Uwchlan Twp. v. Uwchlan Twp. Police Ass'n

• Decision Date: 09 October 2020
• Docket Number: No. 259 C.D. 2020,259 C.D. 2020
• Citation: 241 A.3d 113 (Table)
• Parties: UWCHLAN TOWNSHIP, Pennsylvania, Appellant v. UWCHLAN TOWNSHIP POLICE ASSOCIATION
• Court: Pennsylvania Commonwealth Court

241 A.3d 113 (Table)

UWCHLAN TOWNSHIP, Pennsylvania, Appellant

v.UWCHLAN TOWNSHIP POLICE ASSOCIATION

No. 259 C.D. 2020

Commonwealth Court of Pennsylvania.

Argued: September 15, 2020

Filed: October 9, 2020

MEMORANDUM OPINION BY JUDGE FIZZANO CANNON

Uwchlan Township (Township) appeals from an order of the Chester County Court of Common Pleas(trial court) dated January 27, 2020, denying its request to vacatean Act 111¹ grievance arbitration award issued by an arbitrator changing the discipline the Township imposed on a police officer from a termination to a one-year suspension.Upon review, we affirm.

On January 8, 2019, the Chairman for the Township Board of Supervisors(Board) notified Andrew Kline(Officer Kline), a full-time police officer, of the Board's decision to terminate his employment for violating what is known as the Police Tenure Act,² The Second Class Township Code,³ and several sections of the Township's Police Policy and Procedure Manual (Manual).Reproduced Record (R.R.)at 400a-02a.The Board's decision arose from an incident that occurred on October 26, 2018, when Officer Kline was on duty with Patrolman Warren Obenski(Officer Obenski) and Sergeant David J. Balben(Sergeant Balben).Id. at 12a, 29a-30a.During their shift, the three officers responded to a domestic violence call and, while at the caller's residence, Sergeant Balben seized a black duffel bag on the suspicion that it contained illegal drugs.Id. at 30a.Sergeant Balben told Officer Kline that he was seizing the black duffel bag and planned to obtain a search warrant, and Sergeant Balben placed the bag in his police car.Id. at 201a.

After arriving at the police station, Officer Obenski processed the bag and reminded Officer Kline that it could not be opened or searched until a search warrant was obtained.R.R.at 34a-37a.Despite this warning, Officer Kline searched the bag without a warrant, in the presence of Officer Obenski, and discovered that it contained marijuana and drug paraphernalia.Id. at 36a-37a.Officer Kline subsequently drafted a police report documenting the events, but did not mention his search of the bag in the report.Id. at 246a-47a.Before going off duty, Officer Kline informed Detective Sergeant Thomas Fortmann(Detective Fortmann) that they needed a search warrant to look in the duffel bag, but again did not mention that he already searched the bag.Id. at 76a, 78a.Relying on Officer Kline's statement, Detective Fortmann applied for and obtained a search warrant and used Officer Kline's police report as a basis to complete the affidavit of probable cause.Id. at 78a-82a.Once it became apparent that Officer Kline conducted an unlawful search of the bag, the Chester County District Attorney's Office refused to conduct any further investigation into the matter.Id. at 85a-86a.

As a result of this incident, the Township Police Department(Department) placed Officer Kline on administrative suspension.R.R.at 12a.The Department undertook an independent investigation into Officer Kline's conduct and hired Langdon Ramsburg, Esquire(Ramsburg) to do the investigation.Id. at 137a.During the investigation, Officer Kline told Ramsburg that he opened the bag because he believed it contained an explosive device that posed a threat to the safety of his fellow officers.Id. at 282a-83a, 349a.Ramsburg subsequently issued an investigative report that included findings and a list of Manual violations committed by Officer Kline.⁴Id. at 146a-47a, 277a-90a.Township Police Chief Scott Alexander(Police Chief Alexander) reviewed the investigative report and notified Officer Kline of the charges against him.Id. at 172a-73a.Officer Kline declined a pre-disciplinary conference and, instead, provided written responses to the charges.Id. at 174a.After reviewing Officer Kline's responses, Police Chief Alexander recommended to the Board that it terminate Officer Kline given the number of Manual violations and the fact that two were Class I offenses.⁵Id .

The Board voted to terminate Officer Kline effective January 8, 2019.R.R.at 400a.In its termination notice, the Board listed all the charges against Officer Kline, including two Class I offenses for abuse of process and violating the provision relating to arrests, search, and seizure.⁶Id . at 400a-01a.The Board explained that Officer Kline was terminated due to his "warrantless search of a black duffel bag on or about October 26, 2018, as well as inaccuracies and omissions in the report [he] prepared concerning the incident, in furtherance of the criminal investigation and search warrant, and in statements [he] provided during the Department[’s] investigation into [his] conduct."Id. at 401a.

Pursuant to the terms of the collective bargaining agreement (CBA) between the Uwchlan Township Police Association(Union) and the Township, Officer Kline filed a grievance challenging his termination.R.R.at 13a, 403a.When the parties could not resolve the matter through the grievance procedure, it was assigned to an arbitrator for adjudication.Id. at 403a-09a.The arbitrator held a hearing on June 10, 2019, at which both parties were represented by counsel, put on and cross-examined witnesses, and admitted exhibits into evidence both jointly and individually.Id. at 1a-5a, 408a.

On September 23, 2019, the arbitrator issued an order and decision granting in part and denying in part Officer Kline's grievance.Id. at 507a-30a.The arbitrator began by explaining that this case turns on three accusations: (1) Officer Kline "wrongfully" searched the contents of the bag for which the Department was going to seek a search warrant; (2) Officer Kline filed a false and incomplete report regarding the October 26, 2018 incident, including seizure of the bag; and (3) Officer Kline gave false statements to Ramsburg during the investigation.Id. at 525a.Based on his review of the evidence, the arbitrator found that two of the Township's charges were supported, specifically charges one and three.⁷Id. at 525a-27a.

First, the arbitrator found that Officer Kline conducted a warrantless search that was not in "strict accordance" with the Manual provision addressing "arrests, searches, and seizure."R.R.at 526a.Second, the arbitrator found that Officer Kline lied to the Township's investigator about the warrantless search, which qualified as abuse of process as defined in the Manual.Id .Although the arbitrator found these charges supported by the evidence, the arbitrator indicated that he was "disinclined to believe that discharge [wa]s justified in this instance," and instead that there were "very good reasons for forbearance."Id. at 527a.

In support of his decision, the arbitrator provided the following findings regarding Officer Kline:

First, [Officer] Kline has been described as an "eager" and "motivated" officer.He has worked his way up the law enforcement career ladder from part-time officer to sheriff's officer, to a position in one of Chester County's premier communities.From observing his testimony, I am totally convinced he wants nothing more than to be an outstanding police officer.Indeed from his demeanor at the hearing, I have full confidence in his explanation that his emotions got the better of him and his search of the bag was compelled by a conviction the police had prevailed in thwarting crime and a desire to see just how much illegality had been interdicted.

Second, Officer Kline has no previous disciplinary record with the Township, including both malfeasance and nonfeasance as well as time and attendance issues.There is no indication whatsoever that the Township had problems with him prior to this matter.

Third, the Township's taxpayers have invested considerably in Officer Kline's success, providing him with initial field training followed by specialized training as needed, notably the report writing class he was sent to and completed at Penn State and counseling by his superiors on what appears to be the lone weakness in his performance.His termination at this point would render all that effort and expense futile.

Last, the recruitment of persons who are as truly committed to police work as Officer Kline has become increasingly difficult, even in [d]epartments as attractive as the Township's.Fewer and fewer good people are willing to embark on and endure in a career in which on any day one may be required to save a life, take a life, or give a life.Just as few are willing to deal with the conflicts, gore, and tragedy officers witness on a regular basis.

R.R.at 527a-28a.Based on these findings, the arbitrator reasoned:

[Officer] Kline's failings here are not so serious as to permanently deprive the Township of a good officer.The progressive disciplinary system adopted by the Department accommodates the wrongs he committed while at the same time retaining his potential.It should be applied.

Given all the foregoing, I find there is cause for discipline under the [Manual] and the Police Tenure Act which is incorporated into the [Manual], both of which have been incorporated into the [CBA].However, the nature of the offenses and the specific malfeasance underlying each, is such that discharge is not supportable, whether the offenses are viewed jointly or severally.This officer brings an enthusiasm and dedication to the job the Township would have a hard time duplicating in another hire.However, while I am convinced he is redeemable, he must be impressed, with the serious nature of the things with which he has been charged, and the Department must impress the rest of its personnel of the seriousness of the infractions that occurred here.

Id . at 528a.The arbitrator issued an award directing that Officer Kline "be considered to be suspended without pay or benefits from January 7, 2019[,] until the earlier of January 1, 2020[,] or the date the Township decides to hire another full-time officer, in which case it must first offer the position to Officer Kline, barring...