Perryopolis mayor vows to fight mandate for police schedule
PERRYOPOLIS — Mayor Timothy Smith has vowed to fight council’s new mandate requiring that a copy of a schedule detailing what shifts borough police officers are working be submitted to other borough officials.
The mandate was passed by unanimous vote last month requiring police Chief Roger Beadling to submit a schedule of shifts covered by the borough’s two full-time and five part-time police officers each Monday morning. A separate motion also required that Beadling attend the next council meeting, originally slated for Wednesday, Aug. 12.
The mayor, who did not attend the July meeting, argued on Wednesday that Beadling operated under his direction — not the direction of council — and added that he refused to direct the chief to submit a copy of the police schedule to anyone.
Borough Solicitor Deanna Fahringer said the intent of obtaining the schedule was not to post it for public view, but so that other borough officials could review the schedule to ensure there were no gaps in police coverage.
Smith, citing officer safety concerns, referred to an incident about six years ago when the schedule was provided to just a few select people, and state police notified the borough police department that its scheduling details were indeed getting out somehow.
“I’m not giving [the schedule] to anyone, and if you can’t figure out why, you’re stupid,” said Smith, adding that he will secure legal representation to fight council on the matter, if necessary.
Fahringer said the mandate was legal and welcomed legal challenge.
Melissa Melewsky, media law counsel with the Pennsylvania NewsMedia Association, said it is clear that police schedules wouldn’t be public under the state’s right-to-know law. However, whether council members would be entitled to the schedule is unclear, she said, because there is no clear case law on that issue.
“I have seen instances where elected officials were required to submit right-to-know law requests to get agency records, and if that happens in this case, the request could be legitimately denied under the right-to-know law,” she said.
Following the meeting, Smith questioned why council would want to know certain scheduling details, such as what officers were working what shifts. He said he was concerned the measure could potentially set the stage for establishing a quota system, or a way of ensuring that each officer was issuing a required number of tickets each month as a way of boosting borough revenues, an additional reason to fight the mandate.
Also in police-related business, council approved the purchase of a new automated external defibrillator, equipment requested by Beadling after discovering the battery in the police department’s old AED to be completely dead.
Beadling had requested an AED suitable for the department’s needs priced at $1,599. Councilman Bud Petrosky, however, informed council that it was very likely the borough would be receiving a grant to cover the expense of needed police equipment and Vice President Frank Masney, Jr., suggested purchasing an AED that was more top-of-the-line.
“We need to get the one for $1,938 for only a couple hundred dollars more. It’s very important to have,” Masney said.
Also at the meeting, council announced that Independence Street will be completely shut down for a pipe replacement project set to begin Aug. 17. The state Department of Transportation project, beginning at the intersection of Route 51 and extending along 200 feet of Independence Street, should take four or five days to complete, President Paul Black said. During that time, motorists may need to gain access to the borough along Route 51 via an intersection at Star Junction, or by way of the intersection at Constitution Street.
In other business, council:
n Heard from resident Janelle Dadisman, who requested additional police presence at the ball field at night.
n Following an executive session, authorized Fahringer to conduct a title search on a property that may be delinquent on taxes.
n Granted permission for Adam Kohler to remove discarded, dead tree branches from Sampey Park.
n Approved an agreement with Frazier School District requiring the district to pave a borough alleyway prior to using it as access to the construction site of a new school.