBlanc against the wall with his feet off the floor. The question is why this occurred. Bock contends that he acted in self-defense, that as he tumed to LeBlanc to resume the fingerprinting, LeBlanc took one or two steps toward him in a furtive movement that caused Bock to believe that LeBlanc was coming after him. The problem with this contention is that it does not appear to be supported by the evidence. LeBlanc's movement toward Bock was not necessarily an -3- 97-3945 CIVIL TERM aggressive action, as it is completely consistent with LeBlanc simply resuming his position for fingerprinting. Bock could not remember where LeBlanc's hands were at this moment and it therefore appears that they were not part of any threatening gesture. Something else is necessary to explain why Bock felt that LeBlanc's movement was furtive or aggressive, but Bock did not provide any further explanation and we cannot speculate. In the absence of evidence of aggressive action by LeBlanc, we are unable to verify Bock's conclusion that he was under attack and needed to defend himself. Moreover, Bock admitted guilt twice within ten minutes when he spoke with Chief Whitcomb shortly after the incident. It was not until he was interviewed by Oat. Bradley later that evening that he first raised the issue of self-defense, but without any further details. This delay casts further doubt upon the merits of self-defense. Thus, we conclude that Bock's physlcel attack upon LeBlanc was wIthout legal JustifIcation. ImmedIately before the altercation, Bock was heard demandIng respect from leBlanc. His raised voice and the sounds of stresa Indicate that he was losIng control. His physical attack of leBlanc Immediately followed this statement and, we bellew, was prompted by anger and frustration, not self-defense. That he continued to maintain a chokehold on LeBlanc despite the repeated pleas of Pltmn. Myers and Agresta and their assurances that they had things under control is further evidence that he had lost control of himself. By no means do we condone the behavior of LeBlanc and the verbal abuse directed at Bock, all of which was outrageous. However, a police officer is expected to have a thick skin and to tolerate verbal abuse no matter how much or how bad. Bock erred in the first instance by verbally sparring with LeBlanc, for that only encouraged additional abuse. Before losing control he should have removed himself from the situation and allowed Ptlmn. Myers to finish the processing. Instead, he compounded his initial error by succumbing to his emotions. (Emphasis added.) The admission that Officer Bock made twice to Chief Whitcomb on the same afternoon as the altercation was that, "You might as well suspend me. I did It jacked hIm." (Emphasis added,) -4- 97-3945 CIVIL TERM gl$CUSSION Bock maintains that the Civil Service Commission '[e]rred in concluding that (hll] se"-d.'.nllve conlrontatlon with Prisoner LeBlanc constiMed conduct unbecoming an officer. . ..' (Emphasis added.) He argues that it was not proven that he used excessive force in violation of the Department policy because he '[u]sed the amount of force h. d.t.rmln.d to be n.c....ry to protect himself and gain control of the situation.' (Emphasis added.) The scope of our review is limited in that the decision of the Civil Service Commission must be affirmed unless there was a violation of Bock's constitutional rights, an error of law was committed or findings of fact necessary to uphold the decision are unsupported by substantial evidence. V.ltrl v. City of N.w Kensington, 144 Pa. Commw. 121 (1991). The written specification of charges of the Borough of Mechanicsburg against Bock stated: On August 20, 1996, you were involved in an altercation with a prisoner, Jason LeBlanc, at Mechanicsburg Police Department Our investigation of the incident revealed that you used exceaalve lorc. In violation of Departm.nt policy against Mr. LeBlanc while he was being fingerprinted and photographed. More specifically, you grabbed Mr. leBlanc by the throat In a choke hold and refused to rel.lse him delplt. the lact that Mr. leBlanc was no long.r engaged In any Itruggl. with you. During the course of this altercation, Officers Myers and Agresta became Involved and attempted to physically separate you from Mr. LeBlanc. The altercation then carried from the patrol room into the hallway, at which time you again grabbed Mr. LeBlanc by the throat. Your conduct on Augult 20,1996, constitutes a violation 01 an official duty and conduct unbecoming a pollc. officer lor which discipline 'I warranted under sectlonl 1190(2) and (4) 01 the Borough Cod.. (Emphasis added.) -5- 97-3945 CIVIL TERM The cited Sections of the Borough Code at 53 P.S. Section 46190 provide for the suspension, removal or reduction in rank of a police officer for. 2) Neglect or violation of an official duty. *** 4) ... conduct unbecoming a police officer. In Zeber Appeal, 398 Pa. 35 (1959), the Supreme Court of Pennsylvania stated: Unbecoming conduct on the part of a municipal employee, especially a policeman or fireman, is any conduct which adversely affects the morale or efficiency of the bureau to which he is assigned. It is indispensable to good government that a certain amount of discipline be maintained in the public service. Unbecoming conduct I. also any conduct which has a t.nd.ncy to d.stroy public r.spect for municipal .mployees and confld.nc. In the operation of municipal Nrvtc.S. It Is not nec....ry that the alleged conduct be criminal In character nor that It be proved beyond a reasonabl. doubt. (Emphasis added.) In H.rrlngton Appeal, 73 Pa. Commw. 421 (1983), the CommonweaJth Court of Pennsylvania affirmed the dismissal of a police officer for engaging in conduct unbecoming a police officer. That conduct consisted of the police officer kicking and kneeing a prisoner. The policy of the Mechanicsburg Police Department as set forth in Section 376.1 of its Rules and Regulations provides: USE OF EHYSlCAL FORC~ malicious assaults or batteries committed by members constitute gross misconduct. The UN of physical forc. shall be ....trtcted to clrcumstanc.. specified by law when nece...ry to accomplish a pollc. task succ...fully. (Emphasis added.) Tha law applicable to the use of force is set forth in the Crimes Code. That -6- 97-3945 CIVIL TERM Coc:e at 16 Pa.C.S. Section 505 titled .Use of force in self-protection," provides: <a) Uae of force Justifiable for protection of the person.- The use of force upon or toward another person Is justifiable when the actor believes that such force Is Immedlat.ly necessary for the purpose of protecting hlmaelf .galnst the uae of unlawful force by such other person on the present occasion. (Emphasis added.) At 16 Pa.C.S. Section 508 titled .Use of force in law enforcement," the Code provides in pertinent part; <a) P.ac. officer's uae of forc. In making arresl- (1) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest He is justified in the use of any force with he believes to be nec....ry to .ffect the arrest and of any forc. which h. believes to be nec....ry to d.f.nd hlmaelf or another from bodily harm whll. making the arrest. ... (Emphasis added.) Whether one concludes that Bock was still in the process of making an anest of LeBlanc when the incident occurred at the Mechanicsburg Police Station on August 20, 1996, making applicable the self-defense provision applying to law enforcement officers in Section 508, or that the general self-defense provision in Section 505 was applicable, Bock's bell.f as to the force necessary to deal with LeBlanc means a reasonable bell.f. See Commonwealth v. French, 531 Pa. 42 (1992); Commonwealth v. Flnkey, 412 Pa. Super. 419 (1992). The Civil Service Commission specifically found that 'Bock's physical attack upon LeBlanc was without legal justification," a conclusion that was supported by its findings of Iact. Bock's argument that he did not violate the Mechanicsburg Police Department's policy by using -7- 97-3945 CIVIL TERM excessive force because he 'used the amount of force he determined to be necessary to protect himself and gain control of the situation,' misconstrues the Department's policy. The policy is that an officer's use of physical force is '[r)estricted to circumstances specified by law when necessary to accomplish a police task specifically.' Under the law, i.e., the justification provisions of the Crimes Code, force can only be used when the officer reasonably believes that it is necessary. The findings of the Civil Service Commission that Bock's use of force was prompted by the vecbaJ taunting of LeBlanc when he was in custody, contrasted to Bock's testimony before the Commission, supports its decision that Bock did not reasonably , . , I i l I l I 1 I i I I I I 1 I 1 I j believe that he needed to use the force he applied in choking LeBlanC and refusing to release him. As the finders of fact, the Commission was free to believe all, part, or none of any witnesses testimony. Simply because the Commission chose not to believe Bock's testimony did not, as argued by Bock, shift the burden of proof to him.' There was substantial evidence to prove the Specification of Charges against Bock that he used excessive force in violation of the polley of the Mechanicsburg Police Department that constituted conduct unbecoming a police officer. The Civil Service Commission made no error of law and Bock's constitutional rights were not violated. 1. The burden was on the Borough to prove the charges against Bock. Townahlp of Fal"'w v. SU., 73 Pa. Commw. 161 (1983). -8- PYS510 1997-03945 BOCK Cumberland County Prothonotary's Office Page Civil Case Inquiry EARL D (VS) MECHANICSBURG BOROUGH OF ET AL 1 Filed. . . . . . . . : Time......... : Execution Date Sat/Dis/Gntd. . Jury Trial... . Hi~her Court 1 Hi her Court 2 ....******...**********..***...*.**.....***..****.....* ******.*******..******** General Index Attorney Info BOCK EARL D PETITIONER WELBY SEAN T MECHANICSBURG BOROUGH OF RESPONDANT HAURIN ROBERT J FLANNERY WILLIAM J CIVIL SERVICE COMMISSION OF RESPONDANT MCCALEB MARLIN R THE BOROUGH OF MECHANICSBURG ..***.******.....****..**..**..........****..**.****..********....*******....*.. · Date Entries . ***.**........*.***..****......*.**..***...**......**..*.***.*....*.***...****** Reference No..: Case Type.....: Judgment......: Judge Assigned: PETITION .00 BAYLEY EDGAR B 7/2l11997 15:36 0/00/0000 0/00/0000 PETITION FOR REVIEW WRIT OF CERTIORARI PRAECIPE FOR ENTRY OF APPEARANCE FOR MECHANICS BURG BOROUGH BY WILLAIM J FLANNERY ESO AND ROBERT J HAURIN ESQ CERTIFICATION OF RECORD ANSWER ANSWER TO PETITION FOR REVIEW PRAECIPE FOR LISTING CASE FOR ARGUMENT BY SEAN T WELBY ESQ STATUTORY APPEAL OPINION AND ORDER OF COURT - DATED 1/12/98 - IN RE APPEAL FROM A DECISION OF THE CIVIL SERVICE COMMISSION OF THE BOROUGH OF MECHANICS BURG - AFFIRMED - BY EDGAR B BAYLEY J - COPIES MAILED 1/13/98 .....*******....***...************....****.*****..*.*****.*******.********.*.*** · Escrow Information . · Fees' Debits Bea Bal Pvmts/Ad1 End Bal . .****.**.**.*****.***..*..*****.,.****..*~***...,*.**********.*.******..**....** 07/21/97 07/21/97 07124/97 07125/97 08/04/97 08/04/97 10/22/97 01/13/98 35:g8 35:g8 :88 5.00 5.00 .00 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 ...........*****.******.**************.*********************....*.******.**.**** · End of Case Information . *.*******....***************.****.******..****..***.....************.*********** PETITION TAX ON PETITION SETTLEMENT JCP FEE , --<.\ i ~:\~~l .,'~, \ ..., ,~~~ i' ~' ,:; 'h~ ii-;:. 'I' e $" ..- l' ~ ~ \ . i ':, , J 'f' ~:' ~c " '.,IJA;,' .3:J~hfy{,(,i'~lk: ;i'(n;tj~/ ,.,".,,",', 'JA~?n~ .~L.-~ l<; '\ ,. q '7- .::3OJ,+S ~ :r~'w \ ! " ''t'-m . _.; - .'" - ..- -- . '- . - ',' -, . >-,'.., ,'.. '.' . - . - . , , -'- ," . ,.,-. ".. u _ , - . - . ,,?f1.:,.._<~I ",..,', .,'--'~!-,~~ ,-" " . ".; -'" - , - ;., ,'- -0,"','''' .~ f ,j l < WITNESSES FOR THE BOROUGH EXAM. DIRECT CROSS REDIRECT RECROSS PATROLMAN MARGARET MYERS BY: MR. FLANNERY 13 53 BY: MR. WELBY 35 54 BY: COMM. DIEHL 54 BY: COMM. HANLON 56 BY: COMM. STARR 57 OFFICER SHARON L. AGRESTA "- BY: MR. FLANNERY 59 79 :I a: 0 "- BY: MR. WELBY 70 81 " g .. '" BY: COMM. STARR 83 a: "' '" ~ CHIEF RODNEY L. WHITCOMB BY: MR. FLANNERY 84 112 ~ BY: MR. WELBY 93 115 ~ '" " '" ~ BY: COMM. DIEHL 121 "- BY: MR. MCCALEB 121 ~ " ,. MAYOR HAROLD V. HERTZLER .. a: C 0 "' BY: MR. FLANNERY 123 % ... BY: MR. WELBY 127 EXHIBITS FOR THE BOROUGH PRODUCED & MARKED ADMITTED l. PHOTOGRAPH 22 123 2. PHOTOGRAPH 22 123 3. PHOTOGRAPH 22 123 4. PHOTOGRAPH 22 123 5. PHOTOGRAPH 22 123 6. PHOTOGRAPH 22 123 7. PHOTOGRAPH 22 123 .. 8. PHOTOGRAPH 22 123 ::I l!j "- 9. PHOTOGRAPH 22 123 >< g ~ '" 10. PHOTOGRAPH 33 123 It ... ~ 11. PHOTOGRAPH 33 123 12. PHOTOGRAPH 33 123 0 ~ 13. PHOTOGRAPH 33 123 ~ ~ 14. FOUR-PAGE DOCUMENT, A TYPEWRITTEN STATEMENT 34 123 .. 5 It 15. TWO-PAGE DOCUMENT, '" >- TYPEWRITTEN STATEMENT, .. go U DATED 20 AUGUST 96 68 123 ... J: .... 16. THIRTY-FOUR PAGE DOCUMENT, ENTITLED RULES AND REGULATIONS, MECHANICSBURG POLICE DEPARTMENT 90 123 17. ONE-PAGE DOCUMENT, A LETTER, DATED SEPTEMBER 05, 1996 126 129 18. ONE-PAGE DOCUMENT, HANDWRITTEN NOTES 215 L_ ~ 2 ~ 0 ~ ~ g ~ ~ ~ w ~ ~ . 0 ~ ~ ~ ~ ~ ~ 6 ~ 0 ~ m ~ 8 w % ~ 8 1 his apartment on the night of August the 16th. Bock then 2 tr~nsported Mr. LeBlanc -- after he had served this arrest 3 warrant on him, transported Mr. LeBlanc from the Cumberland 4 County Prison to the Borough of Mechanicsburg for purposes of 5 an arraignment before the district justice. 6 During the entire period of time that this 7 transportation process was taking place, Mr. LeBlanc and 8 Officer Bock were trading insults; some of them pretty serious 9 insults with one another. The individual was arraigned here at 10 the District Justice's office, placed on parole -- I am Borry, 11 placed on bail, and then was returned to the Mechanicsburg 12 Police Department for processing. 13 And at that time, he was initially placed in a 14 holding cell here at the police department. While he was in 15 the holding cell, the evidence will show that this individual 16 was acting in a tumultuous and somewhat active fashion; 17 continuing the taunting of Officer Bock, continuing the yelling 18 of obscenities and other things towards Officer Bock. 19 Eventually the time arrived for the purposes of 20 processing him on the arrest for which he had just been 21 arraigned. Another officer, Officer Myers, assisting Officer 22 Bock at the time, removed the individual from the holding cell 23 and began the processing process. She took the official 24 photograph of Mr, LeBlanc for the record. 25 Then the time arrived to do the fingerprinting i__.__ .. ::I ~ .. " g .... <II 0: w ~ . 0 ~ ,;, '" N . .. i:l ~ >- .. ~ U w X .... 11 1 Officer Bock says to the Chief: You might as well suspend me 2 now, I did it; I just jacked him. 3 After the Chief has the opportunity to investigate 4 for a few moments, Officer Bock again says to the Chief: You 5 might as well suspend me now, I did it. Officer Bock was sent 6 home for the balance of the day, and the other officers 7 continued the processing. 8 The individual in question had a visible, unhealed 9 scar on his left shoulder from a recent surgery, which was 10 clearly obvious to the officers at the time of processing. 11 This individual complained about numbness in his arm, requested 12 medical treatment, and was taken for medical treatment and 13 subsequently brought back to the police department; at which 14 point in time he was released. 15 Following the investigation -- after the Chief had 16 the opportunity to get statements from the two officers who 17 were involved, to talk to Officer Bock on two occasions -- the 18 Chief and the Mayor concluded that Officer Bock had gone beyond 19 what was necessary in that processing room with regard to the 20 physical handling of 3ason LeBlanc, and that his conduct was 21 conduct unbecoming to an officer; and therefore he was 22 suspended. 23 24 25 MR. MCCALEB: Mr. Welby? MR. WELBY: Can I defer until my case in chief? MR. MCCALEB: You certainly may. I ~ L_ ~ ~ ~ ~ ~ 8 ~ ~ ~ w ~ t 0 ~ ~ ~ ~ ~ 5 ~ 0 ~ = ~ u w % ~ 1 2 3 4 16 Q Have you had the opportunity to observe officer Bock fingerprint individuals? A Yes. Q And the process that he that you have observed of 5 him fingerprinting individuals, is he in close proximity to the 6 individual being fingerprinted? 7 8 A Yes. Q Now, what was your work assignment on Tuesday, 9 August the 20th, 1996? 10 A Patrol, general patrol, and -- and handling any 11 calls. I was working the 2:00 P.M. until 10:00 P.M. shift that 12 day. 13 Q Now, I want to call your attention to approximately 14 2:15 or 1415 hours on that day. 15 Were -- where were you located at that time? 16 A I was in the -- the patrol room in the station. It 17 is the room where we have all of our desks and file cabinets 18 for the individual officers. 19 Q Do you know an individual by the name of Jason 20 LeBlanc? 21 22 23 A Yes, I do. Q How do you know Mr. LeBlanc? A I have dealt with Mr. leBlanc for many years, since 24 I have been employed here. I have had the occasion to actually 25 arrest him after a call to his residence. And I am very ~ (, ~ u ~ ~ 2 ~ ~ 11 ~ g - 00 11 ~ w 00 ~ ]2 . 13 0 ~ 14 ~ ~ N 8 1'> ~ ~ ~ 16 0 ~ 0 > 17 m ~ C U w 18 % ~ 19 20 21 22 ~] 24 2~ 20 1 wearing a transport belt; which is a -- a leather belt that is 2 probably about three inches thick, and it has a metal seat, kind of a clamp on it, that you stick the handcuffs through, and it goes around his waist and buckles in the back, and then is cuffed to the front so he can't lift his hands up anywhere, but his hands are in front. It is a little more comfortable for transporting them in -- in in the car, so that they don't have to sit on their handcuffs around back. He was cuffed to there. It wasn't an impediment for me to take the photograph of him with that on. So I left the handcuffs in place for the initial photograph that I took of him and walked him across the room. He sat down. He -- he is familiar with where to have his picture taken. He sat down, took his photograph. And he -- the photograph actually didn't really come out very well for the first couple of pictures that I took. So he was -- he was sitting there for a little while; and I kept explaining to him that the photograph was too dark, or I cut off his head once. And it just wasn't -- it wasn't coming out well. So I had him -- I had to have him sit there with me for a little bit while -- while we were repairing those problems with it. Q While you were going through this process of trying to have the camera problems repaired, was he being cooperative? L~ ~ ~ ~ ~ ~ g ~ ~ ~ w ~ ~ I ~ ~ N ~ .. ~ 0 ~ ~ m ~ 0 U W % ~ 10 11 24 1 Can you identify who that individual is? 2 A Yes. That -- that is Officer Bock. 3 Q Okay. And where was Officer Bock standing at the 4 time that that photograph was taken? 5 A In -- in front of LeBlanc. It looks like in front 6 of the fingerprint area, where we take the fingerprint. 7 Q So from where Officer Bock was standing, as shown in 8 Exhibit B-8, he would have had the view of Mr. LeBlanc which 9 appears in B-9? A Yes. Q Now, after Officer Bock entered the room, what 12 transpired at that point? 13 A LeBlanc saw him come in the room and -- and -- and 14 said: Hey, Bock, are you turned on, Bock; when Earl came in, 15 because he had his shirt off. And Officer Bock didn't -- 16 didn't say anything to him. He he just ignored that 17 particular statement from him. 18 Officer Bock then -- then left the room and returned 19 a few minutes later with latex gloves to -- to do the 20 fingerprinting part of the processing. 21 Q Now, what were you doing at this point in time when 22 he reentered the room? 23 A I was standing at the counter opposite the 24 fingerprinting counter looking at the Polaroid pictures that I 25 had taken to see if they had come out and also coating the j., , 1_.- ~ 2 ~ 0 ~ ~ g ~ 0 ~ W 0 ~ . 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 > = ~ 0 U w r ~ 10 25 1 identification photographs that I had taken, the previous black 2 and white I.D. photographs. 3 Okay. Would you describe what you heard and/or Q 4 observed next? 5 While I was -- while I was doing that -- I was A 6 looking at the pictures and making sure they came out and 7 coating the other ones, I -- I was able to hear -- I knew that 8 Officer Bock was -- had started the fingerprinting process; and 9 I was able to hear exchanges between Officer Bock and -- and Hr. LeBlanc during the fingerprint processing. I I do have 11 those in my statement. If you would like, I can -- 12 Q Yes. Would you state for the panel what you heard 13 first? 14 A Okay. During the -- the processing, LeBlanc was 15 was constantly talking to Officer Bock and -- and -- and 16 taunting him and telling him that if he caught Officer Bock on 17 the street, that he could do physical harm to him if he felt 18 like it. And that he would kind of -- he would -- he would 19 laugh at -- at -- at Officer Bock and -- and basically give you 20 the impression that he was -- he was just trying to -- to show 21 him how big and manly Mr. LeBlanc was. 22 LeBlanc told him that -- well, after he made the 23 statement about doing physical harm to him, he said: No, you 24 would probably have a gun; but, who knows, I might have one, 25 too. And Officer Bock made a statement back to him about that, , I l_ ~ ~ ~ ~ ~ u 0 ~ ~ ~ w ~ ~ t 0 ~ ~ ~ ~ ~ ~ 0 ~ 0 > m ~ 0 u W % ~ 1 26 but I am not exactly sure what that was. But LeBlanc then told 2 Officer Bock that he would have -- have to learn how to walk 3 allover again, to chew again, to talk again, and that that 4 wouldn't be much fun. 5 And -- and at some point during -- during the 6 exchange between the two of them, I heard Officer Bock make a 7 statement that -- his voice was -- was raised, and -- and I 8 I -- I could tell that it had some -- some stress in it: that 9 he -- part of what I -- what I heard was you should give me 10 some respect while you are here, do you understand. 11 And it was about the same time that I was aware 12 of -- of movement and -- and noises that I hadn't heard before. 13 And I was able to turn around to see that they were -- that 14 Officer Bock and LeBlanc were were moving towards the 15 southern wall of the room, which is the room (sic) that has the 16 door that you walk in. 17 And the southern wall really isn't very large. It 18 is a -- just a portion of it beside the door. Along the 19 southern wall is where we have the trash can and the recycle 20 bin. 21 Just as I was able to turn around, I could see that 22 they had impacted with the recycle bin: and cans went 23 everywhere, and it was quite noisy. If I hadn't heard it 24 before that, I would have turned around then for sure. And at 25 that point, I was able to see LeBlanc had his back against 1.--. L_':" .. :I a: 0 .. " g 0- '" a: w ~ ) i '" :e ~ .. 5 a: " ,. III a: 0 u w % 0- 1 27 the -- the wall; and Officer Bock had his hands around his 2 throat. 3 Q okay. Now, where did LeBlanc have his hands at this 4 point? 5 A LeBlanc's hands were on Officer Bock's arms at -- 6 extended in a -- at the -- in the area of his -- his biceps 7 muscle. 8 9 Q And where were Officer Bock's hands at this point? A They were around LeBlanc's neck, thumb side in 10 front. 11 Q So his thumbs were actually pressing up against Mr. 12 LeBlanc's throat? 13 A The thumbs were in the front of -- of his -- of his 14 neck. 15 Q okay. Now, would you describe how Mr. LeBlanc 16 appeared at this point? 17 A I -- I really wasn't paying a whole lot of 18 attention. At that time, I was moving over there and -- and 19 trying to -- to get in there and separate the two of them. I 20 wasn't watching LeBlanc all that much. 21 I was trying to concentrate on doing a hundred 22 things at once, trying -- trying to remember -- I had my gun 23 on. I didn't take it off when I was in there with LeBlanc. I 24 was trying to keep my gun side away from him because he -- he 25 would have opportunity to it. And I was thinking a hundred I . L_ 1 million things all at once, trying to get -- get things moving 2 there. 3 As I recall, LeBlanc was -- was -- he was kind of 4 staring into Officer Bock's eyes; and -- and at that time, I 5 was pretty much paying attention to what everybody was doing 6 there, trying to get the two separated. 7 Q How big of a man is Mr. LeBlanc? 8 A He is -- not exactly sure. He is not a whole lot ~ 2 ~ ~ ~ g ~ ~ ~ ~ ~ 9 taller than me, and I am -- I am five four. So his -- he is 10 smaller than Officer Bock. Officer Bock is very tall. 11 Q In terms of his build, relative build, how would you 12 describe him? 13 A He is ~ ~ ~ Is he slight build, large frame? 14 Q 15 A He is a medium built, but he is very muscular. ~ ~ o ~ ~ 16 Q okay. 17 A Obviously an athletic individual. Now, you turned; and you observed, as you just ~ % ~ 18 Q 19 indicated, that they are now up against the wall. Officer 20 LeBlanc has -- I am sorry, Officer Bock has his hands around 21 Mr. LeBlanc's neck. 22 What did you do at that point? 23 A I was speaking to Officer Bock and -- and asking him .J to please back away and to move away and trying to get him to 24 25 release his -- his hold on LeBlanc. 28 i....., '-- .. :IE a: 0 .. X g ... .. a: '" .. ~ t ~ ,;, " .. ~ .. 5 a: " > .. a: " u '" :t ... 33 1 about having an injury to. And then once I finished those 2 photographs, I turned him over to Sergeant Bradley; and I went 3 back to my regular -- my regular day. 4 (Polaroid photographs, produced and marked Borough 5 Exhibit Nos. 10 through 13.) 6 BY MR. FLANNERY: 7 Q Okay. Officer Myers, you have been handed some 8 photographs that appear to be Polaroid type photographs, which 9 have been marked for identification purposes as Borough 10 10 through 13; and ask if you can identify those photographs? 11 A These would be the photographs that I took of 12 leBlanc's neck after returning from the hospital. 13 Q Okay. Now, after -- at some point in time, were you 14 asked to complete a statement regarding the events that 15 transpired in this matter? 16 17 18 19 20 21 A Yes. Q Did you complete such a statement? A Yes. Q And who did you give the statement to? A The Chief. Q Okay. Were all of the information contained in that 22 statement accurate, to your knowledge, as to what actually 23 transpired during that day? 24 25 A Yes. I took a lot of time. As a matter of fact, I took the Chief finally gave me a deadline. I was taking so i"", L_ .. :I ~ ... x u 0 .. III a: .. III ~ I ~ .. 1,] ~ .. " 0 ~ ,. '" a: 0 u .. % .. 34 1 long to get him the -- the -- the statement. But I put 2 everything that I could recall in the statement. I took a lot 3 of time with it. And to the best of my knowledge, everything 4 that I could remember about it was in here. 5 Okay. During the course of your testimony here Q 6 today, you have been referring to a document. Are you 7 referring to your statement? 8 A I am, yes. 9 (Four-page document, a typewritten statement, 10 produced and marked Borough Exhibit No. 14.) 11 BY MR. FLANNERY: 12 Q I am going to show you a document, which I have 13 marked for identification purposes as Borough 14, and ask could 14 you identify that document? 15 A This is a copy of my statement that I gave to the 16 Chief. 17 MR. MCCALEB: Mr. Welby, do you have a copy of that 18 statement? 19 20 21 22 23 24 25 MR. WELBY: Yes, I do. MR. FLANNERY: No further questions, MR. WELBY: No objection. MR. MCCALEB: You have no further questions? MR. FLANNERY: Nothing further of the Officer. MR. MCCALEB: Your witness. MR. WELBY: Cross-examine? I L_ 1 threatening? 2 A Well, he -- he was basically saying that if -- if I 3 didn't tell Officer Bock to hurry up, that he was going to 4 going to -- I think the words he used, I have in here, was he 5 was going to tear the fucking cell apart. 6 That is a -- in my in my opinion, that was a 7 threat that he made; that he was going to do something that I 8 really wouldn't like if I didn't hurry Officer Bock up with ~ 2 ~ o ~ ~ g ~ ~ .. w ~ ~ 9 whatever he was doing. 10 Q And based on your experience, do you believe he 11 would carry out this threat? 12 A I believe he would -- would have done his best to do 13 just that, yes. ~ ~ ~ ~ o ~ ~ m ~ o u W % ~ Q All right, okay. Now, you testified that when a 14 15 prisoner is taken in to be photographed and fingerprinted, that 16 they are not in handcuffs normally. But I noticed in your 17 statement and in your testimony today that when you brought 18 Officer (sic) LeBlanc in and you took that initial photograph, 19 he was handcuffed. 20 A Yes. 21 Q Can you tell us why that departure from normal 22 policy? 23 A Again, it is a -- pretty much a -- each officer does 24 things just the slightest bit differently. 25 If -- if a -- if you are having trouble with an 37 I ""\ L_ ~ ~ ~ ~ ~ g ~ ~ ~ ~ ~ ~ . 0 ~ ~ ~ N ~ ~ ~ 0 ~ 0 ~ m ~ 0 U ~ % ~ 1 2 39 Why do you keep handcuffs on a prisoner when you are taking their photograph or processing them otherwise? 3 A For -- for their safety and yours. If -- when they 4 are handcuffed, they obviously you have to be in -- in 5 really close proximity to them to process them. 6 And taking the photograph, you are -- you are right 7 there actually on the other side of the camera; where one nice 8 shove from them, and you are going to be impelled by that. And 9 they are within pretty much arm's length of you when you are 10 working with them there; and, you know, you are -- you are 11 protected that way, if their hands are cuffed. 12 You don't have to keep -- your attention is away 13 from them enough when you are taking their photograph that, you 14 know, if they are already handcuffed, that you know you won't 15 have to watch them quite as much. 16 Q Now, there did come a point where you took the 17 handcuffs off, didn't there? 18 19 20 21 22 A Yes. Q Okay. And as I recall, your testimony was that he told you he wouldn't be a problem? A He -- he did tell me that, yes. Q And that you said to him something to the effect of 23 I was pretty sure that you are not going to be a problem? 24 A Right. 25 Q And could you tell us what you meant by that? I~ L_ ~ 2 ~ 0 ~ ~ g ~ ~ ~ w ~ S , ~ ~ ~ N ~ ~ 5 ~ 0 ~ ~ ~ 0 u w % ~ 1 moved toward them, you saw Officer Bockls hands around 2 LeBlanc's neck in a choke hold. 3 A 4 Q Yes. Would it be fair for me to say that that is the 5 second thing you saw? 6 A 7 Q Yes, yes. okay. So the very first thing you saw was LeBlanc's 8 hands on Officer Bock's wrists, is that correct? 9 A 10 Q Yes. And then only after you saw that did you see Officer 11 Bock with a choke hold on Mr. LeBlanc? 12 A 13 Q 14 A I mean, in order of -- em-hum. __ how you -- you perceive things and put them in 15 order, that is the second thing I noticed, yes. 16 17 police Q Now, you see -- you are standing there. You see a one of your fellow officers has a choke hold on a 18 prisoner, and that prisoner had his arms -- or his hands on the 19 officer's arms. 20 What was the first thing you tried to do? 21 A Separate them and -- and -- and get control of the 22 situation, get control of the prisoner. 23 24 25 Q Control of the prisoner? A Yes, yes. Q Now, I believe that you testified that when you had 43 1-, ~.- ~ 2 ~ ~ ~ g ~ ~ ~ w ~ ~ . ~ ~ ~ ~ ~ 0 << 0 > m ~ 0 0 w % ~ J 10 44 1 gone to the two of them, at one point you could only approach 2 from the right because you had your weapon on. 3 A I was on the ride side -- Officer Bock's right. 4 Q Okay. 5 A The side that I was on was the closest side for me 6 to approach on. And when I approached, I tried to keep my gun 7 away from LeBlanc. So I approached kind of a catty-corner, 8 with my left side in -- in between the two of them. 9 Q Why would you try to do that? A Because LeBlanc had his hands free. And my thought 11 was that even though his hands were on Officer Bock at the 12 time, I did not want to give him the opportunity to be able to 13 reach my gun; which would have been within arm's length -- 14 arm's reach for him. 15 Q Based upon your understanding of the situation as 16 you were experiencing it right then and there, did Mr. LeBlanc 17 pose a threat to you at that point? 18 19 20 21 A To me? Q Yes. A No. Q And that is why you made sure that you didn't let 22 him have access to your gun? 23 A Okay, he wasn't at that point; but if I gave him 24 access to my gun, he could have been very simply a -- a threat 25 to all of us. i ' 1_- ~ 2 ~ ~ x g ~ w << ~ w ~ . ~ ~ ~ ~ ~ ~ 0 > m << 0 U ~ ~ 46 1 A Okay, my back was to him; and when he was 2 processing, his back was to me. And he started the initial 3 fingerprinting process on LeBlanc. For all he knew, I could 4 have left the room. 5 Q So for all he knew, he was the only one there with 6 LeBlanc? 7 A That is possible, yes. 8 Q And am I correct in saying that based on your 9 statement, after you did this tap, you then did a strike to his 10 arm to let him know that you were there once again? 11 12 13 14 A Yep. Q And it is at that point that he let go? A Right. He his -- his hold relaxed. Q So as soon as you were able to convince him that __ 15 or as soon as you were able to inform him that you were there, 16 he did let go? 17 A Again, I mean, I don't know exactly what he was 18 perceiving; but after the strike to his arm, his hold relaxed, 19 20 21 22 and and LeBlanc still had his still had his hold on. Q Mr. LeBlanc didn't let go? A He did not let go, no. Q You state in your statement: Since Officer Bock had 23 relaxed his hold on LeBlanc and fearing leaving Officer Bock 24 defenseless should LeBlanc try to take a punch at him, I let go 25 of Officer Bock's arm and tried to step in between them. i~ L_ ~ 2 ~ ~ ~ g ~ ~ ~ w ~ ~ . 0 ~ ~ ~ N i - ~ ~ 0 > m ~ u w X ~ ~ 50 1 where a police -- where you had relaxed 2 MR. MCCALEB: What she would have done under the 3 same circumstances as she testified here -- 4 MR. WELBY: and the prisoner did not? 5 MR. MCCALEB: -- that is a proper question. 6 If you can answer it. 7 THE WITNESS: You don't know how hard that question 8 is to answer, even as given. 9 The prisoner still has ahold of you. He is not 10 under your control. You -- you have to get him under control 11 and back into a situation where his hands -- you are in charge, 12 he is not. He is -- he needs to be controlled at that point 13 still. 14 BY MR. WELBY: 15 16 Q Okay. A And, again, that is just my -- my opinion; and that 17 is what you asked for. 18 19 20 Q And I understand it is a very difficult question. A It is hard. It is a hard question. Q And I am sorry to have to ask that of you. 21 You testified that after Officer Bock had relaxed 22 his grip and that you had then tried to grab Mr. LeBlanc, at 23 some point after you went back into the hallway, Officer Bock 24 25 again tightened his grip, is that correct? A I -- I can't say for sure how -- how hard the hold I 1_- ~ 2 ~ o ~ ~ U o ~ ~ ~ w ~ ~ o ~ ~ ~ N ~ ~ 5 ~ > m ~ o u w x ~ -........ 10 11 12 13 14 15 16 17 18 51 1 was on. I just know that his -- his hands were back on 2 LeBlanc's neck. 3 Q Okay. So they were back on LeBlanc's neck? A Yes. Q And I believe your testimony was that you had stated or you were trying to convince Officer Bock to let you meaning you and Officer Agresta -- handle it, and that 4 5 6 7 8 you were there to help him? 9 A Right. Q Okay. Now, how did you intend to handle this situation? A As far as? Q Once Officer Bock had completely released. A Well, I was going to take LeBlanc under my control at that point. Q How? A And -- well, what I ended up doing was just manhandling him back into the -- the or maneuvering him back 19 into the processing room: just pushing him and -- and -- and 20 shoving him in with my hands on him, move him out of the way. 21 And he was, at that point -- he was cooperating with me. He-- 22 he allowed himself to be moved. 23 24 25 He -- he moved in there. He was now under my control, and the situation was basically done. Q okay. Now, going on in your statement, the same b 1 page, toward the bottom, where you state: At this point, I got 2 very close to LeBlanc and yellp.d at him to release Officer Bock 3 immediately. 4 A Yes. 5 Q Is that what happened? 6 A Yes. 7 Q And why did you do that? 8 A I -- my -- my concentrating on speaking -- in ~ 2 ~ ~ ~ g ~ ~ ~ w ~ ~ 9 talking with Officer Bock, at that point, had gotten him to 10 relax; but LeBlanc hadn't let go. So I went -- this time 11 decided to get LeBlanc, get his attention on me, tell him that 12 he should release. t 13 And basically the comment that I made, that -- was ~ ~ ~ g ~ > m ~ U w x ~ 14 it isn't worth it isn't worth it. And it seemed right at 15 that point, he he relaxed: and he was able to be moved away. 16 Q Okay. It says here in your statement, it goes on: 17 It was at this point LeBlanc released his hold on Officer Bock. l8 As soon as LeBlanc let go of him, Officer Bock let go of 19 LeBlanc. 20 A Yes. 21 Q Is that correct? 22 A Yea. 23 Q So as soon as Mr. LeBlanc let go of Officer Bock's 24 arms, he let go of him? 25 A Yes. 52 i~ L_ ~ 2 ~ 0 ~ ~ g ~ ~ ~ w ~ ~ . ~ ~ ~ ~ - ~ 6 ~ > m ~ 8 w x ~ _I 10 11 55 1 BY COMMISSIONER DIEHL: 2 Officer Myers, define released and relaxed. Q 3 You said -- here is what my problem is. When you 4 say he relaxed his hold, I envision he just relaxed; but when 5 released, he left go. 6 When you say relaxed, did he still -- 7 A The difference -- the difference being, yes, the -- 8 the hands were still there: but -- 9 Q But relaxed? A -- it was -- yes. Q The second question. Was it common knowledge -- if 12 I am in error, nail me. 13 Is it common knowledge -- is it common knowledge 14 among you and the other officers that Mr. LeBlanc had a history 15 of being verbally abusive? 16 17 18 19 A Yes, absolutely. Q Not just with Officer Bock but with all officers? A Right. Q And one more. When you are being verbally abused by 20 a prisoner, in your training, how should you react? 21 22 23 24 A Well -- Q Do you verbally spar with them? A Well, it is -- it is -- it is a very hard situation to be in, and it happens a lot; and -- and you pretty much 25 react the way you would normally react. ~) ~ 2 ~ 0 ~ ~ U 0 ... ~ ~ ill ~ . 0 . 0 ~ ~ '" " ~ ~ 6 ~ " > m ~ 0 u w X ~ .,) 10 11 57 1 have done that. 2 He is -- he js -- he likes to assert -- he J has -- he is blatant about his asserting the fact that he 4 doesn't feel that we have any -- any real authority over him. 5 And he -- and he won't -- he -- he didn't physically throw ti punches or anything like that: but he will let you know that he 'J is going to -- he is a strong quy, and he wants you to realize 8 that. 9 COMMISSIONER HANLON: Thank you. COMMISSIONER STARR: I have one. MR. MCCALEB: Go ahead. 12 BY COMMISSIONER STARR: 13 Q I think you stated that when you took him from the 14 police station to the hospital, to Seidle, did I understand he 15 was in cuffs, or he was not in cuffs? 16 1';' A He was not. Q Would you like to tell me why, after all of this 18 altercation, you didn't take some precaution and -- I assume 19 you were alone with him in the car? 20 ^ Right. And basically because at that point, at -- 21 at the point that he was -- that is what he wanted. He wanted 2:1 to go to the hospital. He wanted to be checked out. And I let n ;: 1 him know that you know, he was complaining of pain in his arm, numbness in his arm. I didn't think that putting a ~~ handcuff back on him, cuffing him again, might not cause ,""" ~ 2 ~ ... " g >- '" ~ ~ t o ~ ~ ~ 8 ~ " ~ m ~ U ... ~ .1 10 11 n 1 1 1 i 1 r~ }', 1-:' III 1') 58 additional injury, if he had any. ;~ And I basically told him, you know, you are going to go and get checked out, like you want to go get checked out, 4 like I think you should: but, you know, I am not going to handcuff you, but you are going to behave. And he -- he more (, or less tacitly agreed to that. I And, you know, if he wouldn't -- he really wasn't H giving me a problem. And it is kind of a judqment call, that .j he -- that he wasn't goinq to be -- he was goinq where he wanted to go and doing what he wanted to do: and I think that he was qoing to, you know, behave himself for m. because that is what he wanted to do. COMMISSIONER STARR: Thank you. MR. MCCALEB: Any other questions? Okay, thank you. Mr. Welby, Oft leer Myers is here under your subpoena. May she be excused? MR. WELBY: Yea, ahe may. MR. MCCALEB: Okay, thank you. ." Why don't we take a five minute recess and give the ,I stenographer a r.st? 2' "1-. . , ~ : , , , COMMISSIONER HANLON: Okay. MR. MCCALEBl W. are going to take a five minute reCllSfl. (Ilr let rece...) \, L..._ 1 MR. MCCALEB: Okay, we are back on the record. 2 Go ahead, Mr. Flannery. 3 MR. FLANNERY: Next witness we would call is Officer 4 Sharon Agresta. 5 6 OFFICER SHARON L. AGRESTA, called as a witness, 7 being duly sworn, testified as follows: 8 DIRECT EXAMINATION ~ 2 ~ o ~ ~ g .. ~ ~ w ~ ~ 9 BY MR. FLANNERY: 10 Q Officer Agresta, you are under oath. Are you -- 11 state your full name for the record, please. 12 A My name is Officer Sharon Agresta. . ) Q And with whom are you employed? 13 ~ ~ III ~ Mechanicsburg police Department. 14 A 15 Q And what capacity are you so employed? ~ 6 ~ " > m ~ 8 w x ~ Patrol officer. 16 A 17 Q How long have you served in that capacity? 18 A Nine and a half years. 19 Q Are you currently a member of the Mechanicsburg 20 police Association? 21 A Yes, I alll. 22 Q Now, I would like you to describe for the record the 23 process that is customarily used at Mechanicsburg Borough for -j processing individuals who have been arrested. 24 25 A What we normally would do is -- the actual physical 59 , I -" L_ ~ 2 ~ 0 ~ ~ U 0 ... ~ ~ ... '" ~ . 0 ~ '" '" N ~ ~ ~ " > m ~ 0 U ... x ... ,I 10 11 12 13 14 15 16 67 1 During that time, I looked down at Mr. LeBlanc's 2 hands, being free now, were -- his elbows at the side put his 3 arm -- his left arm right along parallel to where my duty 4 weapon was. And for the -- for the case of officer safety, I 5 grabbed ahold of -- with one of my hands onto Mr. LeBlanc's 6 arms so I would feel any kind of movement, if he would attempt 7 to try and jerk away or reach for my weapon, and continued to 8 try to break the choke hold that Officer Bock had on Mr. 9 LeBlanc. Q Did he at any point in time make an attempt to reach for your weapon? A No, he did not. Q So at this point in time, is it your testimony that while he is in a choke hold up against the wall, that his hands have now released from Officer Bock's hands? A I -- I don't reca II if there is actually a release 17 and came back up again. I know when we were out in the 18 hallway, I was aware of the fact that his arm was down by his 19 side that was close to my duty weapon, his arm basically 20 parallel from the elbow out. 21 Q At this point in time, what is your recollection as 22 to how the incident terminated? 23 24 A Officer Myers was somehow able to get Mr. LeBlanc away from -- from Officer Bock and took him into the processing 25 room. I basically stood in the doorway with my hand upraised ~~ L_ ~ 2 ~ ~ ~ g ~ ~ ~ ... ~ ~ . 0 ~ ~ ~ N ~ ~ ~ 0 ~ " > m ~ 0 U w X ~ _~J 10 70 1 MR. MCCALEB: Cross-examine. 2 MR. WELBY: Cross-examine, thank you. 3 CROSS-EXAMINATION 4 BY MR. WELBY: 5 Officer Agresta, you can't tell us what happened to Q 6 start this incident, can you? 7 No, sir, I cannot. A 8 Q You have absolutely no idea? 9 No, sir, I do not. A Q Okay. Now, the first time that you were alerted to 11 anything is that you heard a clatter and scatter of soda cans, 12 is that right? 13 14 15 A That's correct. Q And you didn't hear any screaming or yelling? A I heard -- before the -- before the soda cans, I 16 heard Officer Bock beginning to raise his voice; and -- and 17 then the soda cans. 18 Q Okay. Well, I will tell you, I that is kind of 19 interesting. How come you didn't put that in your report? 20 That seems like a very important piece of information. 21 22 A Sir, at the -- at the time -- like I said, I wrote that incident shortly -- shortly after that the whole thing. 23 Some things, like I said, were not as clear as to each and 24 25 everything happening. Q Okay. And he was raising his voice. What did he \, 1 i___ ~ 2 ~ ~ ~ g .... ~ ~ w ~ ~ I 0 ~ ~ i ~ 6 ~ " > m ~ 0 u w x ~ , 10 72 1 MR. FLANNERY: What she heard. And her answer 2 probably is nothing. She said that twice already. 3 MR. WELBY: And I asked her if it was help. And she 4 said, no, it definitely wasn't help. So she heard something. 5 MR. FLANNERY: She said she heard something. She 6 doesn't remember what, but it wasn't help. 7 MR. WELBY: But it wasn't help. 8 MR. MCCALEB: You can answer the question in your 9 own words: what you, yourself, recall. THE WITNESS: With Officer Myers' testimony, she was 11 able to refresh a memory that I could only hear do you 12 understand, and 13 MR. MCCALEB: As you sit here today, do you recall 14 that now? 15 16 17 THE WITNESS: Yes. MR. MCCALEB: Okay. THE WITNESS: But at -- at the time when I wrote 18 that statement, I -- you know, it -- it was just something that 19 I did not recall because I was -- I was trying to focus on 20 something a little bit more important, as to what else I had u 22 observed; not the initial the initial words beforehand, that I heard the scattering of of a recycling bin, cans. 23 BY MR. WELBY: 24 Q So your testimony that what you heard -- what you 25 now remember hearing is do you understand? i 1 L ~ 2 ~ ... ~ g ... '" ~ ... '" ~ t ~ ~ ~ N ~ ~ ~ " > m ~ U w x ... ..' 77 1 MR. FLANNERY: Again -- excuse me at this point. 2 But, again, I am going to interpose at this point an objection: 3 that this Officer's personal and/or professional views about 4 some of the concepts that are being addressed here and what she 5 would do and what -- under general circumstances is irrelevant 6 to the proceeding. 7 She was a fact witness who testified as to what she 8 observed. Her opinion 9 MR. WELBY: I am just asking her what her training 10 is. 11 MR. FLANNERY: And her opinion with reqard to how 12 she would react to certain circumstances is not relevant to 13 these proceedings. She is here to testify only about what she 14 observed. 15 MR. MCCALEB: I think we have already decided the 16 question: that if she is being asked how she would respond to a 17 specific situation, we will hear her answer, if she can answer 18 the question. But if -- we don't want to hear how she would 19 respond to a general situation. 20 MR. WELBY: I am not asking either of those 21 questions actually. I am asking whether -- I am aSking a 22 question -- I am not asking how she would respond at all. I am 23 asking the question about how she has been trained. Has she 24 been trained to take any specific action when her officer 25 safety zone has been violated? i": ~ 2 ~ 0 ~ ~ U 0 ... '" ~ ... '" ~ , ~ '" ~ N i ~ " ~ > m ~ u w x ... ~I 79 1 right by my duty weapon. And obviously being right by my duty 2 weapon, I have to be aware that this -- this could escalate 3 into something serious, if this gentleman would make that 4 conscious decision to attempt to take it from me. 5 Q So you -- would you agree with me at that point, you 6 use some degree, although the most minimal degree, of physical 7 force to prevent that from happening? 8 A That is correct. I just placed my hand on on his 9 arm to feel for any kind of movement; indicating that he is 10 going to do something else, possibly reach for my weapon. 11 MR. WELBY: Okay. That is all I have. 12 REDIRECT EXAMINATION 13 BY MR. FLANNERY: 14 Q So am I correct in my understanding that based on 15 your training, as you just discussed, if a person gives you the 16 finger, that does not give the officer the right to respond 17 physically with that individual? 18 19 A That is correct. Q And if the person is taunting you, verbally 20 harassing you, that doesn't give you the right to engage in 21 physical confrontation with that individual, correct? 22 23 24 A No, sir. Q And MR. MCCALEB: I am sorry, no, sir, not correct; or, 25 no, sir -- b ~ 2 ~ ~ ~ g ... ~ ~ w '" ~ I 0 ~ ~ ~ ~ ~ ~ " > m ~ 8 ... ~ 1 84 MR. MCCALEB: We are back on the record now. Your 2 next witness? 3 4 Whitcomb. 5 MR. FLANNERY: The Borough will call Chief Rodney 6 CHIEF RODNEY L. WHITCOMB, called as a witness, being 7 duly sworn, testified as follows: 8 DIRECT EXAMINATION 9 BY MR. FLANNERY: 10 Q 1l record? 12 13 14 15 16 17 18 19 A Q A Q A Chief, do you want to state your full name for the Rodney L. Whitcomb. And with whom are you employed? Mechanicsburg Police Department. In what capacity are you so employed? I presently am the police chief. Q And how long have you served in that position? A I have served as police chief since 1983. Q Prior to being the police chief here, what other 20 positions did you hold with Mechanicsburg Borough police 2l Department? 22 A I was a sergeant for a number of years and a 23 patrolman since March 1967. ) 24 Q Now, I want you to describe your involvement on 25 August the 20th, 1996, with regard to the LeBlanc matter. ~~ L___ ~ 2 ~ ~ ~ g ~ '" ~ w '" ~ , 0 ~ ~ ~ ~ ~ ~ " > m ~ 0 U w X ... 88 1 and yelling, and he was in an agitated form at that -- or state 2 in the holding cell. 3 He also advised me that Officer Myers took the 4 photos of the tattoos and the mug shot. And while in the 5 processing room, the bantering kept up, along with sexual 6 innuendos. He was in an abusive manner. He came towards me, 7 and he invaded my space, is what he told me that particular 8 day. 9 He was verbally combative the whole time, according 10 to Officer Bock, and while they were together. He says that __ 11 Officer Bock said he brushed him away, and he grabbed my arm. 12 And then he said I put him up -- I put him against the wall of 13 the recycle bin: where Officer Myers attempted to separate us, 14 and we ended up in the hallway. And it says he had his feet 15 off the ground at that time in the hallway. 16 At this point in time, Officer Myers and Agresta had 17 separated them; and the incident lasted somewhere in the 18 vicinity of one and a half to two minutes time duration, 19 according to Officer Bock's statement he gave to me. And then 20 the last statement he gave was that the first time I had talked 21 to you, I was extremely upset: and after sitting down and 22 thinking about it -- the incident, I am not so sure that I did 23 anything that was extremely wrong. 24 Q Okay. So you took -- just tryinq to understand the 25 steps that you took before you decided to make a recommendation h 1 as to what level of discipline, if any, should be imposed here. 2 You reviewed all the statements, you reviewed the 3 report that was given to you by Sergeant Bradley, you met with 4 Officer Bock twice: and then after you had all of that 5 information, you made the decision to impose discipline? 6 A Yes. 7 Q Okay. And when did you announce that imposition of 8 discipline to Officer Bock? ~ 2 ~ ~ ~ g ~ ~ ~ ... ~ 9 A I believe the Mayor issued a letter to him, and 10 or I believe I handed it to him, I believe. I am not sure 11 exactly how that went. 12 Q NOw, following the imposition of the discipline, to 13 your knowledge, was Officer Bock given the opportunity to o ~ ~ ~ 14 address borough council with regard to this -- the question of 15 his discipline? ~ 6 ~ > m 8 16 A Yes, I believe he was. 17 Q Okay. And what circumstances was he allowed to ... x ~ address council about the imposition? 18 19 A I think he was here with council -- I believe before 20 the entire council and advised of the situation. And I am not 21 sure I 22 Q During the course of that meeting that you are 23 referring to, was he given the opportunity to express his , 24 position of what had transpired? 25 A Yes. I think he was, yes, as I recall. 89 I -, '--- .. 2 ~ ... ~ g ... '" ~ ill ~ i ~ ~ ~ ~ ~ 5 ~ > m ~ u ~ ~ 10 91 1 Now, in reaching your decision that some discipline Q 2 was appropriate, would you explain to the Commissioners why you 3 concluded that suspension was the appropriate discipline and 4 why three days? 5 Well, I felt that a three day suspension was A 6 warranted due to the fact of the seriousness of the incident, 7 the fact that he was being choked: and even though the 8 individual is the type of individual he is, I didn't think a 9 suspension of more than three days was needed. Q Okay. Now, to your -- when you made the decision to 11 impose discipline, are there any specific rules and regulations 12 under those rules that you considered as perhaps being 13 violated? 14 15 16 A Was being violated? Q Yes. A Yes. Wait until I find it here. 306 would be one. 17 376.1 would be the other. And I have the other one written 18 down. 340, I believe, is the other one. 19 MR. MCCALEB: Chief, we don't have that document 20 immediately in front of us. Would you do us the favor of 21 reading those three sections for the record? 22 23 24 25 THE WITNESS: Sure. MR. WELBY: I have copies, if the MR. FLANNERY: I have, too, in -- MR. MCCALEB: Are they -- are these lengthy? l~ L ~ 2 ~ 0 ~ ~ g ... ~ ~ w '" ~ I 0 ~ ~ ~ N ~ ~ 6 ~ " > m ~ 0 u w X ... .J 92 1 THE WITNESS: The sections themselves, sir? 2 MR. MCCALEB: The sections you cited. 3 THE WITNESS: No, no. They are -- basically are 4 paragraph in length. 5 MR. MCCALEB: Why don't you just read those three 6 sections for the record? 7 THE WITNESS: Section 306 of the Rules and 8 Requlations deal with Conduct Toward The Public: Members shall 9 be courteous and orderly in their dealings with the public. 10 They shall perform their duties quietly, not using harsh, 11 violent, profane, or insolent lanquage, and shall always remain 12 calm, regardless of provocation to do otherwise. Upon request, 13 they are required to supply their names in a courteous manner. 14 They shall attend to request -- they shall attend to request 15 from the public quickly and accurately, avoiding unnecessary 16 referral to other units or members of the department. 17 That is Section 306. That would be on page ten of 18 the Rules and Requlations. 19 On page l5 of the Rules and Requlations -- excuse 20 me. I got through the first one without them, but I am going 21 to have to put my glasses on to read this one. 22 Section 340, Acts Or Statements By Officers: 23 Officers shall not perform any acts or make any statements, 24 oral or written, for publication or otherwise, which tend to 25 bring the department or its administrative officers into 1 " 2 3 4 5 6 7 8 ~ 9 2 ~ 0 ... 10 " \) 0 ~ '" 11 a: w '" ~ 12 13 0 . 14 0 ~ ~ '" N ~ 15 ~ 16 6 ~ ~ 17 '" " u w 18 x ~ 19 20 21 22 23 24 25 95 believe that there was some language used there. Q Yes, but you didn't charge him with that, did you? A Conduct unbecoming an officer I believe covers the Rules and Regulations' number 306 in all of those. Q Do you see the Specification of Charges in this instance? Did you read this? Did you read the specification of Charges in this instance? A I believe I heard them read here, yes. Q Did you ever read them before today? A Yes. I believe I have seen a copy of them. MR. WELBY: May I approach? MR. MCCALEB: Sure. BY MR. WELBY: Q Chief actually, why don't I just do this. Chief, I am going to ask you to take a look at this. Do you see anywhere in there that talks about vain or profound language -- profane language? A (Reviewing.) No, I don't see anything that says that. Q It talks about using excessive force, does it not? A Right. Q Okay. Did you ever notify Officer Bock that he was considered to have been in violation of 306? A specifically? i L_ ~ 2 ~ 0 ~ ~ g ~ 0 ~ ... ~ ~ I 0 ~ ~ ~ N ~ ~ ~ 0 ~ " > m ~ U w x ~ *,1 96 1 Q Yes. 2 No, I don't believe I gave him notice of each A 3 specific section, only because of the charges that was done. 4 Did you give him any notice that he was being Q 5 disciplined for using harsh, violent, profane, or insolent 6 language? 7 Specifically, no. A 8 Oh, okay. All right, let's take a look at 340, Q 9 okay, Acts Or Statements By Officers: Officers shall not 10 perform any acts or make any statements, oral or written, for 11 publication or otherwise, which tend to bring the department or 12 its administrative officers into disrepute or ridicule. 13 Now, can you tell us what section -- part of this 14 section Officer Bock violated: and how did he violate it? 15 16 A I guess any act. Q Okay. So we are talking about an act here; we are 17 not talking about a statement, is that correct? 18 A No, there was no -- basically no statements for 19 publication. 20 21 22 23 24 Q So it is an act -- A Right. Q -- that what? What was wrong with the act? A The act? He -- bring the department or its administrative officers into dispute -- disrepute or -- tall, I 25 guess, under the discipline section, too, yes. I'~' , 1 back in 1986, I believe. 2 3 4 Q Okay. A And everybody was issued a copy of that. Q Okay. You didn't bring a copy of that here by any 5 chance, did you? 6 7 8 A ~ 2 ~ ~ ~ g ... ~ ~ w '" ~ 9 Q Would you agree with me, Chief, that if we are going 10 A I don't know if I have a copy in my file or not. Q Don't you think that it -- I believe I probably do, if I look for it. to charge a police officer with using excessive force, it might 11 be a good idea to have the policy that he violated here? 12 A Yes, there is a copy of it here. 13 Q I ~ ~ ~ " > m ~ U w X ~ 14 A 15 Q 16 May I see a copy of this? Sure. (Handing.) And this starts out, it says Use of Force Other Than Deadly Physical Force. And we can agree that we are not a __ 17 into deadly physical force here, correct? 18 A Correct. 19 Q 20 the. over? 21 A 22 Q That is a -- shooting somebody basically or running Yes, right. Members shall use physical force in arrest and 23 custody situations in strict conformance with the United States 24 constitution and the Constitution and laws of the Commonwealth 25 of Pennsylvania. Pennsylvania Crimes Code Title 18 Section 508 \~ L__ ~ 2 ~ 0 ~ ~ g ... 0 ~ ... '" ~ I ~ ~ ~ N ~ i > m ~ 0 U w X ... 1 2 3 4 lO 11 12 10 invaded per se. Q Yes. That is because nobody else was there, right? A Officer Myers was in the room at the same time, yes. Q But she didn't actually see it? 5 A No, no. 6 Q And we don't know, except for Officer Bock telling 7 us, what happened there? A As far as invading the personal space? Q Um-hurn. A That is -- that is his statement, yes. Q okay. Now, when you told -- 8 9 MR. MCCALEB: Mr. Welby, before you put that letter 13 aside, are you going to introduce that as an exhibit? 14 15 16 17 18 MR. WELBY: Actually I am, but my MR. MCCALEB: Okay, then I want to get it marked. MR. WELBY: My fear is this. This would be MR. MCCALEB: This would be your exhibit. MR. WELBY: But the problem is since I was just 19 given this exhibit here now, I don't have copies for the 20 commissioners. 21 MR. MCCALEB: Well, we will get copies. We will 22 have Mr. Eppley -- don't write on that one. We will have Mr. 23 Eppley make a copy that you can -- oh, is there a copy we can 24 use? 25 MR. WELBY: Just use -- ~ L,_ ~ 2 ~ ... ~ g ~ ~ ~ w ~ ~ I 0 ~ ~ ~ ~ 8 ~ ~ m ~ 0 u w X ... .) 1 2 3 4 10 MR. MCCALEB: okay. MR. WELBY: Do you just want to call this MR. MCCALEB: Call it Appellant's Exhibit 1. MR. WELBY: Appellant 1. 5 (Two-page document, entitled Use Of Force Policy, 6 dated 3une 04, 1987, produced and marked Appellant's Exhibit 7 No.1.) 8 BY MR. WELBY: 9 Q Now, Chief, are you familiar with the use of force 10 continuum? 11 A Somewhat, yes. It has been a while since I went 12 through that. 13 Q Wouldn't you agree with me that the use of force 14 continuum is -- it is a line going from the least use of force 15 to get a job done to the most use of force? 16 17 A That's correct. Q And the least use of force -- use -- the least 18 amount of force necessary to get something done is a verbal 19 command? 20 21 A That is correct. Q Okay. And now, on the other hand, the most is 22 deadly force? 23 24 A Deadly force, correct. Q And it goes from progresaively more serious, from 25 verbal commands -- ~ ~ 2 ~ ~ ~ g ~ ~ ~ W 0 ~ t ~ ~ ~ N ~ i > m ~ 0 U w x ~ ~J 1 2 10 Recommended: Whenever disciplinary action is taken or recommended (except for oral reprimand), a written report must 3 be submitted immediately, in quadruplicate, containing the 4 following information: Name, date, rank of the person 5 recommended for disciplinary action, et cetera, et cetera, et 6 cetera. And it goes down and basically has five elements. 7 Was that done in this case? 8 A No, it was not. 9 Q okay. Now, let's take a look at rule 518, 10 Distribution Of Reports Of Disciplinary Action, and says: The 11 report shall be distributed as follows by the officer imposing 12 or recommending disciplinary action. And then it has a list of 13 who to send them to. 14 Was that done in this case? 15 A I -- one copy to the officer who is the subject of 16 the report. 17 18 Q Yes. A I am assuming that was probably the statement of 19 charges that he was given. 20 Q I think we are talking about the report that is 21 discussed in 517 that wasn't done. 22 23 24 25 A okay, then I would say it was not done. Q Okay. And then section 521, could you please read that into the record for us? A 521? \ ..." L_ ~ 2 ~ 0 ~ ~ g ~ ~ ~ w '" ~ 1 ~ ~ ~ ~ ~ :> 0 ~ > m 8 ... x ... 1 Q 11 In terms of arriving at the process, you said you 2 considered your Rules and Regulations and the Borough Code as 3 well? 4 5 6 7 A Q A Q Yes -- So that the Borough Code also. So that in addition to the Rules and Regulations, 8 you were basing your decision to discipline on the Borough 9 Code, which says 10 11 12 13 A Q A Q 14 correct? 15 16 A Q Yes. -- conduct unbecoming an officer -- Yes. __ is an offense for which discipline can be given, Correct. That is correct. Okay. And that is a separate -- in your opinion and 17 to your knowledge, that is a separate and independent cause tor 18 discipline? 19 20 A Yes. Q Okay. When you first met Officer Bock on AUgust the 21 20th at a time close to the incident itself, his first comments 22 to you are -- I would like you to restate exactly what he said 23 to you. 24 A He said: You might as well suspend me, I did it: I 25 jacked him. h 1_____ ~ 2 ~ ~ ~ g ~ ~ ~ w ~ ~ t ~ ~ N ~ ~ ~ 0 ~ > = ~ 0 U w x ~ .J 1 2 11 Q Okay. And did he have occasion to make another comment similar to that on that same day? 3 A Approximately ten minutes later, he said the same 4 thing: You might as well suspend me, I did it. 5 Q At that point in time, did he say anything to you 6 with regard to Mr. LeBlanc going after him? 7 10 11 A No. 8 Q Did he say anything to you with regard to any 9 physical provocation that he had for going after Mr. LeBlanc? A No, not that I recall. Q Did he say anything to you with regard to Mr. 12 LeBlanc engaging in any type of physical attack towards him? 13 14 A No, I don't believe. Q So within minutes of the incident itself, when you 15 first had contact with Officer Bock, his only comment to you 16 was: You might as well suspend me now, I did it; I just jacked 17 him? 18 19 A Yes. Q Now -- and you considered that comment in reaching 20 your decision to impose discipline? 21 22 A Yes. Yes, I did. Q Did you consider the statement that was made to you 23 by -- that has been submitted by Officer Myers? 24 25 A Yes. Q Did you consider the statement that was made by I~ L_ ~ 2 ~ ~ ~ g ~ ~ ~ w '" ~ I ~ ~ ~ ~ ~ 6 ~ ~ m ~ 8 ~ ~ ) . 11 1 the fingerprint stuff allover it. 2 Did he look agitated? Did he seem agitated? Did he 3 seem upset? 4 A I would say his jaws were locked, yes. 5 And without you saying a word to him, he just comes Q 6 up to you and says: You might as well suspend me, I jacked 7 him. 8 Did you say why? Did you ask him why he did it? 9 A I don't know that I said why he did it. I just -- I 10 believe I had just said, you know, let -- let me find out what 11 is going on here. 12 Q Yes. But did you ever ask him why he did it? 13 I mean, when you -- when somebody comes up to you 14 and says that, wouldn't you agree that the first question you 15 have is why did you do that? 16 A That is very possible. I don't recall if that was 17 done or not. I mean, I really don't -- I don't recall that. 18 Q And you don't -- well, you just don't recall asking 19 him why he did it -- 20 21 A I don't recall asking that, no. Q -- until that time around the August -- around 22 August 28th, when you called him in? 23 24 A Yes. Q One last thing. The conduct unbecoming, you said, 25 was a separate -- as -- apart from the violations of these L~ ~ 2 ~ o ~ ~ g Ii; ~ W III ~ ~ .. ~ . ~ ::J o ~ > m ~ u ... x ... 1 11 rules. Let's take the rules and throw them out for a minute. 2 You said that this was conduct unbecoming, correct? 3 4 5 10 11 12 13 14 15 16 17 18 19 A (Nods head up and down.) Q What is conduct unbecoming? A Well, an officer, under normal circumstances, would 6 remain calm -- or should remain calm and try to handle 7 everything on a nice level even keel: not go off -- shall we 8 say, off the deep end. 9 Q Did this incident have an adverse effect on morale in the police department? A Did it have an adverse morale? Q Yes. His actions that day. A His action? Q Yes. A How do you mean adverse morale? Q Did it adversely affect morale? Did people now, you know, not want to come to work because of what Officer Bock did? MR. FLANNERY: Well, I am going to object to the 20 phrase of the question, if that is the way you want to define 21 adverse morale. That may be just one element. 22 He is asking him 23 MR. WELBY: Well 24 MR. FLANNERY: Let me state the objection. 25 He is asking legal conClusions. k-"\ t__ ~ 2 ~ ~ ~ g ... '" ~ ... ~ ~ . 0 ~ :ll N ~ i ,. m ~ 8 w x ~ ~ I 1 12 impact on morale? That is a factual question. I think he can 2 answer that question. 3 4 MR. WELBY: Yes. THE WITNZSS: Are you saying did the morale of the 5 police department go down because of this incident? 6 BY MR. WELBY: 7 Q Correct. 8 A I would say that the morale did lower somewhat, yes. 9 Q And was it caused, in your -- based on your 10 observation, was it caused by this incident? 11 12 13 A Because of that specific situation? Q Yes. A I don't know if it was the specific situation or 14 whether it was the involvement -- who was involved; I mean, you 15 know, like 16 Q okay. One last thing. Did you ask Officer Bock how 17 he was when you came in, after you heard he had been involved 18 in an altercation? 19 20 21 22 23 24 A I don't recall asking him that, no. Q Whether he was okay or not? A No, I did not. I don't recall that. MR. WELBY: AU right. That is all I have. MR. FLANNERY: Nothing further. MR. MCCALEB: Anybody in the commission have any 25 questions? ~; ~ 2 ~ 0 ~ " ~ '" ~ w ~ ~ I 0 ~ ~ ~ ~ ~ J 0 ~ " ~ = ~ U ... ~ .J 1 2 3 12 COMMISSIONER DIEHL: Yes, I have one. Forgot it. COMMISSIONER STARR: write it down. COMMISSIONER DIEHL: Yes, write it down. 4 EXAMINATION 5 BY COMMISSIONER DIEHL: 6 Q What are the limits, the minimum and the maximum, 7 disciplinary action you could have taken with this alleged 8 incident? 9 Or do you have guidelines for that somewhere? 10 A We don't have specific guidelines for that type of 11 thing. We have oral reprimands, letter of reprimand -- written 12 reprimand, and then suspension is also a part of it. There is 13 no specific set time for suspensions: although depending upon 14 the situations, it can go from a suspension to a termination. 15 Q But there is no like X number of days to X number of 16 days, a maximum or minimum days? 17 18 19 20 A No. Q These are at your discretion and the Mayor'S? A Right. There is nothing written down, right. COMMISSIONER DIEHL: Thank you. 21 BY MR. MCCALEB: 22 Q Chief, when Officer Bock said to you, I did it, I 23 jacked him, what did that mean to you? 24 A Well, I jacked him could mean several different 25 terminologies in -- in the line of police work. One thinq, he 1 , - 2 3 4 5 6 7 8 ~ 9 2 ~ ~ lO ~ g ~ ~ 11 ~ ... '" ~ 12 13 0 14 ~ ~ ~ ~ 15 ~ 16 ~ " ~ 17 m 8 w 18 x ~ 19 20 21 22 23 ~ 24 25 12 BY MR. FLANNERY: Q Mayor, do you want to state your full name for the record? A Harold V. Hertzler. Q And what is your relationship with the Borough of Mechanicsburg? A Mayor with the Borough of Mechanicsburg. Q Would you just please explain briefly for the members of the panel your involvement in the Bock/LeBlanc matter on August the 20th, 1996? A I received a call from the secretary to come to the office. And nothing was mentioned, what the situation was. I arrived at the office about -- I am going to say 3:15, somewhere around there; and the secretary said there was some problems with Earl and a prisoner. I went to my office. The Chief was there, back in my office. I asked him the question what was going on. I don't recall who. But then I asked Earl to come into the office; and he stated that he had picked -- picked Jason up at the prison, went to District Justice Klair's, and was back. And after that, I don't recall because I think the Chief came in: and I told Earl that he -- he was relieved for the day. Q Okay. Were you involved in the decision to discipline Officer Bock? A Yes, I was. j "~.. 1___- ~ 2 ~ ... ~ g ... ~ ~ w '" ~ . 0 ~ ~ ~ N i ~ ~ > m ~ 0 U w x ... ..i 12 1 Chief? 2 Repeat that. A 3 What, if any, weight regarding the three day Q 4 suspension did you give for the recommendation for discipline 5 given to you by the Chief? 6 A I thought it was fair. Him and I discussed that 7 there could have been other alternatives; but in the best 8 interest of everybody, I think this was the most practical 9 because I was concerned of the seriousness of the offense of 10 the Officer, what transpired, and also if anything would happen 11 down the road. I think it was fair though. 12 MR. MCCALEB: The next one is 17. 13 (One-page document, a letter, dated September 05, 14 1996, produced and marked Borough Exhibit No. 17.) 15 BY MR. FLANNERY: 16 Q I am going to show you a document which I marked for 17 identification purposes as Borough Exhibit No. 17. 18 19 MR. WELBY: September -- yes, I have got that. MR. FLANNERY: You do. 20 BY MR. FLANNERY: 21 22 23 24 Q And ask if you can identify that document? A Yes. Q What is that document? A This is -- this is my letter to Patrolman Bock 25 stating due to the investigation, that -- of his three day c ~ 2 ~ ~ ~ g ... '" ~ w ~ I ~ ~ i ~ ~ Ci ~ u ! J 1 2 12 suspension. Q Okay. Did you have an opportunity to meet with 3 Officer Bock at the time that he was given this notice of 4 suspension? 5 6 Yes. I handed it to him personally. A Q Okay. To your knowledge, was Officer Bock given the 7 opportunity to appear before borough council to explain his 8 version of events with regard to his discipline? 9 10 11 12 13 14 15 16 17 18 19 A Yes, but I don't know -- I don't remember the date. Q Okay, but at the time that he appeared before borough council, was he represented by legal council? A I thought yes. I don't know -- Q And was he given the opportunity to explain his side of the story? A Yes. Q And that was all done before borough council ruled on his discipline? 20 A U1lI-hum. Q You have to answer. A Yes. MR. FLANNERY: I have nothing further. CROSS-EXAMINATION BY MR. WELBY: 21 22 23 24 Q Mr. Mayor, taking a look at the exhibit you were 25 just referring to -- L_ ~ 2 ~ ~ ~ g ... "' ~ w '" ~ I 0 ~ ~ ~ N ~ ~ 5 ~ 0 > ., ~ 0 u ... x ~ . 0"...." 12 1 A Yes. 2 -- I notice in there that it says: The disciplinary Q 3 action I am taking is a three day suspension without pay 4 effective September 6, 7, and 8, 1996, along with your 5 enrollment in an anger counseling class to be set up by the 6 Borough. 7 Am I correct that you dropped that part of the 8 discipline? 9 It has been set up by the Borough, I know. In the A 10 past, it has been set up. But I have no concern if it is 11 dropped because I think my Officers have gone through the 12 class. My concern for that was the fact that if there is 13 something down the road that I am not aware of with Earl, that 14 that can be prevented. 15 MR. FLANNERY: Sean, we would stipulate that that 16 has been withdrawn as an element of discipline. 17 MR. WELBY: Okay, okay, that is fine. 18 BY MR. WELBY: 19 Q One other question. You said that one of the things 20 you thouqht about was down the road. 21 What else was down the road besides future problems 22 with Officer Bock? 23 24 A What do you mean? Q What else did you -- you said that because of the 25 things down the road. 1 , 2 3 4 5 6 7 8 ~ 9 2 ~ ~ 10 ~ g ... '" 11 ~ w ~ ~ 12 13 0 ~ 14 ~ ~ N g 15 ~ ~ 5 16 ~ " > m 17 ~ 0 u w 18 x ~ 19 20 21 22 23 24 25 13 on a case because I really don't think they have established the elements of the case. HR. MCCALEB: Mr. Flannery? HR. FLANNERY: Oh, there is no question that we not only satisfied the elements of the case, but, in our view, we have satisfied the burden to prove the case to have the Commission uphold the discipline. It is important to recognize that the legal definition this is very important to understand here -- that there are two bases upon which this discipline was imposed. The first was a violation of Borough policy of the Rules and Regulations. The second -- and completely independent of the Borough Rules and Regulations -- is the overriding obligation that every borough police force has in the Commonwealth of Pennsylvania, that it must operate in a manner consistent with the Borough Code. The relevant section of the Borough Code here is Section 46190, which says that a police officer can be suspended, removed in rank, or reduced, and lists the following reasons. One of the following reasons is conduct unbecoming of a police officer. That definition is not given to us in the statute. We need to go to the case law to find the definition of what conduct unbecoming a police officer is. It is important to recognize that under Pennsylvania 1 2 3 4 5 6 7 8 ~ 9 2 ~ ... 10 ~ g ~ ~ 11 ~ w '" ~ 12 13 ~ 14 ~ ~ i 15 ~ 16 ~ > 17 m ~ 0 u ... 18 x ~ 19 20 21 22 23 , 24 25 13 law, police officers are held to a higher standard of care than others in terms of the performances of their duty. They are the only individuals within the Commonwealth of Pennsylvania who have a state authorized license to carry a weapon, to arrest individuals, and to enforce the law. As a result of that, Pennsylvania courts have said that the conduct of law enforcement personnel must be, quote, above and beyond reproach. Law enforcement officers are properly required to adhere to demanding standards which are higher than those applied to any other profession. What are we talking about here in terms of conduct unbecoming of an officer? The legal definition qiven to us by the Pennsylvania Supreme Court, which we can supply to the Commission in terms of a written brief, if that is what you prefer, define conduct unbecoming an officer very generally: Conduct unbecoming an officer in part -- or unbecoming conduct on the part of municipal police, especially a policeman or a fireman, is any conduct which adversely affects the morale or efficiency of the bureau to which he is assigned. It is an indispense -- it is indispensable to good government that certain amounts of discipline be maintained in the public service. Unbecoming conduct is also any conduct which has a tendency to destroy public respect for municipal employees and confidence in the operation of municipal employees. l~ 1_.._. ~ 2 ~ ~ ~ g ~ ~ ~ ... ~ ~ I 0 ~ ~ ~ ~ ~ 0 ~ > m ~ 0 U ... X ~ 13 1 Any conduct which has the tendency to destroy public 2 confidence or respect in the government body, that conduct, if 3 performed by a police officer, constitutes conduct unbecoming 4 of an officer. 5 The cases are legion, which have upheld discipline 6 far greater than a three day suspension. There are numerous 7 cases where comments alone -- racial and ethnic epithets alone 8 constituted sufficient conduct to justify the termination of a 9 police officer. 10 In this particular case, where we have shown that 11 this individual, based on the evidence which has been 12 submitted -- that the individual, without reasonable 13 provocation, used a choke hold on an inmate, established 14 control of that inmate, was to the point where coworkers were 15 trying to get this individual to release his hold; and the one 16 statement submitted by one of the officers, quote, she was 17 peeling his fingers off of the inmate's neck, then to have him 18 relax that hold and go back at that individual again, it is our 19 position that considering the standard of conduct unbecoming of 20 an officer, that we have more than established a prima facie 2l case. 22 That if you believe that Officer Bock, without 23 reasonable provocation, used that choke hold unnecessarily, 24 continued the choke hold unnecessarily, and then went back at 25 him a second time, while two other officers were in the room I~ L~_ ~ 2 ~ ~ ~ g ... '" ~ W 0 ~ , ~ ~ ~ ~ ~ > m E 0 U w x ~ ,J 13 1 carrying weapons, found it necessary to go back after him 2 another time and apply the choke hold; if you conclude that he 3 acted unreasonably under those circumstances and that is the 4 type of conduct from -- that would cause the public to lose 5 respect for law enforcement officials, then we have more than 6 satisfied the definition of conduct unbecoming an officer for 7 purposes of this proceeding. 8 MR. MCCALEB: Mr. Welby? 9 MR. WELBY: Very, very briefly. I think Mr. 10 Flannery hit it on the head when he talked about the question 11 of whether they have proven a prima facie case for conduct 12 unbecoming of law when he said without reasonable provocation. 13 I would submit that he has got to somehow come in and prove 14 that there wasn't reasonable provocation. 15 Have you heard any testimony here today that says 16 there was no reasonable provocation? 17 The only evidence that we have got on the record 18 right now is the statement made to the Chief of Police by 19 Detective Bock that says he invaded my space, I went to slap 20 him, he grabbed my arm, then I choked him. That is the only 21 testimony you put on here today to establish provocation. 22 23 24 25 MR. FLANNERY: Urn-hum. MR. WELBY: And I would say with regard to that, I don't think they made out a prima facie case. However, if we want to concede that there is an , I- I- ~ ~ 2 ~ .. ~ g ... ~ ~ w '" ~ i ~ '" '" N ~ - a ~ > m ~ u ... x ... 13 1 issue here that I have got to put on testimony for evidence, 2 then with regard to the other violation, the violation of Rules 3 and Regulations, I think we can all agree that while that was 4 charged in this case, it definitely hasn't been proven. And 5 before I have to go through the time and expense of putting on 6 a case, I would like a ruling on that. 7 MR. MCCALEB: Just so I am clear on what you are 8 asking for, Mr. Welby 9 MR. WELBY: Um-hum. 10 MR. MCCALEB: If you are asking for a directive 11 verdict in the form of a nonsuit because the Borough's 12 evidence, as presented, does not meet the charge, I think your 13 motion is inappropriate at this time because you have already 14 placed into evidence two exhibits, Appellant's Exhibit 1 and 15 Appellant's Exhibit 2. So a factual issue has been joined. 16 Now, at this point, you may choose to rest your 17 case, in which case the Commission will decide the issue, based 18 on what it has heard to this point; or you may proceed and 19 present additional evidence, which the Commission will consider 20 in all of these charges. That decision is yours. 21 I don't think a nonsuit is appropriate at this 22 point, but you may rest or proceed. 23 MR. WELBY: Then I will not rest, and I will 24 proceed; but I would take a brief break because I think this 25 will be a while. l~ ~ 2 ~ ~ ~ g ~ ~ ~ w '" ~ } ~ ~ ~ ~ ~ 6 ~ " > m ~ 8 w x ~ J 1 13 DIRECT EXAMINATION 2 BY MR. WELBY: 3 4 Q Officer Bock, would you please state your full name? A My name is Earl: middle initial is D: last name is 5 Bock, spelled B-O-C-K: and I am the II. 6 7 Q And by whom are you currently employed? A I am a full-time employee of the Borough of 8 Mechanicsburg. 9 10 II Q In what capacity? A Full-time police officer. Q And how long have you been a police officer in the 12 Borough? 13 14 A In the Borough, for about 15 and a half years. Q Okay. Now, could you tell us whether you had had 15 occasion to have professional dealings with Jason LeBlanc prior 16 to August 20th of 1996? 17 18 19 A Yes, I did. Q Could you tell us what those were? A My first contact with him was in conjunction with 20 a -- an investigation that was going on, primarily being led up 21 by Detective Sergeant Bradley of our police department here, 22 concerning Mr. LeBlanc and another gentleman by the name of 23 George Miller, who were arrested for discharging a hiqh-powered rifle here in the Borough of Mechanicsburg in back of the 25 Citizens Fire Company here in Mechanicsburg. 24 i., 1_. _ ~ 2 ~ ~ ~ g ... '" ~ w ~ ~ i ~ ~ ~ ~ 5 ~ > .. ~ 0 u w X ... ....1 10 13 1 My first contact with him had to do with a consent 2 search that we did of his residence, which was authorized by 3 his girlfriend slash wife at the time, in retrieving this 4 this assault weapon, this this rifle that he had in a 5 trailer in Middlesex Township. 6 That was really the first and -- and only previous 7 contact before the 20th that I have had with him. 8 Q And can you tell us, leading up to August 20th, 9 1996, how you had to have contact with him aqain? A I, for the last three years prior to this -- or for 11 approximately three years prior to this, have been assigned to 12 work criminal investigations for the police department. And I 13 was working a 4:00 to midnight shift here in the Borough of 14 Mechanicsburg: and myself and the other uniformed officers were 15 dispatched to an active fight in progress on South Market 16 Street, across from Rakestraw's Ice Cream Store. When we got 17 there, we encountered two individuals who were essentially down 18 and bleedin9 in the street in front of a residence, I believe 19 at 210 south Market Street. 20 The investigation, which led up to this, had to do 21 with an an assault: in which we eventually found that Mr. 22 LeBlanc was one of the assaulters, who had fled the scene just 23 prior to -- to our -- our arrival there. We had gotten 24 information that there was some of the combatants which were 2~ upstairs in the second floor apartment of that ad~rese, and we r~ ~ 2 ~ 0 ~ ~ g ... '" ~ w ~ ~ , 0 ~ ~ '" N ~ ~ 5 ~ " .. m ~ 0 u w X .. ....___.1 14 1 what they are: like a lion, a dog, or a name or something like 2 that. Some of them are -- are a little on the bizarre side. 3 So rather than trying to -- to denote exactly what 4 each and everyone of these tattoos were and the location on 5 his body, I thought that it would be easier if we photographed 6 them with a Polaroid camera and keep in his file: and if there 7 was something needed at a later time for identification of him, 8 that -- that those photographs could then be used. 9 I can't say when he was alone with Officer Myers in 10 the room exactly what his demeanor was. I certainly can say 11 that I didn't hear him yelling and screaming anymore: but when 12 I came into the room, he -- he started in with the verbal abuse 13 and verbally assaulting me, and the -- the language and -- and 14 innuendos. 15 He was making comments to the effect that Sergeant 16 Bradley and I were -- were homosexual, and that we engaged in 17 sexual acts with each other and so on and so forth. And -- and 18 Officer Myers was trying to -- to -- to do what she could to 19 try and keep him calmed down and try to -- to minimize the -- 20 the amount of -- of abuse that was going on. But it was -- it 21 was very difficult for anyone to do at that point. 22 Q Now, did you respond at all to these statements? 23 A Yes, sir, I did. 24 Q And what did -- 25 A A few. ,,<, " '1_ ._k .. 2 a: 0 ... " g >- ., a: "' ., S t 0 ~ .;, .. '" ~ .. is a: " > 01 l'j U "' ;: -' 14 1 other officer's personal safety? 2 A At -- at that point in time, the -- the threats 3 to to my safety didn't necessarily mean anything at that 4 time. However, I -- I did feel that this was a person who has 5 absolutely no respect for authority whatsoever and felt that he 6 was more than capable of carrying out the threats that he 7 was -- he was alleging that he would do. 8 I can't say right at that particular time that I was 9 in -- in great fear for my safety, at least not until the 10 the the matter continued on from that point anyhow. 11 Q Could you tell us about that? 12 A I was -- was in -- already in the process of 13 fingerprinting Mr. leBlanc, and I had both of his hands done. 14 I was doing four fingerprint cards and two column print cards. 15 We were probably about halfway through with the processing when 16 he again started becoming more and more aggressive towards me. 17 18 I was in the process of of reinking the -- the fingerprint plate that we have, or or just re-rolling the 19 the ink over the -- over the plate, and had turned away from 20 him for a second; and he had -- had said something or the 21 other. This was -- was in the process of him making comment 22 about that I was going to need rehab and so forth. And he then 2) took at least one and possibly two steps towards me in my 24 direction, in what I perceived to be that -- that he vas coming 25 after me at -- at that point in time. I....., '-- .. 2 l'j ... " g >- ., a: "' <II S ~ .;, ~ i .. ~ " i "' :r >- , ..., 10 11 12 14 1 When he did this -- 2 Q If you could, could you tell us where you were 3 standing in the room and where he was located; and describe it 4 for the 7 A Q up. A that we Street; along the -- the driveway that comes in alongside of 8 If this table were the -- were the -- the platform 9 use for fingerprinting, it would be along Frederick the police station, on the east side of the police station. The counter is roughly about, oh, I would say three to four 13 feet high; and it kind of dead-ends with the refrigerator on 14 15 16 17 18 this side of me, the -- the mug shot camera is directly behind me, and then there is farther area here behind me. Officer Myers would have been standing back at the other counter, vhich is basically like a kitchenette behind me and -- and a little bit to the right and just right in along 19 where the sink is. 20 MR. MCCALEB: Officer Bock, excuse me, but just for 21 the benefit of the record, let's make it clear that you are 22 standing facing the table. 2) 24 25 THE WITNESS: I -- I am facing east at this point in time. MR. MCCALEB: You are facing east. ~ .. 2 l'j ... " g >- <II a: "' <II S I 0 ~ .;, ~ ~ .. is a: " > 01 a: 0 u "' :r >- .J 15 1 against the wall, which is when the -- the cans and recycling 2 bin and everything kind of -- kind of went helter-skelter. I 3 was -- was hoping that at that point, that maybe by that 4 impact, that that would cause him to let go of me; but it 5 didn't. And when it didn't, the next thing that I did was 6 was went for his -- his neck. 7 And why did you do that? Q 8 A I would have to say it was just completely a -- a 9 defensive move on my part. I -- I -- he had a -- a good a 10 good grip on my wrists, and I didn't figure that I could do 11 anything else; and that was the most direct way to go. 12 I felt that if I could get control of him that way 13 and maybe try and -- and -- and choke him out, that he would 14 let -- he would let go of me. And that was the only avenue 15 that that I could think of going to at that point in time. 16 Q Now, who was in control of the situation at this 17 point in time? 18 A Well, I would have to say at that point in time, Mr. 19 LeBlanc was pretty much in control; as much as I -- I don't 20 like to admit that. But Mr. leBlanc was in a position where he 21 had both of my hands, and and I felt very vulnerable; not 22 only for my part but also for Officer Myers, who was -- who was 23 still in the room at that time. 24 Q Now, have you been provided with any training that 25 speaks of the importance of control? l~ L.._ .. 2 l'j ... " g >- <II a: "' <II S . ~ .;, ~ ~ .. ~ " Ii a: 8 "' :r .. -~ 15 1 district attorney's office had approached it was that that ;1 weapon, being in close proximity to the marijuana plants that 3 were growing in his closet, was there for protection; and for 4 that reason, that was an implement of the crime. And -- and we 5 seized the weapon and charged him appropriately. 6 Due to some recent changes in the case law regarding 7 weapons and and -- and the instruments of crime, the Judge 8 didn't feel that -- that he had violated the law as far as that 9 was concerned; but he was found guilty of all the remaining 10 charges. 11 MR. WELBY: That is all I have. 12 CROSS-EXAMINATION 1 3 BY MR. FLANNERY: 14 Q Officer Bock, when you -- let's just get it right 15 out on the air. 16 When you say he was found guilty of the charges, you 17 are talking about the charges that arose out of the incident on 16 the night in question; when there was a fight at the residence 19 on Market street? 20 21 A On South Market street, yes, sir. Q They are the charges for which -- that he was tried 22 recently, and you just outlined your understanding? 2) 24 A Yes, sir, that is correct. Q Do you know -- you have been a police officer for 18 2'> years? I .~ \-.--- .. 2 a: o ... " g >- <II a: "' <II S o ~ .;, ~ i .. is ~ >- 01 a: 8 "' :r >- 10 11 12 13 14 15 16 17 18 16 1 individual that you are fingerprinting, correct? 2 A Yes, sir, that's correct. 3 o In fact, wouldn't it also be correct that it would 4 be very difficult to do the fingerprinting without being in 5 physical contact with the person that you are fingerprinting? 6 A Absolutely. 7 Q And, I mean, more than just contact with their hands 8 and the fingerprints, it is likely that your bodies will be 9 touching one another? A In some cases, yes, sir. o And so with all that had transpired on this day -- well, let me just take a step back. You are aware of the fact that at this point in time, that Mr. leBlanc did not have any type of handcuffs on? A Yes, sir, I was. o okay. So in light of all of the events that had transpired that day, you made the decision that you would now engage in the process of fingerprinting Mr. leBlanc; 19 recognizing that he had been directing threats and taunts 20 21 22 23 ~J 24 towards you, and recognizing that you would be in direct physical proximity? A Yes, sir, I did. 0 Now, the story that you -- version of events that you gave just a few moments ago -- would I be correct in my 25 understanding, Officer Bock, that people tend to remember ~ 1_ .__.. .. 2 l'j ... " g >- <II a: "' <II S , 0 ~ ,;, ~ 8 ~ .. ~ " >- 01 a: 8 "' :r >- ....J 16 1 A I mean, I -- I think he asked me initially, when he ;1 came in and -- and I encountered him, what had happened. And 3 I -- I -- you know, I think I gave him maybe brief details of 4 what had happened, but this was moments after the altercation 5 had taken place. 6 Q Okay. So moments after the altercation, isn't it a 7 fact that what you said to the Chief was: You might as well 8 suspend me now, I jacked him; I did it? 9 Yes, sir, I believe I have already testified to A 10 that. 11 Q You didn't say to him: Chief, I was fingerprinting 12 him, he took one or two steps towards me, I had to hit him in 13 the face, that is when he grabbed me. 14 That is not what you said to the Chief when you 15 first saw the Chief, was it? 16 A If he says that what you just read there is what I 17 initially said, then I am sure that is true. 18 Q Okay. Now, you were sent home on this day for the 19 balance of the -- of your shift, correct? 20 21 A Yes, sir, I was. Q And you were given the opportunity to meet with the 22 Chief again to discuss what had transpired, weren't you? 23 24 A Now, when are you talking about when you said you Q Well, isn't it a fact that you met with the Chief on 2~ August the 28th, 1996, at approximately 1625, 1630? I !'"""" 1__- .. 2 l'j ... " g >- ., a: "' ., S I 0 ~ .;, on '" ~ .. is a: " >- 01 a: 0 u "' :r >- -J 16 1 A I -- I may very well have, yes, sir. 2 Q Okay. And isn't it a fact -- now that was two days 3 after the event that had taken place? 4 Right, right. A 5 Q You had calmed down by this point? 6 A Yes, sir. 7 Q Okay. Isn't it a fact that in your meeting with the B Chief on August 28th, 1996, that at that time, you didn't tell 9 the Chief: He took one or steps two steps towards me, I had 10 to hit him with the back of my hand, that is when he grabbed me 11 by the wrist? 12 That is not the story that you told the Chief then, 13 is it? 14 A I am not sure what my discussion was with the Chief 15 at that point in time, no. I -- I don't know if I told him 16 that or not. 17 Q Well, Officer Bock, how is it possible that you are 18 able to vividly recall today all of the events that had 19 happened on August 26th (sic); yet, you are not able to vividly 20 recall your conversations with the Chief? 21 A Well, I would have to say because that was a -- 22 an -- an important moment or -- or a -- a critical moment that 23 happened in -- in -- in the course of my duties, that -- that 24 sticks out in my mind; whereas, the meeting that I had with the 25 Chief, I -- as much as I hate to say it, would be rather I L_._ 1 MR. FLANNERY: I mean, I beg -- I apologize with the 2 dates. The date of the meeting with the Chief was August 28th. J The incident was August 20th. And let the record reflect that. 4 THE WITNESS: Well, in -- in -- in that case, I 5 would have to say if that much time -- because I remember 6 talking -- I believe talking to the Chief on two separate 7 occasions in -- in regards to this. And if this was a week 8 later, then I am quite sure that perhaps the reason why I .. 2 a: o ... " g >- <II a: "' '" S 9 didn't really go into any great detail with the Chief is 10 because my attorney had already told me not to. 11 There was already a -- an investigation going on at 12 that particular time, an internal investigation; and I am quite 13 sure that if I didn't give him a whole lot of detail of the o ~ .;, '" '" ~ 14 case, there was a specific reason for that, if it was eight 15 days later. .. is a: " >- 01 a: o u "' :r >- 16 BY MR. FLANNERY: 17 Q All right. So before you were suspended, suspended 18 which brought about the civil service proceeding which we are 19 here today, you did have the opportunity to meet with the Chief 20 on the day of the incident also? 21 A Very briefly, yes, sir. 22 Q And sometime after that, AUgust 28th, you again met 23 with the Chief to discuss your version, what you recall about ,J 24 the events? 25 A If you tell me that it -- it was on the 28th, I 17 t~ .. 2 l'j ... " g >- <II a: "' <II S ) 0 ~ .;, ~ ~ .. ~ i 0 >- 01 8 "' :r >- . ~ 1 2 17 won't disagree with you. Q Okay. And both of those meetings occurred before J you received notification of your suspension, correct? 4 A I believe the -- the letter that I received 5 regarding my suspension, I got on the -- I want to say either 6 the 4th or the 5th of September. So that would be true. 7 Q And then after you received notification of your 8 suspension on September 4th or 5th of 1996, you were given the 9 opportunity to appear before borough council to discuss your 10 suspension? 11 12 A yes, sir, I was. Q And is it a fact that you did, in fact, appear 13 before an executive session of borough council to discuss your 14 suspension? 15 A I was here, but I didn't discuss anything with 16 borough council. 17 Q You were isn't it a fact that you were 18 represented by counsel 19 20 21 22 A Yes, that's correct. Q -- meeting council that evening? A Yes, sir, I was. Q And isn't it a fact during the course of that _3 meeting with borough council, you had the opportunity to hear 24 the attorney for the Borough outline for borough council all of 25 the evidence and the documentary evidence that they had against I I, L_ 1 Q Okay. And you were aware that Officer Myers was in 2 the room while this was taking place? 3 A Yes and no. I had my back turned, and I can't say 4 that I I knew for sure that Officer Myers was there; but 5 after the the physical altercation took place, I was aware 6 that she was there. So she had to have been in the room. She 7 had 8 Q And at some point in time while the event was taking .. 2 l'j ... " g >- <II a: "' <II S 9 place, you became aware of the fact that Officer Agresta was 10 also in the room? 11 A Either -- either in the processing room or in the 12 hallway. I am not sure where exactly it was that she came into 13 play; but, yes, I was aware that Officer Agresta was there. o ~ .;, ~ i ~ a: " >- 01 a: o u "' :r >- Q But isn't it a fact that while you had ahold of Mr. 14 15 LeBlanc, that Officer Myers was attempting to get you to 16 release your hold on Mr. leBlanc? 17 A She testified that she was; and I believe that she 18 was, yes. 19 Q Isn't it a fact that she was saying things to you 20 like: Earl, it is not worth it? 21 A I am not sure if she said that. I can't recall if 22 she actually said those words to me or not, no. 23 Q Isn't it a fact that she went through a series of . ~ of events with you at that point in time in an effort to try to 24 25 get you to release your hold? 17 L-, MR. WELBY: Objection. 1 2 MR. FLANNERY: Well, he opened the door. 3 MR. WELBY: This calls for speculation. Sure he 4 could have. Anybody could have. I could have. 5 MR. MCCALEB: You could ask him whether he would 6 have or could have. 7 THE WITNESS: Yes, sir, I suppose that I could have. 8 BY MR. FLANNERY: .. 2 l'j ... " g >- <II a: "' ~ 9 Q And you did not? 10 A No, sir, I did not. 11 Q Nor did any other officer who was present in 12 Mechanicsburg Borough Police Department on the date of this 13 incident, to your knowledge? ~ .;, .. '" ~ 14 A To my knowledge, there were no charges brought 15 against Mr. leBlanc. .. is l!i >- 01 a: o u "' :r >- 16 Q From the time that the incident began, the first 17 part of the incident, where you went for Mr. leBlanc's neck, 18 isn't it correct that you were moving in a forward direction, 19 and he was moving in a backwards direction as you went towards 20 the door? 21 A Oh, most definitely, yes, sir. 22 And after you had released your grip and then went Q 23 for his throat the second time, as that incident was taking ....) 24 and you put him against the wall -- the southern wall, I 25 believe, in the hallway, again, you were moving in a forward 18 !, 1 Q ~. - 2 A okay. And so I would say that we were roughly about 3 halfway through. 4 Q Well, would that mean that you had fingerprinted 5 both hands or just one hand at one point? 6 A No, I that means I would have fingerprinted both 7 hands at that -- at -- to -- to some degree, at least, at that 8 point. .. 2 l'j ... " g ~ ., a: ~ S 9 Q 10 A 11 Q 12 A 13 Q ~ .;, ~ ~ i okay. All ten fingers then? That, I can't say. During this process, did he resist at all? I can't say that he did, no, sir. Okay. I assume that if he did, you would remember 14 something like that? 15 A That, along with I think the fingerprints would 16 probably reflect that; and I don't recall that I had to do a 18 17 new set of fingerprints on him. So I would say that I was able >- 01 l'j U "' :r >- 18 to roll his prints discernibly; I mean, during that period of 19 time. 20 Q Well, would it be fair to say then that he was 21 cooperative physically during that part of the process? 22 23 to say. 24 A Yes, sir, I believe that -- that would be accurate Q okay. And during that part of the process, you were 25 not aware of any physical attempts on his part to touch you? l'~ L_ 1 Expertise Resume, produced and marked Appellant's Exhibit No. 2 3.) 3 MR. WELBY: (Handing.) I think I have enough for 4 everybody. 5 MR. MCCALEB: We will share this. 6 BY MR. WELBY: 7 Q And can you tell us what specialized training you 8 have had in the area of personal defense and use of force for .. 2 a: o ~ " g >- ., a: "' ~ 9 police officers? 10 A Well, I -- I have had certified -- well, I am a 11 certified firearms instructor. I have been a certified 12 firearms instructor for transitional training. That means 13 going from revolvers to semiautomatics. o ~ .;, ~ ~ 14 I am also a certified instructor in the use of 15 chemical agents: Mace, tear gas, and devices like that. I am .. ~ o a: " >- 01 l'j U "' x >- 16 also a certified instructor in the ASP baton, night stick. And 17 I am a certified instructor in the use of distraction devices; 18 and that goes on with -- or is tied into tactical operations, 19 SWAT operations. 20 Q Now, it says on your CV that you are an instructor 21 in self-defense but not certified? 22 A Well, there isn't any specific certification per se, 23 that I know of, in this state; although you can -- you can qet ~ 24 a certification to teach at someplace like HAce. I don't know 25 of any other ones. 19 \~~ 1 area where he has just admitted he is not certified as an 2 instructor or as an expert, an opinion as to whether the amount 3 of force that was given was, in fact, excessive or not. 4 I suggest to you that is a factual determination and 5 a legal determination which is vested exclusively in this body 6 to make that determination, based on the testimony of what you 7 have already heard involving at least three police officers who 8 were present during the incident in question. .. 2 l'j ... " g >- <II a: "' <II S 9 So we would object that we believe that he does not 10 qualify and satisfy the standard fitting an expert witness in 11 this particular area. And we also object to any need to have 12 expert testimony at this particular time. 13 MR. MCCALEB: Mr. Welby, in response? ~ .;, ~ ~ i >- ~ MR. WELBY: Yes. Well, a need for expert testimony, 14 15 I would draw your attention to the specification of charges in 16 this matter. The Specification of charges states: Our 17 investigation of the incident revealed that you used excessive "' :r >- 18 force in violation of Department policy. 19 Not that you used force unjustly, but that you used 20 an excessive force. Excessive force implies that you used more 21 than is called for under the circumstances. 22 This is a red herring that the Borough is trying to 23 say that, oh, we are now changing our mind about what the "...J theory of this case is. Having had their case fall apart on 24 2~ them, I would change my theory, too; but they can't. We have 19 ~"'\ .. 2 a: 0 ... " g >- ., a: "' <II S 1 ~ :il .;, .. N ~ .. :> 0 ~ >- III cr C U "' :r >- ; ......~ 10 20 1 I think that is extremely significant, yes. A 2 Now, the benchmark, as I understand your testimony Q 3 here as an expert with regard to use of force, is -- I think 4 you said the words twice -- restraint and control, is that 5 correct? 6 That's correct. A 7 So once -- this is not a case where there was any Q 8 question about the use of deadly force, correct? 9 A Correct. Q So we are talking about appropriate measures of 11 nondeadly force. And when we are talking about those elements, 12 what we are really concerned about is an officer needs to use 13 the force necessary to obtain restraint and to gain control, 14 correct? 15 16 A That's correct. Q So in arriving at your opinion then, am ~ correct in 17 understanding that you considered the fact that this tncident 18 happened in the police station; and that at the time that the 19 incident was transpiring, there vere at least three officers in 20 the room, two of whom were armed? 21 A That would -- well, I did not read that there were 22 three people in the room when it initiated. I read that there 23 were maybe two. 24 25 Q Right. A But the fact that at least one was araed and if two ~"" .. 2 a: 0 ... " g >- <II a: "' <II S j 0 ~ .. .. '" 8 '1' .. :> ~ > .. !f U "' :r >- ,...".) 21 1 Officer Myers, Officer Agresta, and I believe Sergeant Bradley 2 was directed to do an internal investigation. 3 Q All right. Now, I would like you to go over your 4 meeting with Officer Bock on August the 28th. 5 What, if anything, did you ask him at that time 6 regarding the investigation? 7 A Basically what I did is I asked him to relate to me 8 what transpired at that particular -- that incident that day. 9 Q Did Officer -- what, if anything, did Officer Bock 10 say to you at that time about not being able to talk to you on 11 advice of Counsel? 12 13 14 15 16 17 A He told me that I -- he told me to talk to his attorney. Q Did he object to talking to you? A Basically not no, no. He didn't he didn't object to talking to me, giving me information. Q Okay. Now, what did he say to you in response to 18 your question, when you asked him for a statement of what had 19 transpired? 20 21 22 23 24 25 A May I read from my -- Q You may. A -- rough draft? MR. WELBY: Am I going to get a copy of these notes? MR. FLANNERY: Sure, you are. MR. WELBY: And they are contemporaneous? , .. 2 a: o ... " g ~ ., a: "' ~ o ~ .. ~ ~ I >- 01 a: C U "' :r >- ,.,...1 1 A 22 Well, I understand invaded my space. I understand 2 that terminology. 3 Q What do you understand it to mean? It means somebody is coming towards you. Okay. So Officer Bock told you that this guy was 6 coming toward him? 10 11 12 13 14 l!: 16 17 18 , .. A okay. And the next: I brushed him away. That is what he said. How do you brush somebody away? I don't know. That is the statement he gave me, And you didn't ask him what do you mean by brushing I asked him to relate to me. I did not ask him any more questions over the case. Q Well, would you agree with me, Chief, that Officer Bock had testified that he had pushed him away with the back of l~ his hand, hit him with the back of his hand? 5 Q 20 8 A Q A Q A sir. Q away? A MR. FLANNERY: Now, wait a minute, isn't it true 21 which question are you asking? You just asked him two. 2:> 9 He didn't testify today that he pushed him away. He 21 testified that he hit him with the back of his hand. 24 2, MR. WELBY: Hit him with the back of his hand. THE WITNESS: That is what I heard testified to ~, .. 2 a: 0 ... " U 0 ~ '" a: "' '" S , 0 ~ .. :Il '" ~ .. " 0 a: " >- '" a: C u "' ;: ...., 22 .. A There are portions of what, sir? l. Q Of the conversation that you had with Officer Bock J on August 28th, 1996, that are not written in this notes -- in 4 these notes and that you do not recall? 5 A There probably were conversations on the 28th that G are not in these notes, yes. " Q And part of this conversation? II A Part of this conversation? ') Q This conversation that we are talking about right 10 here. L A Yes, this conversation basically is what Officer 12 Bock related to me that transpired on the 28th of August. 13 Q And this is possibly not everything that he related lq to you, is it? 1'- .J A Well, there may be a few more small words left out 11i to condense it down. 17 in Q Okay. But you don't know? You don't remember? A I don't remember precise words, no. I did not 1'1 record this statement. I basically wrote it down so that I 20 would have the crux of the interview there. L Q Okay. So am I correct that you only asked him one 2~ open-ended question? 2 I ~t .1 ", ,. . ^ I believe that is probably the only question I asked him because, as you see, the time frame it was was from 1625 to approximately 1630. ........ :! J ,1 5 I; ., a .. <) 2 a: 0 ... 10 " u 0 >- <II a: 1::. ill S 12 D 0 ~ 1 :~ .;, .. '" 8 1'- .. .J .. is 1') a: " >- 01 I" a: c u "' :r 1:1 .. 1'l 21) 2! ~.. <.. :; I ,..) 2. 2', 22 there was anything different, I don't -- I don't recall. Q If there was anything different, you probably would have brought Officer Dock up on some charges of giving false statements, would you have not? MR. FLANNERY: Objection, objection. Totally speculative and not an element of this case. MR. WELBY: Now, totally speculative. That is an interesting argument because at one point in this particular proceeding, Mr. Flannery made a huge point of why charges were not filed against Mr. leBlanc. I am asking him the same exact question. I am asking for the same exact consideration. MR. MCCALEB: I think it is fair cross-examination. Go ahead. BY MR. WELBY: Q If something was different here, you would have probably brought charges against this guy, right, tor lying to you? A I may have considered that, yes. Q Okay. Just like you may have considered bringing charges against Mr. leBlanc for this -- for his role in this? A Yes. MR. WELBY: Okay. That is all I have. REDIRECT EXAMINATION BY MR. FLANNERY: Q And just following up on that point. It the 1 Q Okay. So you had gone somewhere, and then came ....... I 2 back; and he -- 3 A Yes. 4 Q And -- and he again made that statement to you? 5 A Yes. 6 COMMISSIONER DIEHL: Okay, thank you. 7 MR. MCCALEB: Any other questions, commissioners? 8 COMMISSIONER STARR: No. .. 2 a: o ... " u o >- ., a: "' <II S 9 COMMISSIONER HANLON: No. 10 MR. MCCALEB: Okay, you may step down. 11 MR. WELBY: I will surrebuttal Officer Bock. 12 MR. MCCALEB: Is that -- wait a second. Wait a 13 second. ~ :l '" ~ Mr. Flannery, do you have anything else? 14 15 MR. FLANNERY: Nothing further. 16 MR. MCCALEB: Okay, Officer. You can testify from .. " o a: " > 01 !!' U "' I: >- 17 there, Officer. 18 OFFICER BOCK: Oh, I am sorry. 19 MR. MCCALEB: You are still under oath. 20 21 PATROLMAN EARL D. BOCK, II, recalled as a witness in 22 surrebuttal, having previously been duly sworn, testified as 23 follows: >o,-,J DIRECT EXAMINATION 24 25 BY MR. WELBY: 23 ,.. -..... -.......-... ! , ..1 III)C::-._",. l. is . ;~\:l J .:c., .- '-iV,~:~;;;:;:;':;~-;;.i"'~.' '..;.;;>.0,.c,""'.-':;",'.....~..l_. - t , -., ,~" . _....-.. .....,'Qi , ~ B- I t/. While in the station 08/20/96, in the patrol room, with Officer Demmy and officer Shevlin from the 6-2 shift, Officer Bock brought in a prisoner who I recognized as Jason LeBlanc. LeBlanc was placed in a holding cell (#900) immediately upon entering the station. LeBlanc came in with officer Bock shortly after 1400 hrs. At approximately 141S hrs. LeBlanc began to scream and rattle the cell door saying "I'm fuckin' talkin' here and ain't nobody fuckin' listenin'". "Bock, what the fuck are you doing Bock". I went to the cell to find out what LeBlanc wanted and to have him stop screaming obscenities, due to the presence of visitors and secretaries in the office at the time. Present at this time were secretary Randi conley, clerk Leslie Hocker, Patrolman Demmy, Patrolman Shevlin and West Shore EMS employees Beth Burkholder and John Williams. Officers Demmy & Shevlin left the station as I went to speak with LeBlanc. Burkholder and Williams left shortly after that. I went into the holding cell area and spoke to LeBlanc asking him if he needed something. He said "Yea, I've been calling for fuckin' Bock and he isn't fuckin' listenin' to me, what the fuck is he doin', playing with himself or what?" "You tell him to hurry the fuck up, I want to be back in the fuckin' jail by 4 for dinner". "You tell him if he doesn't hurry the fuck up I'll ) tear this fuckin' cell apart". LeBlanc'E voice was loud and threatening and I asked him to please calm down, that I would check with Officer Bock immediately and get right back to him. I then asked him what he was doing here and he said "some fucked up charge Bock has me on. he fuckin' hates me and I hate him". When I asked specifically what Officer Bock was going to do LeBlanc said "he said somethIng about processing or something". I told LeBlanc to be patient a minute and I would ask Officer Bock if I could start the processing. LeBlanc said "that would be fine". Officer Bock was in the sgt's Office on the telephone with what I believed to be LeBlanc's Probation Officer and he adVIsed that I could take a photograph awhile if I wanted to. I felt doing something with him would keep LeBlanc occupIed so I went back and told him that I would be right with him after I got a number and set up the camera. After getting the camera ready I got LeBlanc out of the holding cell. LeBlanc was handcuffed with a transport belt and it was left in place for the identification photograph. As he came out of the holding cell, LeBlanc said "Bock really has a hard on for me, these charges are bullshit, I got SSO bail". "They are such fuckin' shit, my PO isn't even holding me". When I questioned LeBlanc on the bail amount he said .you know, SSO Is what I need to get out, my bail is S500.. LeBlanc went on to say .You know, Bock said he'd like to cut my dick off and ...; shove it down my throat". LeBlanc then laughed. I had to take several photographS before I got a useable one, due to I!XHIBn' ~Y'c",\ \, \1\ 4'n'~1 l'-c.~ t various reasons such as, no film in the camera or too dark or cutting off a portion of LeBlanc's features. LeBlanc was cooperative throughout my dealings with him. After taking the last identification photograph 1 asked Officer Bock if he was ready to fingerprint LeBlanc, telling him that l had set the cards up for him. officer Bock advised that he did not think that he was going to fingerprint LeBlanc at this time but he asked if I would take some Polaroid photographs of LeBlanc's numerous tattoos. LeBlanc was informed about the photographs that I wanted to take and he consented to them saying "you'll need to take these handcuffs off for those". He went on to say "1 won't be a problem". I took the handcuffs off LeBlanc's wrists and closed them leaving the belt in place. After finishing the photographs of the tattoos on LeBlanc's extremities, I asked him to take off his shirt and T-shirt so I could photograph the tattoos on his chest and back. As LeBlanc removed his shirts, I took notice of a large scar on the front of his left shoulder that was not yet completely healed and asked about it. LeBlanc said that he had surgery on his shoulder and that he was still in rehabilitation from it. While I was taking these photographs of LeBlanc shirtless, Officer Bock came into the room to check the identification photographs and LeBlanc said to him "hey Bock, are you turned on Bock?". officer Bock did not dignify the question with a response and left the room. Officer Bock returned several minutes later with latex gloves on in order to fingerprint LeBlanc. During the fingerprinting I stayed in the room reviewing the Polaroid photographs 1 had taken for clarity and coating the identification photographs. While officer Bock was fingerprinting LeBlanc, LeBlanc was constantly talking to him and taunting him. LeBlanc made statements to the effect that if he (LeBlanc) caught officer Bock on the street that he (LeBlanc) could do physlcal harm to him (Bock) if he (LeBlanc) felt like it. Officer Bock told him that he should go ahead and try if he wanted to because he (Bock) would be off work with pay recovering. Many of the statements LeBlanc made were disrespectful and LeBlanc periodically said Officer Bock's first name (Earl) in a mocking tone and in an exaggerated fashion. Prior to this time he had not spoken to Officer Bock and called him anything but BOCK. LeBlanc talked about meeting up with Officer Bock some day and being able to "take" him. LeBlanc then said "no, you would probably have a gun, but who knows, I might have one too". Officer Bock said that he better make the first shot count and LeBlanc said that he would. LeBlanc then made reference to officer Bock having to learn how to walk again. to chew again, and to talk again, which LeBlanc said "won't be much fun". I had my back to officer Bock and LeBlanc while doing my work" I heard Officer Bo<::k's voice, which was raised and ...) _~J sounded stressed, at the same time as I became aware of movement. I heard Officer Bock saying "you should give me some respect while you are here, do you understand?" I turned in time to avoid being run into by Officer Bock and LeBlanc as they were moving towards the southern wall of th~ room which contains the entry door to the room. LeBlanc had his hands on Officer Bock's wrists and they collided into the recycle bin which is situated beside the entry door, spilling the contents onto the floor. As I moved toward them, I saw Officer Bock's hands around LeBlanc's neck in a choke hold and LeBlanc had his back against the wall. I approached Officer Bock's right side and LeBlanc's left side because this location was the closest accessible to me. I was talking to both Officer Bock and LeBlanc and imploring both to let go of the other. I was then aware that Officer Agresta had arrived and approached Officer Bock on the left side. When talking to Officer Bock & LeBlanc did not work, I raised the level of my voice & issued verbal commands. I continued to give verbal commands to both LeBlanc and officer Bock, and once again raised the level of my voice. Officer Agresta began verbal commands as well immediately upon her arrival. After verbal commands failed. I tried tapping Officer Bock on the back with my left hand slightly above his belt in the center of his back, trying to get his attention while continuing issuing commands. when this failed I then tried a pressure pOint strike to the arm of Officer Bock when I noticed that LeBlanc's face was turning red. LeBlanc did not release his hold on officer Bock's wrists. Directly after the strike to his arm, Officer Bock relaxed his hold on LeBlanc. Officer Agresta and I were unable to separate LeBlanc and officer Bock completely because LeBlanc did not release his hold on Officer Bock's wrists. Since Officer Bock had relaxed his hold on LeBlanc and fearing leaVing Officer Bock defenseless should LeBlanc try to take a punch at him. I let go of officer Bock's arm and tried to step in between them putting my body between them. The four of us then spilled into the hallway which has an exterior entry door and Officer Bock again had his hands on LeBlanc's neck with the choke hold with LeBlanc backed up against the southern wall of the hallway. At this point I got very close to LeBlanc and yelled at him to release Officel' Bock immediately. I kept saying "Earl, Earl" then I said "it isn't worth it". It was at this point LeBlanc released his hold on Officer Bock. As soon as LeBlanc let go of him, Officer Bock let go of LeBlanc and I was able to maneuver in between them and maneuver LeBlanc back into the processing room. LeBlanc kept repeating "I'm not going to hit him, I'm not going to hit him". Officer Agresta told Officer Bock to contact the Chief immediately so I kept my attention on LeBlanc. LeBlanc began to complain about pain in his left , . f3-. I.j- v- '*' BOROUGH OF MECHANICS BURG POLICE DEPARTMENT HAROlt' '.'. HCRTZlER Ua)OI j7171591-3300 HVW,.c.'^UfOfISlrf'f-" MrchilnlC ~hUf(1. PA t 1055.6203 rAx IT1 II Ul1.261t RODNEY L WHIT':OMB C/Het 0' Allie" (7171691.3300 EMERGEI~CY ~11 20 August 96 Ref: Incident with Jason LeBlanc at station EXHIBrr ~c>r""'1\" It;) 1\-,,-"\"'1 K4i m: Chief M1itc:onb and Mayor Hertzler FROM: Ptl. Sharon L. Agresta Initially I was at my desk in the patrol room attempting to write up several incidents from the beginning of the shift. Officer Hyer$ was aaaisbing Det. Bock in fingerprinting and photographing Jason LeBlanc who had been brought from CCP for arralgl'l1lel'lt and processing. I was speaking with Randi Conley, secretary when I heard a clatter and rn:attering of soda cans which are kept in the kitchen/processing room. At this loud noise I ran from the patrol room and went to the doorvay of the processing area. Det. Boclt had Jason LeBlanc up against the wall which is what caused the container with soda cans to scatter. He had both hands around Jason's throat and was staring directly at Ja.!OI1 who was appearing to smirk and stick out his tongue in an pointed upward manner, all if to touch his nose. Det Bock had made a warning statement to Jason but I don't rementler the exact words. Due to the fact that Jason's face was turnifll red. that Jason was not struggling to fight either Officer Hyers or Det Bock, I then grabbed ahold of Det Bock's left arm to pull him off the prisoner as Officer Myers was doing on his right arm. She was saying, "I'll finish the work, just let it go.' and this was in a calming lower voice. I tried to convince Det BOck that it wasn't worth it. to drop it and let go of Jason and tried to reach for Bock's 1ittle fingers to break the throttle-hold on Le8lanc's nick. At this point we all shifted towards the door frame and from the force of. Bock pushing against LeBlanc, we went across the hallway and landed into the .wall by the holding cells. Bock grabbed again for LeBlanc'. throat whUe I.was now on LeBlanc'. left side and trying,to break the grip by grabbing Bock'. little fingers. t alllO grabbed LeBlanc's left arm at the elbow'due to it being right by my gun holster. Officer Myers and I continued to firmly instruct Det Bock to allow us to get Jason away and to not continue his actions on LeBlanc. Officer /1y1trs got LeBlanc into the processing tocm and I stood in the doorway between them and Det Bock. I kept my left ara ~ised to act aa:a barrier in ease Det Bock entered. I had to keep my~~'foeused~ IIlOA OI'\t.eBlanc since his 1!Im1!1 were free and he was nllar Of~l if ~, I turned to Det Bock and said 'You better get Rodney in here IlCIIt.Do it." Det Bock then left and called on the police radio to have the Chitr retutn to atation. I atayed with Officer Hyers while she finished fingerprihtlng ~Blanc and atttqlited to cleen up the mess made by IIOda cans. Duril'l9 thia tiN Le8lanc stated he wanted charqes filed against Det Bock and that ve had vitnesaed what had transpired. We explAined that Chief tIlitc:onb was on his way in to the station. page I of 2 "TIlE BOROUG" or MI C1"'NI('SlIlIH<i . ^ GOOD PlACE TO LIVE" DmlOIlUC'1'IOH b iDtent of thi. ......,., 18 for )'O\Ir p14aDo. IZi4 iDtomaUon. ...41e.. to sq, a PoUoe DeJl&1'1;lllent ID8IlU&l and IIIIT llUbuquent "--114- II8Ilt. or a441Uons aft needed beoauee of the rrov1nc ocap1ez1v of 1av enloroement. Thi. ......,., 18 to be need as a d1reoU.,. in 4&117 polloe aoU-ntiee, but under no oiroUlll8tanGe. will the -,., be able to oowr all duUee, situations, and/or oonditione :rou ~ eMounter. SiDoe :rulee oannot poesib1)' oowr e.,.z,o situation and IIIIllh IIIIllIt be left to "good .1u4gell8nt." Officers of all ranItlI will know what 1e expected ot thea b:r plao1q reepons1b1ll t)' lUId un1f01'lld V iD departmental procedure f01'll Statt-to- L1ne PImotions. With proh1b1ted oonduot epelled out, no one can 01&111 1snoruce of a :rule set down 1n black lUId vh1te. DISCIPLI1WlT!C'l'IOH oannot be quesUoned on the srounde that U 18 arb1trar:r, as SftZ7 orpn1eaUon baa a poUo)' that IIIUllt be adhered to. As a poUoe off1oer iD the llorou&b ot Mechanio.burg, PennqlftD1&, :rou ha.,. taken a .01_ oath of obUption to U. people to p&rd the11' rights of treedoa and to protect their Ufe and propert;r. lleoauee Democr&OJ'reUes on the poUoe ofUoer for 1te ~ of Ufe, :rou ..t Z'SIlder f&11' and 1IIIp&rUal serrioe to the O........ft)' at all u.s. TOIl IIIIllIt aot oOllrteOll817, nee OOlDOD _e, bear1q 1n lII1nd that :rou aft a pIlbUc-relations repreuntative of )'O\Ir Borou&b. CH1PrEIl I DEl'INI'l'IOHS AND '1'Ii:IIMDIOUlGY 101. >>iPAi'DliH'l' The PoUoe Department ot the Borouch ot Meohaniosburg. 102. ~TiRS The poUoe bu1ldiDg that boue.. the headquarters and the .mbers "f this department. 106. _UIL Members ot the Department, sOllllt1ll8s for more than one un1t, grouped together for the acocapUebDent of a speo1t1ed m1u1on. When not enppd in a oontinu1nB operation, the deta1l 18 oalled & special d.tail. 107. SBIPl' That period of a calendar d&;r during whioh & speCified I1WIIber ot .mbere are on dut;r. 108. ~ 1.11 Officer. on the Police Department p&Jroll. 109. omQBl& Iftz,o I18aber dul7 appointed to the Pollce Deputlaent .. a tu11-U. peaoe oftioer who hu taken the oath as IIUOh. !he tam is appUed withOllt repzd to 8U, rao., d1n.81on, or dut;r. 110. COMIWmOO OJ'J'ICD The oft1oer on duV haT1ng the highest r&lIIt or grade. Off1oers of the __ grade shall rank acoord1q to the date of the11' appointment to that grade. When two or IIOre off1oers are on dut;r together, the oft1oer of the h1ghest ranIc 18 in 0-.... and shall be rupon81ble for the operation, unless otherwise de- 818ZlAted b:r the Chief of PoUce. Por a epeo1al detail and tor & spec1t1o period, an off1oer IlIlJ be desiBl1&ted b)' the o...........t." off1oer to take 0-.... without regard to rank. 111. DlCClhrJ!O".rDC8 Incapable of saUstaotoz,o pertom&r1Oe. 112. VORl WEIi:Il: AND IllY A work VlIek begins on Mondq and ends on Sund&;r. The Department da:r tor record purposes shall basin at zsro hours (??oo 1Ioure) and shall oonclude 24 hours later. 113. TOllll OJ' DO'1'r The shift during whioh lID indb'1dual member 1e on dut;r . -.../ 114. OR IlU'l'Y The state of a member dur1ng the period ot the da:r vben he 18 aoUve17 snppd in the pertomanos ot his duUes. '1'eohnioall7, a poUoe offioer is eub.1eot to oall at all t1ll8s. 11$. OJ'J' DO'1'r The state ot a _bar dur1llg the period he is tree trom the pertoruncs of specified duUes. This II&)' be &1so known as rest period, da:r oft, hoUd&;r, or annual1'llCaUon leave. 116. ~IJ.L ~ PoUoe Hmce, the nature of vhioh requires that the ...ber be .:mUlled t:rom the pertomanoe of h1. regular duUe.. 117. llAYS OW Thoee daifB, determined b)' the Chief ot Pol1oe, on whioh a chen member is e:mu.ed t:rom dut;r. , .,..11' -2- ~.LNITIONS AND TI!:IlMINOUlGY i 118. Allll'tJAL VACAtION WVE VacaUon period sranted to all Il8llbers AMUally. 119. .s.ICI WVE The period of tillS during whioh an ottioer is emused trcm aoUys dut;r beeau.. of illnese or in.1UZJ'. 120. WVi 0" ~ The period of U. dur1q whioh lID ottioer is emuIBd trcm acU.,. duV and dur1ng which he reoei.,.s no pay. 121. ~ I'-Vi b period of t1llle dur1q which an officer is eXOUHd trcm duV b:r reason ot .erring 1D the J.med Poroes ot the United Statee 1D an actin capaoiv as prortded b:r lave 122. PiOBlTIOlWlY PERIOD Each _ber shall be required to ssrve a probation&ZJ' period of not more th8D ons (1) )'8ar prior to pel'- IIIDBnt appointment to the Department. 123. 1ltILBS AND RmULlTIONS Directions 18eued b)' the Chief of PoUce to define the poUce pIlrpOH lUId the duUes lUId conduct of all I18mbere. 124. LAWPIlL 0Rlli:R J.n:r written or oral directive 18l1UBd b:r a superior otf1osr to IIIIT eubordinate or group of subordinates in the oourse of poUce dut;r which 18 not in violation ot IIIIT law, o~f".ft('e, or IIIIT depar'bDental :rule or regalaUon. 12$. POLICB HAWAL A IIIDU&l prepared to define the organizational structure of the foroe lUId epeo1t1c duUss ot its organio un1 ts and members lUId to outUne the various stlUldard operating procedures of the Department. 126. PiOOlWUlIE The off101al I18thod of dealing with an:r given B1tuaUon preeor1bed by the Chiet'. ordsr or procsdural gu1de. 127. DlILT LOG A log 18l1UBd 4&11)' oont&f"frl' information reprding wanted persons, or1ll8 Vpe. and locations, other 1Do1dents requ1r1ng palloe attention, special noUoes, and sil8Q1al locat1one oalling tor patrol. J.lso direoUons oontained in the da11)' log have the foroe and effect ot Department Orders. 128. fIlAnmIG :&bJ.rRl'~ Bulletins rega1arl)' distributed by the Depart.. ..nt des1sned to keep officers of this Depar'bDent abreast of nev procedures and praotice. in the law-enloro8118nt t1eld. 129. 1Uo&"\m'1'S Written o-m.oation. unles. otherv1.e spec1t1ed relat1nc to poUoe _ttera. . 130. PATIOL CJ.Jl Rad10 equipped autOlDObile used for patrol dut;r. 131. lmlT.T. '!'he word shall as used herein shall 1nd1oate that the aoUClI1 required 1e MDdatoZJ'. -)- l!InH~IONS AND TEIlMINOUlGY 132. !!AI As used herein, the word ...,. shall mellD that the action 1nd1oated 18 perm18s1ve. 133. GII'UlIIiIl Use or the lIaeoul1ne gender herein shall also include, vbere applicable, the temale gendsr. 134. SSE OF VOBIlS The words 1n the present tense iDolude the tuture tense. t 13$. l'J.tJBJ.LITY OP WORDS The s1ngu].ar iDoludes the plural and the plural inoludes the s1ngu].ar. 136. G~lL 0RIlEll A permanent written order, 1asued b:r the Ch1et of Polioe, not relat1q to SOll8 speoifio o1rolllD8tanoe or situation, but applicable to entire Department. 137. SPmUL 0RIlER Written order, 18sued by the Ch1ef of Pol1oe, re- lat1llg to SOll8 specif10 o1rcumstances or situation, usually ot a t A"'~ nature, that ordL'1&1'1l:r does not &trect the entirs Department. 138. ~ A written notation issued by the Chief of PoUce, or b:r a C-....Jng Officer with approval of the Chief ot PoUoe, for the purpose of kesp1q members Wormed and awa..ooe of situations and matters that atteot the Department in general. Such DI8ID01'&ndUIIII express the rteVll and opinions of the author1t;r on the subject under oons1deration. 139. l!tJLLm'INS Bulletins II&)' be 18sued b:r the CC)IIIIMl....hlg Ott1cers to diuea1nate 1ntormation or 1neUuotions whioh do not warrant a formal order, to direct the actions of subordinates in speoifio situaUons or C1roUllllltencee. Such direotions shall not deviate former oonfl1ot with establ1shed poliCies and procedures .. doo- UII811ted b:r higher authorit;r. '1'0 explain or emphasize portions of prrdOllal:r 18eued ordere, and to 1nform I18mbars ot actions or pol1oies of other agencies. I 140. l'DLIMDWlY IH'IESTIG4TImS The initial investigation oonducted b:r the Department upon the report ot a cr1ll8 :lr attempted or1ll8. 'rile prelf.h..",. 1nvuUption shall iDolude statements trom all persons ooncerned; deta11e of the partioular cr1ll8 that has been o~1tted. including the pert1Dent elements ot the orill8s1 de.. cription of .-vidence and other propert;r included in the case, and the aotion taken b:r the 1nvest1gat1q off1oer. 141. J'OLLOW-tJP IHh.~"TIG4TIOH 4 eupp1_nt&r;r 1nvest1ption tollowin<< the prell.'_",. investigation deB1flned to reoord additional facts directed towards the cle&ruce of the parUoular cr1M and the reoOftz,o or stolen propert;r. -4- CIIJ.P1'I:R II DUTIES AN>> RESPONSIBILITIES CIl'1'n' OJ' POLIQ~ 200. The Chief of POl1ce is the Chi.f .l....t..f.trati.,. Otticer ot the department and is responB1ble to the Ka;ror who is the ""..fnfstrative ixeoutive of the Department. The Chief of POl1oe is 1Jrpowered through the off1oe or the Mayor to have departmental author1 t;r in all matter of POl1oy, operations and dilOipline. The Chief eXll1'- o1s.s all lawful power. or his off1oe and 18_s euoh lavtul ordsrs u &1'8 neoesBlU')' to usure the errective perfo%llllUlOe of the Department. 201. The Chisf shall make written and .,.rbal report. to the Ka;ror u d1reoted. Be shall keep the Ka10r iDt01'lllld of iDo1dents or de.,.lOpl8nts that m&:f unueual11 affect public or oft1oial re1aUons. 202. '1'hrough the Chier ot POl1oe, the department is ft8POlll1ble for the entorcement of all lavB and ordfn.""es ocm1J:lg within Us lapl .1ur1ed1otion. The Chier <'f Pol1ce is re8POlll1ble for pl.....t"4f, d1reoting, ooordinating, controlling, and st&tf1q all aotinUes of the department, for its oontinued and eff10isnt operation, for the entoroement of :rules lUId regulations within the dspartment, for the oCllllpletion and rorwarding of IIUOh reports u ma)' be re- qu1red b1 oOlllpetent author1t;r, and for the department's relaUons with local o1Uzens, the !crouch eovemment and other related &a'Bn01es. 203. The Ch1ef of Pol1oe is responsible tor the trafnf.., of all members of the department. '1'h1s iDoludee the preli..f...'7 tralnf." of members upon their appointment to the depar1;ment, lUId the oontinued traf..f." ot all members of the dapartment to 1lI/p1'o,* the11' ablli t;r to eerve the publ10 more errio18ntl)' and to keep them abreut of new developments in the law entorcement field. 204. The Chisf of Polioe shall be required to certify to the correct- ness of all billa incurred b:r the department, and shall first have the author1 V from the Ka;ror before ~ euoh b1lla have been inaurred. 20$. The Chief of Pol1ca shall be the ouetod1an of all }lropert;r oc.1ng into the pcssesden or the pol1oe department, and shall be aooount- able for all IlUOh propert;r del1vered in~ hi. custod)', and be responsible for the satekeeping, proper diapoei tion and accurate reoord of -. Be shall ..a that all }lropert)' 18 returned to Us lavtul owner vben no loncer needed b:r the deJl&1'1;lllent. .,,1 . -s- llU'l'IES AND DSP<IfS~ILITIES SEIlGEAHTS 207. 206. It shall be the dut;r of the Serpantll to usist the Chiet of Polioe in the operation of the DeJl&1'1;lllent u d1reoted b:r the Chief of Polioe. The Sen10r SerpllDt, in the &bunae of the Chief, shall have the respone1b1l1 ty tor the Department. It shall be the respons1b1l1t;r of the Senior SerpllDt, in the abHllCe of the Chief of Polios, to u_ 0-.... of the Depart.. mente He shall 1Deurs that all d1reoUves, :rul88, regulations, poll0188 and procedure II are adhered to, and to uke IIUOh deo18ioDB u neoesHr:r to in8U1'8 the oont1nued proper performmoe of the entire Department. , 208. It shall be the dut)' of the Serplll:1ts to invesUpte personnel cOIIIpl&1nts usipd to them b)' the Chief of Police. 209. It shall be the dut;r ot the Serpantll to ...siet IIUbord1natell in the preparaUon of cues and reports, and to perf 01'11 all the duUes and reepone1b1llUes of a Patrolman. I COMMANDING OmCDS 210. In the abHllCe of and IlUb.1ect to d1reoUon of the Chief of Polioe, the C-....f." Oft1cer baa direct oontrol Oftr all members dur1q his shUt. 211. O-....f", Oft1os1'll are responsible for maintenance of diso1pliDe lUId morale vi thin their 0""""...... 212. C-....f.,'Ott1oers are responsible for the proper organization and a8llltSJ"-nt ot duties on their sh1tt to U8U1'8 proper perfor- lDIIDCe of Departmental tunoUonll lUId thou of their C.............. 21). C-....f.,g Ott1osrs are responsible for the preparation of the required oorrespondlU1oe, reports, and -.1ntenanc. or reoords relating to the aoUnUes ot their C~. The)' are responsible for the Caaunioation ot information up lUId down the Chain of C-.... u requ1red. The)' are rellpoD81ble for the proper use and maintenance of quarters, equis-nt, euppll.. and _ter1al usicned to their Or- -<5. $.1/ 214. C-....hl( Off1oe1'll are rellponsib1. for the punctual atta.....-. of all pereODnel within thelr C~d, and shall ..e that reooZ'ds are ccapleted ot llaoh _ber's attendanae and OftrUme, iD IlUCh IIIDDer IIl4 form .. d1reoted b:r the Chief of Police. 21$. C( ....t..g Officers shall per1od1oal17 inepect all _bers of their sh1tt to "8U1'8 proper II&1ntell&nCe of personal lUId depart- .ntal llquiJllllllnt ueed wi thin their 0-..... -6- liII't,1.1!;5 Aml BESPOHSIBILl'.m:s PA'rROUIAN 280. J. Patrolllan 18 responsible for the aoocapliebDent of the polioe mbdon on his post. Be shall conetantl:r be rtgilant and on the alsrt for rtolations of the lavs and orrlh..........., and shalllllllke evez,o effort to pre.,.nt breaches of the peaoe and ottenses "8'"t".t persons and propert)'. 281. Be shall report prompt17 at the d8818ZlAted hour and plaoe. In proper un1fon, for ulisnment and inspection. Be shall listen attenUvel:r to orders and instructions of hill superior officers and shall reM IIUOh mater1alll u are ma4e an.11able to him. Be shalllllllke vr1tten memorandum of euoh iDtormation u neoeu&ZJ', and shall imII8d1etel:r proceed to his post upon cOlllplet1on of these tasks. , ~J. 282. Patrolll8Jl are oharged with learn1q the ge061'&ph1oal oharaoter of the Borough VlIll enough to enable them to give adequate d1reotions to streete, pIlbUo buildings, depots, hospitals, and highva:re 1D lID 1ntelUgent umlIlr vben requested. When unable to give the informaUon requested, the:r shall either obtain it or direct the inqu1r1ng part)' to the person fl'Olll vhora the 1ntormation ma:r be requ1red. 283. A Patrolmen ehal1 thro1:iBbl7 f8lll11arbe h1meelt with hill post. learn1q the looation of r1re al&rIDS, alle:rs, strests and high. ~. Be shall be t'am1Uar with all pIlblic businesHs, offices, and their entr.Does, ents, ek;rl1ghts, fire eecapell lUId other possible meane of eecapes. Wh1le ...lrf..g secur1t;r ohecks of doors, he shall likewiH f8lll111ar1ze h1mesU with the looaUons of eares and night l1ghts. ChBn8es in night lights will be parUoularl:r notioed. 284. J. Patrolllan ehal1, at all t1llles, maintain lID alert &nd business Uke mazmer, a1'01d1Dg 10iter1ng 01' lom>g:I", about placss of business or on the street. lfe shall not ooncsal h1IIIIelt 01' lea,", his POllt ellXl.pt for some police purpose. 28$. ~1q this tour ot dut;r, the Patrolman shall oonUnuous11 patrol ..,.z,o part ot hill post, g1Y1ng particular attention to lUId trequent17 re-ohecking looaUons vbere the cr1mehuard b great. Insofar .. polls1ble, he shall not patrol his post acoordiDg to IIIIT fwd schedule, but shall al temate trequentl7 and baoktraok in order to be at the looation least sxpeoted. 286. When a door or window 111 found open under euep1ciOlls or UDUIII1&l c1roualltaDces on IIIIT tour or dut;r, a PatrolMD shall IBke a thorough invesUgaUon and dete1'll1ne, it possible, vbether a burgl&ZJ' or other or1ll8 has been o~itted, and vbether the door or window oan be HOurad. Be shall ~ ullistanoe be- fore enter1ng to eYA1llt... the prem1..s lUId to HOure IIUOh doors and windOVll. Be shall notir:r his oOlllll&l1d1ng officer. and it poSSible, the owner will be notitied. -7- DUTIES AND R1!:SPONSIBILITIES J'!TROUWt 287. Under 01roUlUtanoes 1nd1cat1ng that a burglar 18 sUll inside a build1q, the off1oer dieoOftring s_ shall ~tel:r _on ull1st&noe, and then stand guard until eutfic1ent usietance baa arr1ved, at whioh t1me the bu11diDg will be entered and searched. 288. J. Patrolman shall ob.erve all persons vholII he enaaunterll upon his post, and shall investipte IIIIT person who.. appearance, oonduot or preHnce seell8 mJIpicloue. He ehall be part1oular17 alert as to the acUons ot persons at n1ght. 289. He shall be on the alert tor persons anewr1ng the desor1ption of m188111g persons and wanted ort..f".., s, u well .. .,.h101ee re- ported stolen, or used in the oomm1se1cn of a ort..t..., offenee. He shall 1nvesUsate the occupants or oontent. of .,.hicles vhich oaues 8U8}l1c1on. A:ar euoh invesUsaUon or search should be in aocord8Doe with proper legal procedure. 290. At n1ght, vben the ocou1on demands it, a Patrolman shall oourt- eoulI1:r, but t1ml7, quesUon perllons on the publ10 strsets u to their names, addresses, reuon for be1llg on the street, and other iDtormat1on relating to the o1rcUll8t&noes. In all o&8e., good .1udseunt and d1ecret1on should be used. 291. Un1forll8d offioers shall give partioular attention to plaoes where noe nclatore m1ght cong:repte. Tbe7 ehall use every lawf'Ul meane to suppres. the 1l1egal aoUv1ties of euoh persons and proseoute them, lUId the)' .hall require all such ..tabl1ehmenta to be oonducted in aocord8Doe with llorouch ord1D1DOes, lIDd state law, and shall report all Tiolations. 292. J. Patrollllan shall be tr1endl:r toward all ohildren, lIDd be ever wtohtul of their ph:reioal and moral VlIltare. He shall warn ohildren a~ traa plaJing in d8DprOllll areas. 293. Patrolmen are cbarBBd vi th the entorcement or all prov1e1one of local lUId state traff10 law. Pa11ure to take appropriate aotion in traff10 violation oa... 111 oonll14ered neglect of dut;r. 294. J. Patrollllan shall take noUce ot all nu1sano.., 1mped1ll8nts, obllt- rucUons, defects or other conditions in or adjacent to the streets, alle:rs and pIlbl10 place., vhioh tend to endanger the health, earet;r or o_n1enee or the publ1o. Be shall report an;r IItreet l1&hte out, vater leaks, or traffic hazards whioh requ1re 1med1ate aotion. J. vr1 Uen report shall be ma4e to his superior ottioer of an:r traffio hau.rd in need of ocrreoUon, but not requir1q ~ate aotlon. .# 29$. J. Patrolun shall careM17 iIl"'stisate all ocapl&1nts vhioh are u.1sned to h1m, or which are brougilt to his attenUon b:r oUbens. CIIAPlER III RULES AND RmULA'l'IONS 300. PURPOSIil The purpose of theee reaulaUons 18 to provide a ballis for the orderl;y and d1s01pl1ned perfomlUlOe ot dut;r. Their publioaUon will promote a surer knovIe. of what 18 expected of personnel general1:r, and ot all ranks and ue1snmente speoi- ficall:r. '!his should result in a greater degree of eelt-ulIIIZ'IDCe in all poe1tions. In relationshiplI betveen the ranks, it should be our 1nd1vidual &111 to build oont1nuouel:r mutual respect lUId oonf1dence whioh 18 so s..enUal to our t:rpe of operation. 301. LOnL'lY Lo:ralt7 to the Borough, the Department lUId to usoc1ates 1e an 1.IIIportant fllOtor in departmental morale and eftioienc:r. Members shall maintain a l07al t;r to the llorough, to the Department and to their a88oc1ates whioh 18 oone1stent with law, personal eWos and profese1onal standards. 302. GENEIlJ.L BESPOHSIllILI'l'IES ....1thin their lawful .1ur1sd1oUon, memben shall at all t1II8s take appropriate action tOI protect life and propert:r, preeerve the peace, prevent or1ll8s; and de- tect and arrellt violators of the law. The:r w111 also entorce all J'ed.ral and State Lave and llorough Ordi""""es coming within departmental .1urisdiotion. )0). lBP!ImlEIiI'1' Members, vbether on dut;r or off dut;r, shall be govern- ed 11)' the ord1naZ7 lUId reuonable :rules of SOOd oonduct and be- haner, and shall not o-ut IIIIT aot tending to bring reproach or d1ecred1t upon the department. )04. COOIlllDU.'UON In o&rZJ'1ll4r out the tunotions ot the Department, _bere shall direot lUId ooord1nate their efforts in euoh a lD8mIer u will tend to 88tablish lIDd maintain the highest IIbM."'IlS of eft101enc:r. )0$. COOPI:IlJ.TIOR llE'1'W!D TB lWIXS Cooperation betwesn the ranke lUId Department 1. ellsential to erfecUve lav entoroBll8Jlt. Therefore, all _bers are str1otl:r oharged with establ1eh1ng, and maintain- ing a high ep1r1t of oooperation within the department. )0$.1. COOPlllATION WITH arHI:R AGENCIES Ort1oers shall oooperate with all lav entorcement agencies. other Borou&b Departments and public .errice organ1aaUona, and shall 81ve aid and 1ntOrll&tion as euoh organ1eaUona IIII;y be enUtled to reod.,., conB1stent with departmental orders. i ~",* )0$.2. COOPlllATION WITH '1'11I PRESS Otticers shall utend full oooperation to _bers of the press, oonsistent with departmental orders, provided the lNOOBIIllful invesUgaUon or prosecution ot a polioe oaee is not thereb:r .1eopardbed. J.n:r dtuaUon which involve II a question of nlat1oneh1p vi th the press. lIDd vhioh ClDDot be re- 801ftd saUlltaotorll:r b;y the ottioere, shall be referred to a superior off1oer. -10- JlllLBS AND llmtJLATIQNS 306. OONDlJOT TOWAllD TBIIl PUBL.C Member. shall be 00llrte0ll8 and orderly in their deal1np with the public. The:r shall perform their duties qu1stl;r, not ue1q harsh, violent, profane or iIlsolent Illn8\lA68, and shall al~s remain oalm, regardless of pro.ooat!on to do otherwise. Upon request, the:r are required to suppl:r their names, in a oourteous IIl8Mer. The:r shall attend to request trom the publ10 qu1okl:r lUId accurately, avoiding unne08lls&ZJ' referral to other un1 te or members of the department. ,I 307. KNOWLEDGE OJ' LAWS AND llmtJLATIONS IlYez,o member 1& required to establish lUId maintain a vorldnr knowledge of all IIIl1D1c1pa1 ord1n8Does ourrently in foroe, the PSIlJ1e:rlvania Cr1ll8s Code, lIDd the :rulss of orimfna' procedure, the :rules 8lId pol1cies of the Department, lIDd the Gensral lIDd Special Orders of the Department. In the svent of improper aot1on or breach of dis- o1pline, it w1l1 be presumed that the member was tamil1ar wi th the law, :rule or pol1oy in question. 308. QllESTIONS llm!JlDING ASSIGNMENT Members in doubt u to the nature or deta1ls of their us1snments shall seek euoh iDtormat1on ~ their superrisors by go1nr through the chain ot o~d. .309. REPORTING J'OR DO'l'Y Members of the department shall be punctual in report1q for dut;r at the t1ll8 lUId place dee1gnated br their superior offioers. Repeated failure to report promptlr at the U. directed will be deemed negleot of dut;r and made the sub.1eot of charps. Sickness IIIIllIt be reported b:r a _ber at leut four (4) hours prior to the t1ll8 he 18 due to report for dUty. Such domess shall be reported to the _bere Superior Oft1cer. Once having reported as sick, the membsr shall keep the depart- ment 1ntormsd as to h1s status lUId sxpected return to dut;r. 310. l'lAINTAINING OJ' C<>>lKUNICATIORS Ottioers on dut;r, or vben officially on oall, shall be directlr an.11able b:r nO%lllal oOllllllUl11caUon, or shall keep the department or superior officer iDtormed of the 118&n8 b:r vb10h the:r ma:r be reaohed vben not 1.amediatel:r available. 311. ABSFllCE J'll~ DO'1'r IlYez,o I18mber who fails to appear for dut;r at the date, time lUId plaoe specified tor so doing without the con- sent of oOlllpetent author1t;r 1& "absent without leave." Such absences within the period nol'lllBl17 coneUtut1q a tour of dut;r shall be the sub.1ect ot a wrUten report to the Ch1ef of Pol1ce. 312. Dl$PllCTIONS ProIII t1ll8 to UlII8, the Chiet of Polioe, ID&J call for full dress wpectione for the Department or IIIIT part thereof. Membere directed to attend IIUOh inapecUons shall report in the un1torm preecribed, o&1'ZJ'1nr the equ1lD8nt spec1t1ed. tl'nauthori.sd absence from euch inepection 1& ohargeable u "absence without lea.,.. " -11- RIlLES AND 1lIi&ULA'l'IONS 313. msICAL FI'l'NESs All umbers of the Department shall maintain SOod pltJe10al oond1 tion so the;, OlD h8D41e the .trBnuOll8 ph:ye1oal OOD- tacts orten required of a lav entoroeunt offioer. 314. I!P'IlESIIKIi:N'l'S ON DU'J.'Y Off1oers .hall not leave their place of usiSllll8nt for ooffee or refre.hments except vi th pezm1seion of their O~ng off1oer. 31$. LOITERING Offioers .hall not loiter in oates, drive-ins, .emoe staUon. or other publ10 plaoes, except tor the purpo.e of trans- aot1llg pol1oe business or to take regular meals, u provided tor in Departmental Orders. Oft1o.rs shall not loiter in the Polioe Department ott1oes except vh11e aotuall,. transaot1q police busine.s. 316. SLDPING ON DU'J.'Y Off1oere shall not .leep on dut)<. 317. NCJl-IlU'l'Y J.C'l'IVI'l'r Off1oer. shall not shop, barter or trade whil. on dut;r, nor devote IIIIT of their on-dut,. t1ll8 to an:r aoUvi t;r other than that whioh pertains to their work. 318. SBOPPOO IN ~uulllf Off1ollrs in unifom off dut)<, shall not shop extene1vel:r nor 0&1'1')' larse quanti Ues of merchandise unle.s d1reotly connected with their n01'lllal polioe ect1vit)< or rsquired in the line of dut;r. 319. nh~C~ No officer in un1fom shall drink an:r alooholio be"'reee. Hc off1oer 1D plain olothes shall drink an alooholio bevereee while on dut;r, except when nece.s&17 in the perfoJ.'lll&nOe of dut;r. No otf1c.r off dut)< IDd in un1fom or in an:r part of h1s un1fom dress, shall drink an alooholic beverage in publio viev or in a publio place aooeseible to the public. No otfio.r while off dut;r shall drink alooholic beverage to ID extent vh1ch rellUl te in the OCla1l1sion of an obnox1oUB or offensive act which m1ght tend to bring dieoredit upon the department. No _ber of the d.partment will appear for or be on dut;r while undsr the 1ntlusllOe of liquor, drugs, or be unfit for dut;r becaulle of their .xcesei.,. use. 319.1. D'l'OXIC.&lilTS ON Il1!:PAIlTMErtTAL PIlEKISES Members and empl07M' shall not br1q into or keep IIIIT intozloat1llg liquor on the departmental premJ.... except vben neoesll&ZJ' in the performance of a polioe task. 320. J'OS"~~-'3IOH OJ' u:rs No Me.bers, unle.s author1aed b:r the Chief of Pol1ce, shall po..... ke:re to an:r premise. on or near hi. uelB11118nt. 320.1. JlIP~TAt ~ Ott1cers shall obtain permission tram the Chier of Police before haT1ng dupUoates llade of an:r departmental ke:r, or betore lend1Dg or 1Um1.h1ng d.partmental ke:re to IIIIT pe1'llons not emploJed b:r the department. -12- B'!lLi:S AND RmULATIONS 321. ~ Offioers in un1form vben out or autODlOb1les shall not IIIIIOb in visw of the pneral public. Off1osrs in un1t01'll on the streets shall not IIIIIOb in nev of the pneral pIlblio. Rov.lrf.,S' shall not be indulged 1D b:r IIIIT _bers of the Department under oond1 Uons which ~ be harmtu1 to good oonduot or proc.dure. 322. :r:MPJ.R'1'UL J.'l"l'I'l'llllE 1.11 I18mbers, whils oharpd vi th vigorous and unrelent1ng entoro_nt of the lav, IllU8t remain oomplete17 i.alpartial toward all personll ollll1nr to the attention of the Department. Violations of the law are not apinet the individual ott1osr. All oUbens are suaranteed squal proteotion under the law. 323. NON-DISCRIMINATION Mellhers will not disor1m1nate &p1nst an:r person because of their national it)', oolor. oreed, or bel1efs. 324. JIESPONDING TO CALLS Members of the Department shall respond with- out del&)' to all calle for Polioe aee1etanoe from 01 Uzene or other _bers. "rpne:r calle take precedence, however, all oalle shall be anewered u soon u pose1ble, cons1atent with normal saret;r precautione and .,.hicle laVll. J'a11ure to anever a oall for pol1oe ue1st&nce promptl:r 18 .1ustif1cation for me- oonduct charpe. 32$. DlMImIJ.'l'E ACTION Except vbere C1roUlll8tanoes Ill8ke it nece..ar;r tor members to report a atter or refer a oClllplaint to a more eu1table member or &pne:r, _bers shall be attentive to take eu1t- able aot1on on reports lUId ccapl&1nte b:r a pr1ftte penon. Proper requests tor information or us1atanoe shall be tultilled, and _mbers llhall aid the person in OtherwiH obt&J.n1nr the requested iDtormation or UI1atanae. 326. m"EBJW.s TO BOROOOB omCULS 10 _ber shall refer lUl7 c1U.en to the Ka;ror or Counc1l.men. It the request oannot be h8D41ed b:r the I18mbers U shall be reterred up the chain of c~d. 327. OOH'lJ.C'lIm COUNCIL I4IM81ilRS No _ber shall oontaot llorou&b Counc1l Il8llbers, or the Ka;ror on police problellB eJ:llept throu&b re&Ular o"-""le or b:r perm1seion of the Chiet ot Polio.. I.zrt _ber oontacted b:r the Coancll Members or the Ka;ror eha11 1medJ.atel:r noUt)' the Chief of Polioe of the incident and all details involved. 328. I"JRSmW. ~ No Il8llber II&)' s..k the 1ntluenoe ot inteZ'o .,.nt1on of lUl7 person oute1de the DepartMnt ror JlII1'POBB of personal pretel'lll8nt, adftlltap, transfer or ad'l1U\O...nt. ,",i 329. QW 0' llEPU'1'tlim'AL PIlOPIl:R'1'r All ...bere are responsible tor the sateteep1ng &Cd proper care of all propert;r used b:r them IDd belong1ng to the Departllent. Propert;r Bhall onl:r be UIIed for -1)- RIlLES AND RmULATIONS off101al purposes, lUId in the oapao1t;r tor vhioh 1t vaa dee1sned. It shall not be trlDsferred to &Il7 other ...bsr without the ex- pl101 t permbsion of the .mbers C-""ding ott1oer. 330. MPAR'l'MEN'l' VEHICULAR USE Members shall not use ID1 departmental vehicle without the perm1sB1on of a OOllllllDding ottiosr. Departmental vehioles shall never be used for personal businees or pleasure. 331. ~E OR mOPEllATIVE PROPlilRTr OR BQ~ Member8 shall 1mmed1ate11 report to their O-......f.,g off1oers on d.s1snated fome the losll of or d&m&p to deJl&1'1;lllental propert, US1sned to or used b:r them. '!'he ~diate superior will be noUf1sd of ID1 defsots or hazardous oond1Uons ez18ting in en:r department squipment or propert;r. 332. ~ION OF RESPONSDlILM In the event that Borough properv is tound to bear ev1dence of damge vh10h baa not been reported, 1t shall be pr1ma faoie endsnoe that the la8t person ueing the }lropert;r or vel1101e was reepons1ble. 333. COUR'!' ~CE J.ttendlDo. at Court or Di8tr1ot JusUo. hearinp, U rsqu1red b:r subpoena, ie an off101al dut, U81snment. Perm1seion to om1 t this dut;r IIIUllt be obtained 1'roIII the proseouting attorne:r han41111g the oue, or other oompetent oourt oft1oial. \/hen appeu-- 1q in Court, the oft1cer llhall VlIar o1v1l1lD olothes. When appearing at a D1striot Justioe hearing the oft1oer IIl&1 VlIar 1118 un1form if on dut,. Members shall present & neat and clslD appe&1'lDOe, avoiding ID1l11Dn8riem wl110h III1ght 1mpl:r d18respect to the Court. 334. GIP'J.'S. GRA'1'IJI'l'IES. FEES. llEWAJUlS. LOANS AND SOLICI'l'ING Members shall not, under en:r o1reUlll8tanoell, sol101t en:r gUt, gratu1V, loan or fee where there 18 IIIIT direct or 1nd1reot connection be- tween the sol101tat1on and the11' departmental _bership or 8IlIpl0)'ll8nt. 334.1. ACCJ:Pl'JJK:Jil or OIPl'S. GRJ.'1'IJI'l'IES. FEES AND ~s Members 1hal1 not aooept, either directl:r or 1nd1reotl:r, en:r gUt, gratuiV. loan, t.. or IIIIT other th1q of valus &r1111ng 1'roIII or OrreN beoauee of pol1oe Bllplo;rment or IIIIT aotint;r oonneoted vith said 8IlIploJll8nt. Mnbers sha11 not aooept IIIIT gift, gratu1v, loan, fe. or other th1q of value, the aooeptlDoe of whioh II1ght tad to 1ntlusnoe direotl:r or 1nd1reot17 the aotione of n1d ..bere in IIIIT utter of polioe busine.., or which IIight tend to oaet ad.,.ree renecUon on the Department or IIIIT _ber thereor. 334.2. SOLICI'l'UION 0' smUL !'!lIVILm~ 10 ott1cer shall U88 his bade-, un1forll, 1dentifioation oard or otfic1al poB1tion to solicit speolal pr1nleges tor b1meelt or others. J.n ortioer ~ UH hie bade- or other ott1oial oredentiale to obtain &dIRisB1on to lID)' P\lbllc pthering when IIUOh use 111 in turtherance or offioial dut;r. .",,1 -14- JltlLBS AND BmlJLATIONS 334.3. GBJ.TlJITIES AND REWAJUlS Memberll of the DeJl&1'1;lllent, 1nd1v1duall:r and ooll..tivel;r, shall not solioit rewards for perf01'lll&Me of dutiell, nor seek, au for or acospt gratuities or gUts of ~ kiDd. 334.4. lIWAllDS Members ehall not aooept ~ gift, gratuit;r, or reward in -:r or other oone1deration for eerrics rendlred in the line of dut;r to the 00llllllUl11 t;r or to AZI1 person, businesll, or apno;r, lXO.pt 1avM lal&1'1. 3340$. J.CCJ:Pl'JNCE OJ' :i'l!3S. COMPENSATION No member of the Department shall aooept AZI1 fees or oOlDpflnsat1on of AZI1 kiDd 1'roIII AZI1 persons, apnoies, oourts, oourt oft1cials, or an:r others, exospt euoh fsss and cOlDpflneation &8 &1'8 speoif1cally prov1ded IDd author1zsd b;r law. 334.6. DISPOSITION OP UNAll'rHORIZED Gms. GllATtlTITms Any unauthorized gifts, gratuit;r, 101D. fee, revard, or other thing fall1q into IIIIT of these oategor1es ooming into the possession ot ~ membsr eha11 be forwarded to the oft1oe of the Chiet of Polioe, together with a wrUten report explaining the o1rcumstances oonneoted therewith. 33$. 0TBIIl 'l'llANSJ.C'l'IONS Evez,o member 18 prohibited f'rom buy1ng or s.ll1q en;rth1.ng of valus from or to an:r oompla1nlDt, suspect, witDess, defendant, pris10ner or other person involved in an:r oase whioh hall 001118 to hill attention. or which &rose out of his departmental emplo;yment, exoept &8 ID&7 be ottio1all;r authorized b:r the Ch1et of Polioe. 33$.1. PROPERTY. PERSONJ.L USE Kembers shall not oonvert to theb: own use or have an:r 01a1m upon an:r found propert;r, recovered propert;r, or propert;r held in evidence. 336. COIl'l'RtBll'l'IONS !'.embers shall not oollect or reoeive an:r money or other thing or valus, nor shall they circulate SUb80ription papers, sell Uckets of an:r kind or oollect mone;r from IIIIT person ror an:r purpolle, without the e%press lUId 1nd1ndua1 wrUten permission of the Chief ot Polioe. 337. 0J'J'-IlU'l'Y IlEPORTING IN !m:RG>>lCIES Members ott dut;r shall, upon official notioe, report for dut;r 1med1atel:r upon receipt ot noUtication, lUId oompl;r with instructions given at the time of notifioation. Members shall report 1mmecl1atel;r in the event of an:r major d18&8ter. 338. O,,-Wl'! SIIlIlVICE Members off dut;r shall pertorm neoess&ZJ' pol1o. eerrioe whenever and wherever the:r new orf..i"..1 acts. exolud1q minor traffio incidents. .,.,4 3)9. orr-IlU'l'Y NEIGBBOlUlOOD DI.uvl"J;:I Members shall not intenUonal1:r beoOlll8 involved in neighborhood quarrels or d1eputes when oft dut;r. These dillplltes should be handled by d1einterested persons or on-dut:r orticere. -1S- RULES AND RmULATIONS 340. ACTS OR ST.lTD6!HTS BY omCEIIS Offioers llhall not perform &Il1 aots or lIllIIce &Il1 IltatelD8nts, oral or wrUten, for publ1oation or othel'- w1se, whioh tend to br1llg the department or Hs ......fl'htrativs oft1oers into disrepute or r1dioule, or wh10h delltruoti.,.l:r orit- 10ize the department or its .....lnflltraUve ott1cers in the perfol'- lIIDOe of their oft1c1al duties, or wh10h tend to disrupt or 1mpa1r the perorlll8llCe ot ott101al duties and obliptions of ott1oers of the department, or whioh tend to interfere with or subvert the reasonable superria10n of proper diso1pline or ott1oers of the department unless otherwise approved. . 340.1. CRITICISM OJ' BOBOUGH AND DEPAR'l'MENT ConstrucUve ori tio1.. of lUI7 department, operation, emplo)'Be or pol1oy of local 8O'ftrn- I18nt 18 encouraged. Whenever there are lUI7 euch oonstruotivs cr1tio181D8, they shall onl:r be disoussed with ID8mberll of the department, lUId shall be traneml.tted up the oh&1n of 0-"01 for appropriate action. 340.2. CRI'l'ICISM OJ' OmCERS Evez,o _ber shall retrain from ...lrfng IIIIT statement or allue10n whioh dillOredits or disparages lUI7 member, except when reporting to h1s superiors as required by these rules. Evez,o ..mber shall acoord oourtesy, oons1deration and cooperation to evez,o other membsr. He shall avoid the malfeetatlon of &Il1 unfriendliness toward &Il1 member of the Department. 340.3. VNClT.T.1O!Il...i'OR R>>WlXS No otf1oer or .mber ot the Department shall. upon the street, in lUI7 busineee house or elsewhere, to lUI7 ott1oer member of the Department or to ID7 01 then, lIllIIce lUI7 rslll&1'k 1n regard to lUI7 oft1cer or I18mber of the Department whioh 11I&7 br1q the Department or lUI7 oft1oer or ID8mber thereof into dillrepute, or sub.1eot it or them to ID7 ridioule. A:rq auoh matter should be brought to the attention of the Chief of Pol1os. 340.4. J'ALSE omcUL IIIi:POR'l'& No officsr or I18mber shall a fallle off101al report, or lIllIIce a falee statement or Il'Osa1p about IIIIT offioer or _ber of the Department, or the business ot the department, to the diaoredit or detr1ll8nt of an:r IIUOh offioer or member ot the department, or the department as a whole. 341. J.SSISTANCE TO OTHER I'IM.DI!Ol(S Ul members are required to take appropriate poUoe aotion to aid a fellow offioer exposed to danger or in a e1 tuetion where danger m1ght be 1lIpending. 342. CI'fIZENS IN POLlOI CARS No person will be allowed to rid. in polioe "feh101ell excspt I18mbers of the department, 1nd1ndualll detained or be1q transported in the oourse of lav enforo_nt wort, or others speoit1oa11:r aJlpro...d b:r the Chief of Pol1ce or Mafor. ~.J -16- R1lLBS AND RmtlLlTIONS 343. PERSONJ.L ADVERTISING Members shall not permit the use of their photographs or names for advertising purJlosss, or b:r testimonial, reoOlllll8nd&tion or other melD8 partiCipate in lID)' advert1s1q BOheme or enterpr18e related to or based upon their elllployment vi th the Department, without the approval or the Chief of POl1ce. 344. lIl;vOfE WROLE TIME TO POLICE WSIHESS Each offioer IDd member of the Department shall dsvote h111 whole time IDd attention and shall give his undivided lo:ralty to the ssrv10es of the Department, lUId 18 expre881y proh1b1 ted from following eny other oalling or be- ing erl884l9d in BlI7 other business, unless he obtains the permission of the Chief of Polioe lUId the Mqor. No member of thill depart- ment shall be emplo;red, or seek emplo)'lll8nt as a bartender, or erl884l9 in the sale of &n7 alooholio beverages under any o1ro~ stances. AI thoUBh osrtain hours are allotted for the perfoI'- lIIDOe of regular tours of duty. ott1cere and members are oons1deI'- ed to be on reserve duty at all t1mes. and must act promptly at &n1 t1me their ssrv1c88 are required. Any request for outside elllployment will be routed up the cha1n of command to the Chief ot Polioe. 34$. SPliX:IJ.L POLICE wax No member shall erl884l9 in private or speo1al pol1oe work for &n7 Cate. dIDoe hall or other s1milar t:rpe ..tab- l1ehrDent or ooncem unless he has reoeived speoUio permise10n to do so from the Ch1et of Polioe. 346. ~u.;8SSARY INTmU'EllENCE. PRIVATE BUSINESS Orfioers shall not 1nterfsre unneoessar1ly with the lawtul business ot &n1 person. 347. OIVIL ACTIONS Members shall not institute eny o1vil action ar1e1q out of their oft101al duties without t1rst notifying the Chisf or Police. Otfiosrs shall not use the1r positions with the Department as a melDe of foro1llg or int1midating persons with whOll the:r are sDp88d in oiv1l ...ttsrs to seUle the oue in tavor of the ottioer. 348. PAYHBNTS FOR INJURY IN LINE OJ' DUTY Members shall not acoept or agree to acoept an;rth1ng tor personal 1n.1UZ7 incurred in the line of dut;r without t1rst notifying the Chiet or Pol1ce. 349. CML DISPlITES Members shall avoid entering into ohil dieputes, part10ularly while performing their polioe duties, but shall prevent or abate a breach ot the peaoe or orime in all IIUOh 0...... 350. '1'ES'1'tl'I1NG POR m ~ Any member subpoenaed to teetit) tor the defense in &n1 trial or hearing or ap1net the Borou&b or Department in &n1 bearing or trial shall notit:r the Ch1et ot Polioe upon reoe1pt ot the subpoena. .1 -17- RULES AND llI!CULlTIONS 3$1. CIWlGB OJ' &nllRR.'IS Members shall noti1'7 the department within 24 hours of chanp ot address or telephone IlUIDb.r. '!his notification rill be in wrUten form to c..-....Il"g ott1oer. 3$2. TELllirI1UM All members of the Department ehall maintain a telephone in their rea1denoe unless SX8l11pted br the Chief ot Polioll. 3$3. ltl!i:l.t'IlAlT TO SUPERIORS Eve17 member shall accord respeot to h1e c..........d.r, superior or superv180r at all times, and shall retrain from oriUoal or derogatoz,o oomment on orders rec.ived tram or 1S8U8d b1 h1m. 3$3.1. 3$3.2. 3$3.3. 3$3.4. 3$3's. 3$3.6 3$3.7. 3$3.8. , An1lll1i!SSING SUPERIORS When &ddreIlS1q superior ott1oers, members shall observe a respectfUl attitude and use proper titles at all tiMe. INP01IMING SUPERIORS Members ehall 1ntorm superiors of IUl1l1&tter oom1q to their attention whioh 11&1 arfeot the welfare or be ot interest to the department or IUl1 other llorough service. CRITICISM OF ORDERS Memb.rs shall not publ101r or1 t101ze instruc- tions or ordsrs the:r have reoa1ved. O.81ullfG llIITml~ All membere ehall ober IUl1 lawful ord.r 8IlI&nating from IUl1 superior offioer. Obed1snce to IUl1 lawfUl order 18 n.ver a defense for an unlawful action. CONJ'LIC'l'ING ORDERS Should IUl1 order oonn1ct with IUl1 previoue order trom &n1 other superior oft1oer, the I18mber shall promptl:r lUId respectfUll1 oall attention to suoh confl1ot or orders for the benefit of eaid superior officer. It said superjor ott1cer dosll not ohlDge h1s order to obviate such oonfl1ot, his ordsr shall etlUld. UBLlVJUL llIITml~ No 00lllllllUld or superrieoz,o officer shall know1ngl:r 188U8 an)' ord.r whioh 18 in nolaUon ot 8n1 lawful ord1nlDce or departmental ordsr or :rule. REPORTING VIOLATIONS OJ' !.lYS. ORDINANCES. RULES. ORDERS Members knowing of other members or elllployees violating lawe, ordinano.s, :rules of the Department or disobe;r1nr orders. ehall report s_ in writing to the Chief of Police via otf101al ohlDnelll. If the lIBIIber bel1svee the 1ntormaUon is ot such gravit;r that it IIIUllt be broucht to the ~d1ate personal attention of the Chi.t of Polio.. orf101al ohann.ls II&)' be b7P&ssed. J.CTOO SUPERIORS ... member temporar1l:r f1ll1ng the pod Uon of a superior, in an aoting oapao1t:r. shall be vested rith all the authorit;r and responsib1l1t;r ot the superior. -18- RULES AND BmUL.lTIONS 3$4. J'ORWAllIlING COMMllNICJ.TIONS TO HIGHER COMMAND An:r membsr re- oe1v1ng i. written oOllllllll11oation for transmission to a higher cOlllllDd shall, in svez,o oa88, forvard euoh oOlllllW1ioation to the dee1B11&ted h1gher 0""""...... 3$$. omCD III ClWIGE J.t the SOllns of IIIIT ocourrence vben a superior ott1cer is not present, the off1osr &8s1gned to that particular post will bs in oharge. In his absencs lUId 1n the absence of wry superior off1osr, the sen10r oft1oer present shall be in charge. 3$6. GENERAL RESPONSIllILITY OJ' MDoIBER J.T CRIME SCENE The t1rst membsr to &rr1ve at the lIoens ot a or1.ale or to other poUos incident 18 responsible for the tollow1q actions &8 ~ appl:r to the e1tuations, 8UIIDIOn1q of medioal ase1stenoe end the ad- m1n1strat1on of f1ret aid u requ1red to prevent .fUrther 1n.1UZ7 or loss of lite; arrest violator; seour1ty of the soene. I I 357. GRIEVANCES An:r IIBmber who feels that he has been injured or disoredited b:r a superior officer through unreasonable, unjust, ar1b1tru,' or tyrann10al conduct, or abusive lllllgUllBe shall place his 8rlevanoe to writing Bnd d1reot it through the oha1n of OOllllllADd to the Chief of PoUoe. who will submit the _ report, &long with reoOlDllBndat1ons to the Mayor 1t he dee.. 1t neces8&ZJ' . 3$". RADIO DISCIPLINE All IIIl!mbers of the Department operating the pol1ce radio, either tram a moblle unit or 1n the COIlIIIIUn1caUon Center, shall striotl:r obssrve regulations tor euoh operations as set forth 1n departmental orders and by the Federal CollllllUn1oa-- tions COIIIIIliss1on. j 3$9. THE RADIO OPERATOR Members of the Department shall &l~ obe:r the inlltructionS given via the radio b:r the Radio Operator. 360. COOO OJT THE Am 1.11 members will advise the C"""",mfoation Csnter when the:r depart from their moblle un1 t. This diepatoh shall 1ndioate their locaUon lUId reuon for ngo1q off the &11'." 361. AVAILABILITY WBm OR IlU'l'Y Members on duty shall not oonceal t.hemselvell except for SOIIlI poUoe purposss. The:r shall be ~atel:r lUId readi17 available to the publ10 dur1ng dut;r hours. 362. JlEQ.1JIJlED IlU'l'Y Members on dut;r shall devote their enUre t1II8 and energies to the duUes and responll1b1l1 ties ot the ranIc, grade or position to vh10h they are us1gned. 363. mlTlqlS J.n:r order posted in the Order llook of the Department Oftr the B18ZlAturs of the Chief of Pol1oe shall have the _ effect &8, and shall be oonstrued u part ot, these Rules and RegulaUons. -19- RULES AND RmULlTIONS 364. MARICING NOTICES OR Im'ACING Membere of the Department ehall not mark, alter or defaoe any printed or written notioes relating to polios or to other Borouch bus1ness. J.11 notioes of a deroPWZ7 oharacter related to official tr&neaoUone with the Department or the Borough or reprding any unit or person, are prohibited. 36$. llULLi'TIN INJ'ORMATION Members shall aoquaJ.nt thell8elves, dail:r vben on dut;r IDd 1mmediatel:y upon return1ng to work after d&:yB off or other absenoe, with an:r Bulletins issued, as ve11 as other departmental orders IDd publioations. 366. OmCIAL BUSINESS J.11 members shall treat as oonf1dential the buein88S of the Department. The:y shall give euoh iDtozmat1on onl:y to thoss authorized to rece1ve it. 367. DIVUWING CRIMINAL RIOOOBDS Contents of an:r or1m1na1 record or report f1led in the pol1oe department shall not be exhibited or d1wllllld to an:r person, other th8D dur1q the pr0088S of ID 1n- .,..Ugation, or to 1D0ther dul:y authorized law entorosment oft1osr, or under due process of law, exoept as direoted b:y a C"""".....f", off1oer. 368. J.SSISTING CRDlIN!I.S Members shall not 0"""''''l10ate in an:r IIIDD8r, d1rectl:r or ind1reotl:y, any intozmation vhich lD1ebt assillt persons guilt;r of cr1m1nal or quae1-orf..fn.1 aote to ellCape urest or pun1em.nt. or whioh IDlQ' enable them to dispose of or secret endenoe of unlawt'Ul aotiv1t,. or mone:r, merohandiee or other propert;r unlawtull:y obtained. 369. !XIJ(pftOOSING CRIMINAL CASES Membere shall not intertere with the proper .....fnfstration ot orf..Ina] .1uetice. The:y shall not attempt to interrupt legal proceee exoept where a IIID1fest 1n- .1ustics miebt otherwise ocour, nor partio1pate in, or be oonosrn- ed with IIIIT activ1t,. whioh m1ebt interfere with the procsss of lav. b:y shall not attempt to have IIIIT o1taUons or oharges to appear reduced, voided or str10nn !roll the records or f1l.s. ~ _mber hartng knovledp ot euoh aoUons and t&111q to in- 1'01'11 hill superior ott1oer the:nof shall be subject to oharllllS. 370. WITmroLDOO DlJ"ORMATION Off1oers rece1rtng or pos8eee1q facts or infozmation relative to a crl..Inal otfenee or cus shall Dot retain BUOh facta or 1ntormation throu&b ulterior motives, but shall report the tacts or information in aocordance with departmental procedure. 371. PJ.LS1i1 BIPOR'l'S OR!:II'l'RD:S No member of the Department shall make talee oft1oial reporte. or knovingl)' enter or oause to be entered in IIIIT department book, record or report, an:r inaoourate, tal.. or 1Iaproper polioe 1ntozmation or other material matter. ..~.1 -20.. RlJLES AND IlICULlTIONS 371.1. 'l'R!m!I'OIlIJ:ss Members are required to be truthfUl at all t1ll8e, vbether under oath or not. 374.1. 374.2. 37$. 372. IEP~ CaRRli:~ll'UI!UIIIolIICE J. IIlBmbar of the Department shall not forward oorrespondence of a departmental nature Oftr a eiBl1&ture other th8D the Chief of Polioe. 373. Dll:PAR'l'MI!:NTAL INVESTIGJ.TIOH-TESTIPYING Members are requ1red to lDever quelltions b:r, or render material and rele'9&nt statementll to, a oOlllpBtent author1t;r in a departmental personnel invellti- sation when so d1reoted. 374. DISCIWIGIlIG OJ' PmEARMs I'IllEARMS shall not be disoharged under the following o1roUlll8t1Deell1 (a> As a Yun1ng (b) J.t moving or neeing vehiclss involved in nolations of the motorvehicle Cods. (0) In allllisdelllBlDor oasss or incidents. (d) IndiIlOr1m1natel:r, not in the line ot dut;r. ~IIIG 07 :!H....SCJWlGOO O'~ Whenever a I18mber dis- oharges hie f1ream, either aocidental1:r or in the performmce of a polioe duV, exoept at an approwd ratIge, he ahall notUy his wperior off1oer u soon u possible. Members are required to report IIIIT deliberate or aooidsntal disoharging of f1reams in the f01'll of a vr1tten report. lIREARMS. DISPLAY OJ' Members shall never dillpllQ" f1re&1'llll un- necesll&1'il:r or draw them in publio plaoB8, sxoept for inspection or oft101al use. ~ ~CE 1.11 ...bers 18l1U11d dspartmental IIIIU1Ua1s are reepone1lbe for their mainteDlDOe, and will lIl8ke appropriate Oh8D&e1l or inllBrtions u directed. WESTS In "''''fI\B arrests. _bers shall striotl:r observe the lays ot arrests, and 0rim1na1 procedure. Onl:r neoee8&1')' relltr&1.nt to &81N1'l1 sate custod)' IDd the s&tet;r of the Ottioer shall be emplo)'lld. Tbe arresting offiosr 18 responsible for the sarst;r IDd protecUon of the arrellted person while in his onetod)'. Be shall noUfY the transporting ott1oers ot IIIIT in.1ur:r, apparent illneslI, or other condition vh10h indicates the arrested pereon Ill&)' need special oare. 376.1. 1lSIi: 07 I'JrSICAL:roRCE Mal1oious usaul ts or batteries oClllllli tted j b:r _bers oonsUtute gross mieoonduct. Tbe 11M of ~lIical force llhall be restricted to oirGUlll8t1DOes specified b:r law vhen neoess&r)' to aoocapl1eh a police task BUcoessMl:r. Whenever 376. -21- , ROLlS AND RmtlLATIONS a member on or off dut;r 111 rsquired to strike or us. oonsiderable ph:re1oal foro. 86&inst another person, he shall J.mediately call his onmma....fng offioer to the sosne or, it not praot1oable, oontact him U lloon &8 pose1ble tollow1q the 1Do14ent, and subm1 t a vr1 tten report to the Chisf of Pol1oe via normal ohannels. 376.2. CUSTODY 0' PRISONERS Membsrs oharged with the ouetod;r of pr1lloners shall observe all laVll and departmental orders reprd- 1IIg thill aoU'f'1t;r. Pr1lloners shall be kept securel:r, treated firmly and "'.......ly, and shall not be sub.1ected to unn.o.ss&ZJ' restraint. 376.3. PRISONERS OR :!u~IlA..TS. sumUARDING Oft1o.rs shall be oautious in the arrellt lUId detention ot pr18on.rs or 8U8pects, IDd shall tat. all neoess&ZJ' precautions to prevent ID .soape, or the oarr:r1nr of weapons on the pr1ll0ner's person after the arrellt, or 1n.1UZ7 to themselves or any other person, or damage to propert;r . 376.4. PRISOHEIlS OR :!u=J!N"rS. AVAILABILITY OF VE.lPONS Oft1o.rs shall not plaoe weapone or ob.1ecte adaptable for ues u weapons and oapabl. of 1nt11ot1q ssr10us bod11y 1n.1UZ7, or permit IIUOh VlIapone or ob.1eots to :remain unattended in 1D11ooation in the pol1oe quarters normall:r acc.ss1ble to a prisoner or suspect. '!his regulation doee not apply to fixtures or turnish1ngs whioh are part of the ph:re1cal plant. 376.$. PRISORER'S PROPER'l'Y The &rreat1q offioer 111 reeponB1ble for the aecur1 t;r of the personal propert)' in the poas88e1on of the arreeted person or under his oontrol at the t1ll8 of the arrellt. He shall sse that euoh properties are safely stored until the7 oan be returned to the arrested person. i 376.6. 'l'1UNSPORTJ.TIOR OP PRISORERS When transporting pr1llonere who are IIUBpeOted of a felClZQ' or who are viol.nt, the:r shall be hlUIdcutfsd with their handll behind their backs. The onl:r emspUon to this :rul. 111 vhen the health or other Jlh7s10al oondi Uons of the prisoner doell not permit it. 376.7. PDfAL1Il PRISORll:IlS J'emale pr1llonsrs or 8U8pectS shall be touched onl:r u neoeas&ZJ' in t..I.ff\g them into ouetod;r and detel""fnf." that VlIapone are not be1q conceal.d. '!his ord.r should not be oonstrued u to preftnt lIl&le offio.rs trom ...Id", neo.ss&ZJ' searches of femal. pr180ners for ev1d.nce on felon:r C&88S vben ~ offloers or _trons are not pres.nt. When tr&neporUng females, m1leage and t1ll8 shall be radioed to the dispatcher, at the start lUId fWeb of the trmsport. 377 . J.'1"l'OlllIBYls AND ~ No I18l1ber ot the department shall, in the line of dut;r, either direotl:r or 1nd1reotl:r. reo. nd the 8IIIplo;rment ot IIIIT person as attorne:r or couns.l. No _ber shall 8U6Pllt or reo_nd the n_ of any bondlllllD to IIIIT pr1aoner or sulIptQ t. ..... .~ -22- RULES AND RmULATIONS 378. TlUNSJ.CTION WITH PRISONERS Members shall not do businesl with or eD88&'B in M:1 business transaotions with IIIIT person confined in the jail without the upresll pesssion of the Chiet of Polioe. 379. POLITICAL RIGHTS The right of evez,o off1oer or I18mber of the deJl&1'1;lllent to entertain politioal or parUSID opinion, or the right of the eleotive tranohise, will be d....d saored and in- v101ate. However, no off1oer or ..mber of the department will be permitted to be a delssate or representetive to, or .mber of, M:1 politioal or partisan oonvention whoss purpose 18 nOll1n&tion of M:1 oandidates to M:1 political off1oe. Neither shall M:1 oft1osr or member of the Department aot u Clerk or Judge of M:1 board of registry of eleotion, or Clerk or .1u4ge of ~ pr1mar,r or general eleot1on. No Police Off1oer shall serve as ID slection off101al. nor shall he engage in M:1 poliUoal aotiv1t;r, other th8D to vote, in behalf of or in opposition to M:1 olDd1date, pol1tioal part;r or publ10 18eue involved in M:1 election. Violations of this section shall result in oharges. ~ off1oer or lD8IIber announoing h1meelt II olDd1date for M:1 offioe elective b:r the people shall, ~1atel,. upon euoh announce..nt, res1sn from the Department. It shall be the dut;r of the Chief ot Pol1oe. upon hearing that ID ott1oer or member of the Department 18 mentioned for an oft1ce, to require such offioer or member to declare his intentions. 380. JIEPUSAL TO \101IX The alternative to law and its entorcement 18 1UI&roh)' lUId its result1q devastation. An officer's oomm1tment to publio serv10e lUId profese1onal ethios precludell his '''~gJ''g in strikes or s1milar ooncerted activities. For thess reasons pol1oe off1oers do not have the right to str1ke or to enpp in M:1 work stoppage or slow-down. It is the POl1c:r of this Department to seek the removal from oft1ce of M:1 officer or o1nl1an emplo,..e who pllDB or enpges in M:1 euoh strike, work stoppage or slow-down. 381. llU.Ilvl!;I!5!VE ORGANIZJ.TIONS No member shall knowingl:r becOllll a member or oonnected with M:1 subvere1ve orllD1zation, sllOept when necess&ZJ' in the perforll8DOs of dut;r, and then onl:r under the direction of the Ch1ef ot Pol1oe. 382. llEPOR'l'OO Memben shall promptl:r submit euoh reports u are requ1red b:r the perforll8DOe ot their duties, or b:r cOlIIpetent au thor1 t;r. 383. P.lYHIH 0' DIi:BTS Memben shall so &1'1'WIge their penonal f1nlDoial attain eo that orediton and collecUon .na1ls will not have to make use of thl ~r or Pol1oe Department for the purpo.. or -Idf\g collections. -24- CJIA.Prli:R IV UND\lMS ~ 1Q.1lUrlSN'r 401. WD'OItM 07 TIll IllY 1.11 I18aben will be requ1red to war tbe un1t01'll of the da:r u set b:r the Chi.t of Polio.. Pen0llll81 shall be properl:r un1toz.d vben on duV, emept1q thos. Offio.n who are ueisne4 to oinlilD dre.. b:r IpeOUio order of the Chief ot Polio.. 402. WBAllOO 0., llND'OllH AND ITS APPEAJWICE Oft1c.n shall k..p their unitorm olelD, wll-bruehed, 8Dd pressed. The:r shall, u often u it'. neoesll&ZJ', .n..t.... and olelD tbe1r .qu1p1D8nt, and ke.p the s_ al~1I in good serrioeabl. oondition. Vh11e vear1q the un1t01'll, members shall maintain a military bear1q, a'YOid- 1q mlDner1l1118 euoh &8 slouching, ahutfi1q, or pIltUng tbeir hand. in their pookets. Jackets and ooate shall be buttoned up wben in pIlblio. The un1form hat shall b. yom wbene.,.r out of 4Don. I ~03. JO:PLlCEMJ!m' ON llEPJ.m OJ' llND'OllM ON lJQ.u.uTII!dl' If IIIIT part of the un1f01'll or equ1p1D8nt beoOlllls ~d or shove .mesd.,. VlIar, it should be sublll1tted to the Chief of Polioe for In- specUon. Pa11ure to mainta1n and war the Polioe Uniform in the preecribed lIlIlZlner rill reeul t in diec1pl1nar;r action. I.l1)' p1ec. of the un1torm or other .qu1p1D8nt damapd shall be replaoed or repaired 1n acoordance ri th the CollecU.,. lI&rgln- 1q ~.sment or the A.vard of the .lrb1traton u the cue ~ be. 404. C<JmIlUTIONS PROJrTllt'l'ED Ott1oen are proh1bi ted trom vear1q part Polio. Uniforms and part o1v1l1lD olcthes. 40$. !mItlti1l'l"S CBE9RON5 SergelDt's Che'lrODB, gold in oolor, rill be worn on the eh1rt sl...,.s, of un1f01'll eh1rts, b:r all _bers hold1q the ftIlIt of Sergeant. JIIQtlJ)wJ lilQllJ.J'IUT IX llND'OllM. ON ~ Vh11e on dut;r in un1torm, I18abers shall 0&rZ7 or ha.,. 1med1ate1.:r available the follow1ng equ1p1D8nta 406. a Badp b light Stick o Jle'Y01.,.r and 16 rounds d Vh1I1Ue . Handcuffs t Botebook Pen and Penc1l (g) IdenUf1oat1on Card {h~ ParId.nr Uoket book i Ticket Book .1 'l'ratfio C1taUons lUId Hoo- 'l'ratf1c Citations {k~ nuhlight 1 Chem10al Mac. m Protecti... V.atll, Worn at all u.s while on llut;r j 407. DQ.1JIBID IQtlU'lWt'1' IX CIVILUN CtmDS. (If llQn OD-duV _bers w&r1ng c1nlian clothes rill 0&rZJ' the tollow1ng equ1p1D811tl -26- CHAP1'EIl V Pli:IlSCIllilIL .AND DISCIPLDll soo. J.!SmCE FRCII Dll'l'Y No oft1oer or member of the Department shall be absent from his regular tour of dut;r wi thOIlt permission of his CnMftA""llng Offioer or the Chief of Pol1o.. $01. DAYS OW J.ll off1oerll and members of the Department shall be enti tled to two da:rs off each week. S02. VACATION J.ll off1osrs and members of the Deputment shall be eligible for vacation leave .. determ1ned b:r the Borough personnel regulations. The Collective Bargain1ng agreement, or J.vard of the Arbitrators &8 appl1oab1e. S03. HOLIDAYS Paid Hol1dqs shall be granted to all off1oers .. determ1ned b:r the llorouch personnel regulations, or Borough ordi....."<). or Collective Bar8l'fnt." ~nt, or the Avud ot the Arbitrators .. appl1oabl.. S04. TIME OW POll DEl'l'H IN PAHILY T1II8 off for death 1n f&llll:r shall be granted to all Officers as determined b:r Collective Barpinf'1g oontraot, or the Avard of the Arbitrators &8 appl1cable. SO$. DISABILIi'Y A Pol1oe Ott1oer injured on the jOb and 1Dc&pao1ted troIII performing hill duti.s teIIporar1l:r, shall b. paid his re- gular eal&ZJ' .. dete1'll1ned b:r llorough Ord1nence. It IIUOh Off1oer is pe1'lllllllentl:r disabled he shall reoeive IIUOh benet1ts &8 d.tem1ned b:r Borou&b Ord1nanoe, Collective Barpinf." Contraot or the Avard qf the Arb! trators .. appl1oable. S06. SICK LEAVE S10k l.ave shall be granted to all Officers with tull PlIiI' &8 is detem1ned b:r Borough Ordhuln.,.. the Collective Barpfning Contraot, or the J.vard of the Arbitrators.. appl1cab1.. $07. CERTInCATE PRCII PHYSICIAN POll ILIBESs In ca.. of abllenae troIII dut;r of ID Off1oer or I18mber on acoount of e10kness for a period in excess of three 0) da;re, a oert1t1oate t'rom the attend1q ph:re1011D stet1q when he V&8 oalled to attend the c..., or vben the Off1o.r reported to him for treatment, the oau.. of the siokness, and the DUIIlber of nsits made. J.lIIO the date the patient V&8 diecharpd for return to dut;r. Such oertit1oate IIIUllt be torvarded promptl:r to the Chief of Pol1o.. S08. lINEXPL4INED ABSmICE Unexplainable absenc. for two da:re or IIOre by ID Offioer or _ber ot the Department shall be deemed, and held to be. a ree18ZlAUon b:r euoh Otticer or IIlellber, lUId aoo.pt .. euoh b:r the Chi.f of Pol1oe. .,) 509. INJURY IN TIlE LINE OJ' DUTT In 0&88 of personal 1n.1UZJ' euat&J.ned b:r an Ott1cer or "'lIber of the Department while in the pel'formenoe ot hill dut:r, he shall '--diatel:r, or .. soon thereafter .. egr,S/b1l#' report or caue. to be reported IIUOh 1njUZJ' to the e or Pol1oe, or his Commanding Ottioer. -27- PII:IISONNEL AND DISCIPLINE 510. WHO JS SUBJllX::T '1'0 DISC~LINJ.BY J.CTIONS J.n:r .mber or Offic.r rtolaUng his oath and turet b:r oCGl1tting an oftBDII. punishable under the lavs or statutes of the t1n1ted States, the State of P.nnqlve.n1a uount1q to a m1sde.lDor or felon)', or who rtolate. ID7 prov1a1ons of the :rul.s and regulations or procedure. of the Polioe Department, or who d1sobe:rs ID7 lavtul order, or who 18 pilt;r of oonduot UIl.beoOllling ID ott1o.r, or who 111 iDoOlllpBtent to perform his duti.. is wb.1eot to appropriate dillOipl1nar:r aot1on. $U. J2J;SCIPLDURY PmAL'l'IES J.n:r ott1c.r or member of the Department sii8Il be subJ.ot to repr1mlUld, wspene10n from dut)-, reduction in r&lIIt, disllhsal trom the department, or ID7 one or IDOre ot the foregoing penalUes, acoording to the nature IDd agravaUon of hill offen8e, IDd in acoordlDo. vi th the prov1ll1ons of the llorouch Cod.. $12. 'l'ES'l'D'fING IN IlEPAR'I'MEIl'UL IHVE:l-u\iJ.'l'ION Member. or ellplo:re.. are required to an8Vllr que8UonS by, or render IIIIT releVllDt statement. to, a oOlllpBtent author1t)- in a departmental personnel invellt1gat1on, vhen 80 directed. I $1). ESTABLISHING ~ OJ' J. VIOLl'l'IOR Bx1steno. of facte estab- lieh1q a violaUon ot lav, o~!f".""'e or :rule is all that 18 D80eee&r:r to support IIIIT allegation of euoh u a bae1ll for a oharge under this section. It 111 not De088E&1')' that a formal oomplaint be f1led or sustained. 10th1q in thi. Manual prohibits dho1pl1n1q or oharging members mere17 be- oaus. the all.ged acts or omisa1on dos8 not appear herein, in Departmental Orders, or in lavs lUId ordf.......... within the oogn1zlDOe of the Department. $14. ~AR'DmNTAL J.tl'l'IIORm '1'0 DISCIPLINE Pinal departmental die- o1pl1naZ7 author1t;r and reepona1b1l1t)- re.ts with the KaJar. J::m.pt for oral repr1mlUld.. all d.partment dilloipline IIIUllt be tak.n or approved b:r the Ma1or. Other wperv1soz,o personnel ~ take the toU~..ng diao1pl1n&ZJ' action or l18aBUre.1 $17. (a) Oral repr1mand (b) Vr1U.n reprimlDd (eub.1eot to Ka;ror'lI Approval) OJ' DISCIPL ART J.CTIOR '1' Vhenevar dil101pl1nar;r aoUon is taken or ftOc.Mnd.4 em.pt for oral repr1mand). & written report IIIUllt be wbm1tted 1Iaed1ate17. in quad:rupl1oate. oont&1n1ng the following intomaUonl (0) Written recc.D8ndaUOIl of other penalties .,) (a) 'rile fUll _ IDd rlUlk ot the pe1'BOD reoc.Mnd1ld tor diec1plinlu7 aoUon. (b) The date(s), t1lle(.), lUId 1ooation(s) ot the m11100ndu0t. -28- " :PEIlSONNEL AND DISCIPLINE (0) The seot1on Number (s) of thill manual nolated or oOlllllOn desor1ption of the iDtraot1on if not OOftred in IIIIT .sotion of thia lIIDual. (d~ A ocap1ete Iltatell8nt of the faote of lIieconduot. (ef The punishlllent 1IIIp0eed or reoOlllll8nded. ( The written ei8ZlAturs of the report1q otticer. $18. ~IS'.rRIIlU'1'IOH OP REl'OIlTS OJ' DrSCIPLllUJlT !C'1'IOll The report shall be d1l1tr1buted all follows b:r the officer 1IIIpos1q or reoOllllll8nd1ng diaoipl1naZJ' acUonl {:~ The original to the Ma;ror. COPT to the Chief of Police. One oOPT to be retained b:r the Off1oer 1IIIposing or re- oommend1llg the aoUon. One oOPT to the off1oer vbo 111 the eub.1ect of the report. (d) $ 19. DD'OllMnlG Im'IIlEIl WHO HAS C<JlIoJh".l'l!iII DmlAC'l'IOll When the inve s ti- ration of an:r 1ntr&ot1on hu been ocapleted, a oOPT of the faote, 1nalud1q the reoommended d1s01pl1naZJ' aotion, will be given to the offend1llg off1oer. '!his report IIIIllIt 1nalude the rule or regulation the I18mber 111 alleged to have violated and the faote UDoOftred to eubstlU1t1ate this oharse. I $20. Clh.ld!lt I S COO'LAINTS AGAINST POLIOR PERSCImEL ~ member re- oe1T1ng euoh a complaint shall notit;r the Sergeant on Duty, who will invesUgate the oomplaint and malte a vr1tten report ot his fl....'''<<lI to the Chief of Pol1oe. It the Sergeant on dut;r feels that the iDo1dant 18 of eutt1c1ent grant;r, he will notit;r the Chief of Pol1oe prior to oonduoUng an:r investigation h1mselt. $21. INVES'l'IGA'l'ION OJ' ALLIi&ED MISCl!lDUCT The offioer ue1sned to the inwstigation of an alleged aot of a180onduot on the part ot a _ber of thia Department shall oonduct a thorough IDd acourate investigaUon. Such investigation shall include formal state- ments frog the Offioer and all other parties coneemed, the gather1ng lUId prsservet10n of IIIIT ph:re1cal evidence pert&1n1ng to the oue, and all other 1ntormaUon bearing on the matter. 522. Wwr1'S OJ' Ilms;;'l'IGATION OJ' AT,T~gJ) J.C'1'S OJ' MISCONllOCT Evez,o allsged aot of m1soonduot IIIUllt be investigated and the reeul ts of the investigation llUat be rsduoed to a vr1Uen report. The inWlltigaUng ottioer shall eumarlae the pertinent fact, inolud1q1 t:~ A -r:r of the oOlllpla1nt or allesed act of m1soonduot. Pert1nent portions ot the lltatements of all parU.. to the iDoident. J. deecr1pUon of the incident, ph:re1cal 8T1dence and other end.nce 1IIIportID t to the cu.. '1'he observeUons and oonolUlliona of the inwatigating officer. ...) (c) (d) .. -29- ~- PEllSamm. m DISCIPLINE 9uoh reports will be quadruplioate and be handled and 41str1buted u prenouely indicated in Section $18 ot thill Manual. $23. mmnms One of the f1ndiDge lilted below will be included in the report of investigations of ID allepd aot of m1soonductl (a) Unfounded I The Invelltigation 1nd1oates that the allspd aot or aote did not ocour, or failed to 111- volve polioe personnel. i (b) Ixoneratedl Acts did ocour, but vere .1uetified lavtul and proper. (c) Hot Sustained I InVllltiption tails to disoowr eutfic1snt svidenoe to olearl:r pro.,. or disprove the allegations made in the ocapla1nt. (d) Sustained I The iDvest1gaUon di8010eed eutfic1ent endenoe to olearl:r pro.,. the alleptions made in the oomp1aint. (e) lot Involved: Investigation establishes that the 1nd1vidual I reoe1T1ng or sub.1ect to thill complaint vu not involved in ths alleged 1Do1dent. $24. ~ AGADrS'l' SUPERIORS Complaints apinet all !!U~rior ott1csrs eha11 be made by _bers ot the department in vr1 t1IIg d1reot17 to the Mayor, with eupporUng taots and C1roUlll8t1Doell. $2$. ~ VI'rH DISCIPLIlWlY AC'l'ION m/OB J..ltyl!ft:f.l'lGATIONS Azq ofticer or member &p1nst whom fomal oharps haft bsen made, who shall attempt d1reotly or 1Dd1rectl:r b:r threat, appeal, or pereuu1on, or the ~t or }l1'ClII1se of revard, to eecure the withdrawal or abandOllllll8nt of such oharps, or who at IIIIT t1llle before final .1udament shall oause any person to interoede personall:r, or b:r letter in h1s behalf in any mamer whatsoever with &n1 off1o1al iD or outside ot the Police Department, or with IIIIT other pereon, tor the purpose ot aecuring the withdrawal or abandOlD8nt of the formal oharpa, will be tried on ohargee of oonduct unbeoominr ID officer or member. Thie section shall also appl;r to lIIQ" ott1oer preferring charps. Thie:rule shall not be con- .trued to prewnt an otf1cer troIII coneult1llg with Lepl COUJl8e1 or relltrict the aotions of IIUOh oouneel. ..) " v'~rh.1I, I .".J Jt- IX !3-Z.~-9.6 /~ ~ S' - /.,6~ f1e:..kt::d ">.1' ..~ ~~rt:ln ~ 4~'A~_~ PY1 of:. y.,.,."..~ ~)'j~.::r ?~k..,/ A,,~ ,.,,,, / ~/"~J A,;.., ~,..,r"'4- . At:. J.yf -- b-j / $'~ ~",~I ~.......A,.........~ ~ halJ ""1 ;/',k - ,.p,.,s~ AAr,,,./P7 ~ i/1',k;//'" ~-/( - A~ ~... .r~,...e~/ / ,/r/h) ~/~k.,/ ~.fI~ h~~' /,4'0~~ h1J1?;' ~4r~ '. /1/J,/< /~ ;:;rv~eY'1':'-:,/ rlH>7-. I .6~'/hf""; .#0/."- 'J? A/CIrf, .-;~ S~.)C(J#f/ //V~~ s -- _~.n ~/1 .. "v.s~YT: ~,.,,,,..,... _ t:."e.,...". /,-, b'(',.,,/I /)'\~ i"vJo/.J.....,y y::~.../ /' f.)~.I.,L orvsk.", "Ao..... ..,.~7 I . #tc ~rt/l~ /hy ~"- - X 7v;-~", ! ,a.t4",~j- ~/ ~w.,,/~ j1~./'4. ~~1fL..4 ~'7 I p.{('. .IlI\'1~.1 ~ Ve./ A; .r~~~ ~ ~ ~ Wot ~ ,.... ~/.k-~ - ;::z:- h.-/ ,l:r}~;J; l/$- ~ It'- ---~ /IJ,,~ ~ ~ i ~ jl1u~.J /",sW I'... - /0 G ~~~~ ! ~ I,I-.J:.,,...~ ~ 1-.,1Ac/:4,. v - W,II,J c."')tJ.........,6~ ((i)~ ~ ,fI: $~.2? o~ itft,l'IJ,,.,, r;1J5t1/~~ NltJ...).. th? /)/ IT, ./ () $ W1' If::r. :i,-~ ~ ~ {1A..,f wAJ ~*ee-~ ~n/ EXHIBrr ~..('o...'\\., I'll S--Z-~l ~c.\l ... , HfO"-!b-! ';1":1'1 . " !4:,U H,Uf1 rleChanlCSburg fOol". .'t'pt IU '::':;'/o.11:;U4 fO.U" 4x,:/ 'V BOROUGH OF MECHANICSBURG POLICE DEPARTMENT HAROLD V, HEIlTZLER "'.Y9' 181->>00 102 WEST ALLEN STREET MECHANICSBURO, PENNSYlVANIA 1705~1203 RODNEY L WHITCOM. Cli.~, 01 '~11Ct eat ,3300 EMERGENCY 911 June 04, 1987 TO: SUBJECr, Use ot TorCfl PoltC!/ TIIOH, ( . ( ~",,1i ALL OFTlCERS EXHIBrT ~\\a....-\ \ 1\,.,-0" Kc.\.\ ~ .' , ChJ.et 5ihJtcolJI~ "':.., -':,.... J,"',: :;: . :),' :.:~, ~~ I"::~ ~-"':Io' "'t.. . \'!' .' '. ... ..'~ ~ tf-.C""," 'r;., " '. .:. ".. ." ,'~'"r'4 ~ ..'" T. ~ ,., ' , ' .' _ . . '.. ~~, "::.. "',1'__ .... USIl ot tOICCfl Othe~ rINd ..r>>adh.l'll.II.s.LC.1!':J'V.r? ..:'" '., /!e.{i;'s~}i'ui~~i;~f#l<~~~~~~~~~,~;~~Cf~ S.Ltu.ti~ns inst~ lc:.t 'conl'o~~. "fu' th.Ui'l~~..~~~*,_Jl~t~on .nd the Const~tutionoJlK1'~~. ,f?t the COIlllllO/l!"f..~l~.~~~""'; "'''}..~l'imes Code rit.l.!I.l'. ~.' '1t.ion._. ;~~..(aJ 1~. ).':.{.1.).pror;.~f'~,'Ir~.;'/;:'. "'.$'d.';~".',~. J~.,.]e~t...I?~~I'..s'.l1:1e!~.tocce ~~" ,~1~';. I , . (l ),: :A. 'gf..c:e~ oft.tcu)::.o't' any pers ~ ''llQ'",s,-.oned . '... ", .~" ,'of'.~'re~t;'!4 to' assist' 'h1ir;-~.~i' :~rJ!itdJ~ifl, ~esist trOta : .::. " >" e.!f.9rt.~.. t~ 1l1Akl!.,...l.wt~!.a.rft'.rt)i~~'~~M'f'~,.,tanc. or : .:.' . ~ :;: threa~e~.cl.~$'i.!:t,jnce. /. ~d ~. . e.:~t~~~...,.._..~~ ~.::i,,~~jJ'.ted , -:'. ,: .,1,,':. ....;;.'...:in.~h';.;;~. .,~:.?t, lI~y t~r~.~ w.lf.lr;N~r~~~".~~. '.' r.-..cfP.;~~~'.'lIe<:e$sarY . ~ ".::. "', t.~c~~"t.+..~ a:ce~t-,.9d..' .: Il~; " .~il:!~ '..beheves , :...., ".to ~'II~"a,z,:!I'to 48(. .' .~,' . ...""!~1!ter.". bodil!/ hUll :. . "; "OJ.J:!:'~lakif'g. th,e .u~t-~;..,?, . ~~~~ .:.r~r~11 . .;.AH .'A. p!~~e, ottJ~r~~Jtl!1:,~n.'B.fi.lJjl1.U.ff.!''aD;'''S.~~ .LnvalJ.d .., "::';:"; W~('f.tn~i$JuS~I,fJe~'Llt".t./ie.'l1;l!lI!~ ?~::~~~'yh.LCh he lIOu1d .'~..~ ~~~~l.'f~!t'~f'd.)iit:=~_j~~;.~. r.~..o/!!.:.;t~'~~lllt,~f:il~.A.lld, unless uti' kl'lOlo(s. tbllt,. ""'w.~a!J~-"",,.;_~_,,:,~~.'''>,''; . ,. .'. '.- . ..':':.t"~T~.fti.,.:r~l'. .:/j':~-l~~~l-" J Lilli tauon~..~' ~~;:, ~:~ .?~,.~~!~~;~~Jl~~~lt.~~~'~:'>:- . De.dlll physicoJl; torr::e,.r:.an'i~ dtit;in~fI:':tM-~~Prilicaticm of 411!/ instruIMnt ..hich' 'ls'l.LJu!l" tg., 9rPclu3.;d!tatlr or guat bodlllJ harm . - " l"" ..~.,,; ,.. under the r:ircu"st<<JlCell..of.,..i:~. uUi"'S!leJi instruments inclUde but oJre not limited to tii~atms,.bld~f1.cks, flashlights, riot b.tons Or nightsticts, knives or automobile, HeAbers shall use deoJdly physical force onli ~n co~tO~it!/ ..tth the Constitution .nd laws ot thll C~otltll of ".t. l'A Cd... cO"e riele JI, Section S08(a) (l) (i) fi.i) ;,rov.Ldes: (a) 'l'eacll otttr::ec's use ot tocce in mattng arrest. . (l) ." he is justt~ted in using a..dly torce Onl!/ whlln he kl ievu that such tocee is nKesui-y to pr."ent death or serious bodily injucy to himself both th.t: (J) sur:h tocce is ne~nu'lJ to prevent the arZ't'st trOta being dllteated by Nstst.nce or escaPe; and (ii) the person to ~ arcested bas ~it.d Or attempted a torcible telong oc 1s .ttempting to escoJpe and possesses - , "THE DO_DUG" OF MECHANJOiRURG. A GOOn Pr.Ar.R Tn un" APR 16 '97 14:17 717 697 2671 PAGE.1l.2 *' BOROUGH OF MECHANICSBURG . POLICE DEPARTMENT 4..)(- 7- V " HAROLD V. HERTZLER 1.1."" (717) 691.3300 102 West Allen Streel Mech.n;csburg. PA 17055.6203 FAX (717) 697.2671 ROONEY L WHITCOMB CNet 01 PoIIe. (7171691'3300 EMERGENCY 911 September OS, 1996 TO: Rodney L. Whitcomb Chief of Police FROM: Hsrc A. Bradley Sergesnt, Criminal Investigations SUBJECT: H.P.O. Internal Investigstion (96-01) . ORIGIN: Reporting Detective was essigned by yourself to conduct an invsstigation into an incident on 20 August 1996 involving Det. Esrl D. Bock and a prisoner, Jason L. LeBlanc, who wss at the P.O. for processing. This investigation is to be conducted in conjunction with your own Admin- istrstive Investigation and is to determine if there was any criminsl misconduct during the course of this incident. DETAILS: 20 Aug 96, 1415 hrs. - Reporting Detective met with Detective Daniel L. Peiper at H.P.D. for prisoner transport (SCIC) and drug hearing st D.J. Hanlove's. While on station Writer overheard Det. Bock's prisoner (LeBlanc) in the holding cell who was awaiting processing whils Det. Bock was telephonically communicating with his Probation Officer. LeBlanc was heard pounding or kicking inside the holding cell end shouting "I'm fuckin tslkin here, somebody better fuckin listen" I Shortly thereafter Writer and Det. Peiper depart H.P.D. via side entrence/ exit and Writer spoke briefly with LeBlanc when passing the holding cells. Writer asked LeBlanc how he was doing/what's up? LeBlanc sarcast- ically alluded to some charge of Bock's and sgain in a sarcsstic tone stated "Where's Bock? I miss him! While at the District Justics's Writer was contacted by yourself, notified of the incident snd requested to return A.S.A.P. and initiate an investigation. At approx. 1600 hra. Writsr rsturned to M.P.O. end wea briefed on ths incidant by yourself and Hayor Hertzler. It was learned that the incident involved an altercation between Det. Bock and LeBlsnc while in the processing area of M.P.O. Writer ascertained that in addition to Det. Bock snd LeBlanc, Officers Hyers and Agresta were also present and viewed segments of the altercation. It was further sscertained that Det. Bock was sdministrativaly given the rest of the day off and LeBlanc was transported to Seidle Hospital to bs checked for any injury by Ofc. Hyers. As per your instructions Ofc. Agrests was preparing s written stetsment on hsr obssrvat1ons of incident (originsl provided). .-..J EXHIBIT ~\)~\\C)."'\ 1.\-,,,,,,,\,\ '\<-t.\l "THE BOROUOH OF MECHANICSBURQ - A 0000 PlACE TO UVE" SUBJECT: M.P.O. Internal Investigation (96-01) Page 2 . . Writer now takes a written statement from Oat. Peiper on his observstions of LeBlanc while at M.P.O. earlier this data (original provided). 1640 hrs. - Ofc. Myers returns LeBlanc to M.P.O. from Seidle (copy of medical form/instructions provided). Writer instructs Ofc. Myers to photograph LeBlanc's head & neck area - there is evidenca of sn alter- cation, prior to this date, which includes stitches and bruising around the right eye (photographs provided). While this was being done Writer briefly spoke with LeBlanc in the pro- cessing room - LeBlanc stated he didn't care about his neck, that was no big deal, and was only interested in his shoulder. LeBlanc advised he injured it and recently had surgery. LeBlanc further advised that he couldn't use it in fighting with Bock. LeBlsnc next goes to Writer's Office for interview and written statement. Once in Writer's Office LeBlanc made mention to the marijuana plant (evidence in the case against him) by stating "I got to get out from underneath that felony". Writer then took e post-miranda written statement from LeBlanc snd sub- sequently had him swear to it before District Justice Klair later this date. LeBlanc made it clear that what he would like to see coma out of this incident is that all pending charges against him be dropped (original provided). Writer then transports Le&lanc back to C.C.P. and after checking him in serves an un-related search warrant of Officer Pellman's to seize LeBlsnc's bots ss evidence in another investigation. Writer next travels to Oet. Bock's residence and conducts an interview relative to the incident. Oet. Bock advised that from the time he picked LeBlanc up this date he began "taunting" dialogue directed at him personally. Oet. Bock further advised that LeBlanc would take an opportunity to get "in his fsce" while continuing the taunting. This taunting included assorted sexual innuendoes about Bock wanting to hold his penis while urinating and getting excited while photographing his tatoos with shirt off. While Oet. Bock was ettempting to fingerprint LeBlanc he used this oppor- tunity to invade his personal space in a somewhat threatening manner snd tone (Officer's Safety Zone) and Bock brushed him back with his right srm. LeBlanc initially grabbed Bock's right arm first and then both arms es verified by the printer's ink on both sleeves of Bock's dress shirt (retained as evidence). Bock further stated that after LeBlanc "lsid hands" on him he shifted from a defensive posture to an offensive posture ss Officers sre trained to do. Bock recollects e moving struggle with LeBlanc in the processing room area of station and the eventual intervent- ion by Officers Myers and Agresta. During the struggle Oet. Bock sdvised he did utilize a choke hold in an effort to subdue LeBlanc snd neutrslize his resistance. ~ 21 Aug 96 Reporting Detective orally interviewed Ofc. Myers while on duty. Ofc. Hyers advised she has no visual knowledge of the incident prior to LeBlanc lsying hands on Oet. Bock as she had her back turned when the actual physical altercation began. ~ ~ FRANK J. DOMBROSKI Lieutenant City of lIarrisburg Bureau of Police PROFESSIONAL EXPERTISE RESUME EXPERIENCE General Present Nil!.ht Shill Commandcr Twenly-eight (2K) ycars of law enforcemcnt experience. As a shill commander I supervised and managed the activities of thirty-five (35) police officers ineluding corporals and sergeants. HIGHLIGHTS of EXPERIENCE 1974 to 1976 Intensive Patrol Unit Police Officer Responded to all felony and violent crimes in progrcss. Emphasis placed on those crimes involving weapons. Plain elothes and decoy operations were part of slandanl operational procedures. 1976 to 1977 BundarvlRobberv Unit Patrol Officer Specialized in utilization of aggressive operational tactics and apprehcnsion of suspects. Routinely worked stakeout. decoy and plain elothes operations. I . 1978 to 1978 Evidence Manal!ement Unit Patrol Officer Categorized. logged and stored evidence and property confiscated by police officers. Developed a system of c,idence elassification and rotation. 1979 to 1980 Traininl! Unit Patrol Officer Assisted unit commander in all aspects of training functions. Specialized in Use of Force. lethal and non lethal. (fireanns. straight baton. unanncd self defense). Revised police reporting system by restructuring report fomls utilized by all police personnel. 19~0 to 19R2 Planninl! and researeh Palrol Offieer Utilizing analysis of need. developed both long and short range departmental goals. Researched and wrote many General Orders (still used). First to integrate the theory of .Continuum of Force" within General Onlers. Coordinated structuring of K.9 unit. Worked extensively with budget preparation. COMMAND EXPERIENCE -l 1982 to 1983 Internal Affairs Unit Sel\!ellntlUnit Commander Conducted investigations of police misconduct. Investigations ranged from physical abuse to discharge of fireanns. Most investigations involved the use of non lethal force. ,... EXHIBIT ~~S\\~,,\ ~-1..~\ "l~