Page 1

INSIDE THIS ISSUE Egg Harbor Township Police Use Highly Visibility Enforcement to Curb Crime PCPA 100th Annual Education and Training Conference Re-Cap FEATURE ARTICLE by CODY SYSTEMS



Thomas King


President Chief of Police • State College Borough

John Mackey

William Kelly 1st Vice President Chief of Police • Abington Township

Robert Jolley

Members: Thomas King • William Kelly Keith Keiper • Mark Hall Thomas DiMaria • Michael Klein William Richendrfer • Tom Gross Richard Hammon • Dave Mettin

2nd Vice President Chief of Police • Dallas Township


Mark Hall

T. Robert Amann

3rd Vice President Chief of Police • Clarion Borough


David Spotts 4th Vice President Chief of Police • Mechanicsburg Borough

John Mackey Chairman Chief of Police • Bethel Park Borough

William Richendrfer Secretary Chief of Police • South Centre Township

Michael Klein Treasurer Chief of Police • Harrison Township


William Kelly • James Balavage William Daly • Joseph Elias Michael Flanagan • Ashley Heiberger Robert Jolley • Thomas Kokoski David Laux • Dennis Logan Dennis McDonough • Catherine McNeilly David Mettin • Leonard Mickavicz William Olszewski • James Santucci Carl Scalzo • John Snyder Kevin Stoehr • George Swartz Earl Swavely, Jr. • Robert Wilson Raymond Zydonik

LEGISLATIVE Chair: Jason Umberger


Chief of Police • Pennridge Regional

Mark Hall • James Adams Darryl Albright • Scott Bohn Robert Cifrulak • Diane Conrad Randolph Cox • Richard Danko Michael Donohue • Eric Gill Erik Grunzig • Bryan Kelly Daniel Kortan, Jr. • Joseph Lawrence Patrick O’Rourke • Dean Osborne Lawrence Palmer • David Souchick Leo Sokoloski • David Spotts Robert Then • Mike Vogel

Thomas Gross – 2014


Chief of Police • York Area Regional


BOARD MEMBERS Richard Hammon – 2014 Superintendent of Police • Silver Spring Township

Mike Flanagan – 2014 Chief of Police • Laflin Borough

David Mettin – 2014

Michael Flanagan – 2014 Chief of Police • Laflin Borough

Mark Pugliese


Chief of Police • Upper Allen Township

Keith Keiper • Mark Bentzel Douglas Burkholder • Todd Caltagarone Harry Clay, Jr. • Joseph Daly Samuel Gallen • William Grover Harold Lane • Curt Martinez John Petrick • Leo Rudzki Guy Salerno • Michael Scott Matthew Sentner • John Slauch Timothy Trently • Paul Yost

Kenneth Truver – 2015


Chief of Police • Castle Shannon Borough


William Grover – 2015 Chief of Police • Etna Borough

Scott Bohn – 2015 Chief of Police • West Chester Borough

James Adams – 2015

Larry Palmer – 2016 Chief of Police • Palmer Township

Joseph Daly – 2015 Chief of Police • Springfield Township

Amy Rosenberry

J. William Schmitt

Members: Richard Hammon • Donald Hunter, Sr. Joseph Ferrelli • Keith Guthrie Stephen Ott • Wendell Rich William Eckert • William Howatt William Weaver

Executive Director

PCPA STAFF Amy Rosenberry, Executive Director • Tom Armstrong, Member Services • Ashley Crist, Executive Assistant • Chris Braun, Grant Projects • Jerry Miller, Offender Identification Technology • Joseph Blackburn, Accreditation Coordinator • Andrea Sullivan, Accreditation Assistant • Cheryl Campbell, Financial Administration • Bill Gibson, Physical Fitness •


BULLETIN USPS 425940 • ISSN 0031-4404

FALL 2013 - VOL. 115; ISSUE 3





Egg Harbor Township Police Use Highly Visibility Enforcement to Curb Crime

8 15

In Memoriam | Richard A. Baer


PCPA 100th Annual Education and Training Conference Re-Cap Increasing Compliance and Reducing Risk: Innovating Law Enforcement Accreditation

ARTICLES FEATURE ARTICLE by CODY SYSTEMS Executive Q & A: Chief Frank Wiliamson of Lower Allen Township Police Department

25 26 28 30

Blair Agency Warns of New Drug PCPA Commemorative Badge

Technology Update

Pennsylvania Chiefs of Police Association BULLETIN (ISSN 0031-4404) is published quarterly (March, June, September and December) by the Pennsylvania Chiefs of Police Association. Subscription to PCPA BULLETIN is included in PCPA annual dues. Periodicals Postage paid at Harrisburg, PA. POSTMASTER: Send address changes to PA Chiefs of Police Association BULLETIN, 3905 North Front Street, Harrisburg, PA 17110-1536.




Tech Mandates


IFC Executive Board & Committees 4 President’s Message 5 Executive Director’s Message 6 Upcoming Training/Events 7 Memberships 10 The Chiefs Legal Update 20 Legislative Report

The content of the PCPA BULLETIN is to be a practical reference featuring PCPA information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, PCPA upcoming events and legal issues. PCPA Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. PCPA Articles or ideas for content should be submitted to PCPA Headquarters c/o Amy Rosenberry, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to


DEAR PCPA MEMBERS, It is been almost three months since we celebrated our 100th Education and Training Conference in Camp Hill. I hope all who were able to attend had an enjoyable time at the conference and that all of our members had a wonderful summer. Our 100th conference was quite successful in so many ways with the myriad of vendors, outstanding training sessions, two important business sessions, and multiple networking opportunities. I would be remiss if I did not give a “shout out” to the staff for the fabulous job they did preparing for the entire conference and emphasizing our theme “Through the Decades.” They spent countless hours locating 100 years of PCPA history from the archives (i.e.; basement and garage) in the form of photographs, by-laws, meeting minutes, and more. Kelley and I and my entire family were in awe and humbled at the effort put into preparing for Tuesday night’s President’s reception. It was awesome! As we move into the Fall and build off of our rich history and past accomplishments, the Association will be addressing many important law enforcement matters. We will continue to emphasize both our statewide accreditation program and our PA Virtual Training Network (PAVTN). We currently have 93 accredited agencies in the Commonwealth as well as approximately 250 other agencies in the process of pursuing accreditation. Additionally, we have over 10,000 PA police officers who are enrolled in the Associations PAVTN. Those are incredible enrollment numbers in less than two years of the PAVTN’s existence. Pennsylvania Chiefs of Police Association Committees are essential in furthering 4 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013

the goals of our Association. This year two new ad hoc committees have been established. I am very grateful for the many volunteers who offered to serve on these and the other standing committees. There is an incredible array of knowledge, experience, and professionalism serving on the PCPA committees. I am excited to see what all will be accomplished over the next year through the committees, including the Police Executive Certification Program and the New Chief Orientation Program ad hoc committees. Almost two years ago, the Executive Board conducted a strategic planning summit to set new goals and direction for our Association for 2012 through 2016. Though some progress has been made on that plan, there is more to accomplish. For example, in the near future the Executive Board must deliberate the pros and cons of converting the Association from a 501c6 to a 501c3 corporation. As we travel through our 100th year of existence this year, we celebrate the outstanding accomplishments of the great leaders and staff of the past and recognize the bar is set high. With the extraordinary abilities and dedication of our PCPA members and Executive Board we are well prepared to build on the past successes. I encourage everyone to get involved with our Association and look forward to working with all of you this year. Sincerely,

Tom King President, PCPA


DEAR MEMBERS, We hope that you all enjoyed the summer months and are geared up and ready to join us for a success filled year of progress, innovation and maybe even a little reminiscing to remember how far we have come! Our 100th Annual Conference was a huge success – filled with memories and fond recollections of enjoyable and productive gatherings of the past. The Association now enters the journey to the 100th anniversary of its formation and continued celebration is sure to come. First and foremost, we now have almost 11,000 officers enrolled in the PAVTN finishing their mandatory In-Service at no cost to their departments. This great innovation has been wildly successful and has also boosted the Association’s membership by getting PCPA’s name front and center for law enforcement training needs. As we continue adding new courses to the Virtual Training Network, in addition to all four MPOETC courses again for 2014, we urge you to continue enrolling your officers. With its ease of use and costcutting technology, you have nothing to lose and much to gain! A few years ago PCPA was at crossroads exploring the big question of whether we were still needed - what do we do for our members - why do we exist? After conducting several surveys of the membership, we’ve taken your ideas and needs to heart and have revamped many of our existing programs as well as made plans to add several new ones. This is evident with the addition of several new committees such as a

New Chiefs Orientation Committee and Executive Certification Program Committee. What better way to provide our new and potential members with the networking and guidance they need from their peers? We are also enjoying a rejuvenation of both our mission and our membership. The PAVTN, PA Law Enforcement Accreditation, our Testing and Consulting programs, PCPA website Members Only section, and much more are all excellent examples of the answers to your questions. PCPA’s growth depends on the participation of the membership and in turn provides opportunities for the well-rounded exchange of information, expertise and experiences. We always welcome your input and assistance in letting Board and Staff know the issues and situations affecting them and what would be most valuable to each and every member of this Association. We continue to seek answers and provide resources to support you in the valuable work that you do. PCPA is an excellent vehicle for providing connections among committed and experienced members of the Pennsylvania law enforcement community. Warmest regards to each and every one of you, All my best,

Amy K. Rosenberry Executive Director





GG HARBOR TOWNSHIP - Patrolman Robert Moran turned on his overhead lights on his patrol car at about 3:25 p.m. Wednesday. A dark blue Honda Civic pulled onto the shoulder of Old Egg Harbor Road. One of its brake lights was out. Moran eventually cited the driver for failing to maintain his lamps, a $44 ticket. The car and its three passengers sat still on the hot August day while township police checked the driver’s identification, the car’s license plates and Moran filled out the paperwork. Several dozen cars drove by slowly during those 15 minutes, and nearly every driver and passenger inside craned his or her neck to see what was happening. That was precisely the point. Egg Harbor Township recently started targeting an eastern section of the township for heightened scrutiny with the help of the Data-Driven Approach to Crime and Traffic Safety model. The goal, explained police Chief Michael J. Morris, is that high-visibility stops like this will lead to both less crime and safer driving. The philosophy is the basic approach behind DDACTS. The model uses selected crime and traffic crash data to help decide when and where officers are most needed. The idea, according to the National Highway Traffic Safety Administration, is that crime often involves motor vehicles. Highly visible traffic enforcement serves as a deterrent to crime, while it encourages motorists to drive safer.

Egg Harbor Township initially used this approach in late 2011, about 10 months after Morris was named chief. Morris said there had been a number of burglaries in the township’s more rural southern third. Robbers would kick in a door and make off with the valuables. Through these complaints and reports, police could broadly narrow down when and where these were happening. Police deployed en masse, swarming the area, making arrests and issuing traffic citations. No one was arrested for the burglaries, but Morris said it was significant that the wave of burglaries stopped. Were the robbers scared off by the heavy police presence? Perhaps. Added Morris, “We may have made an arrest of someone in the crew and didn’t know it.” Since then the township has reviewed its data and changed its targets. The main focus most days is a broad and busy triangle in the eastern corner of the township, generally running from Tilton Road to Fire Road, along Fire Road to the Black Horse Pike, and from there to Uibel Avenue. State traffic records show as many as 29,000 vehicles pass through these and nearby roads.




The policing focus can shift, Morris said, depending on the season and the data. The department has focused on the area immediately around the airport traffic circle, and during the holiday season beefs up patrols near the Shore Mall and English Creek Shopping district.





MEMBERSHIPS ACTIVE MEMBERS Lieutenant Daniel Friel Warrington Township Special Agent In Charge Essam Rabadi Bureau of Alcohol, Tobacco and Firearms Captain Gregory Seamon Moon Township Chief of Police Mark London Franklin City

DISCOUNT FOR NEW MEMBERS Know a neighboring Chief who could benefit from membership to PCPA? Right now, we’re waiving the $50 application fee AND carrying new applicants’ dues over to 2014. Pass along the application located in the back of this magazine and give a fellow Chief the vast network he/she needs to succeed on the job!


One hope is that the heightened focus can reduce traffic accidents. Egg Harbor Township averages about 2,000 crashes a year, Morris said, and about 350 people are injured. So far the approach seems to be working. Despite having fewer officers than years past, department statistics show that township crashes in the targeted area fell 37 percent between 2011 and 2012, the first full year of using DDACTS. Injuries from crashes were reduced about 24 percent. While reports of simple assault remained essentially unchanged, theft fell 14 percent and fraud fell 30 percent. The three are the township’s most common categories of serious crime. Egg Harbor Township is also one of several municipalities, including Vineland; Toms River, Ocean County; and Mt. Laurel, Burlington County; to win DDACTS grants from the state Office of Highway Safety. Egg Harbor Township used its $15,000 grant to hire a crime data analyst. That person, Danielle Stanford, is a recent Temple University criminal justice graduate. She started this month after interning with Philadelphia police, learning and helping the department track gun crime. The goal, Morris said, is that Stanford can help the township read the data and react even quicker to emerging threats. “We can have an impact,” Morris said. “That’s probably the reason most of us got involved in police work.”

Contact Derek Harper: 609-272-7046 Follow Derek Harper on Twitter @dnharper Egg Harbor Township police use highly visible enforcement to curb crime ... http://www. The Press of Atlantic City Media Group PO Box 3100 1000 West Washington Ave. Pleasantville, NJ 08232-3100 1-877-773-7724 609-272-7000 (DDACTS) Implementation Workshop is made available by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings and conclusions expressed during the workshop are those of the presenter(s) and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for workshop content or use thereof. If trade or manufacturers’ names or products are mentioned, it is because they are considered essential to the object of the workshop delivery and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers.

LOOKING FOR A WAY TO MARKET YOUR LAW ENFORCEMENT’S COMMITMENT TO SAFER DRIVING? The National Highway Traffic Safety Administration provides links to reports, campaign calendars and FREE marketing materials for you to download and use in your publications and on the web. Visit for free materials like the ad above and get your message across in a professional manner without the cost of a design team.


In Memoriam


— Reprinted from the Fall 1984 Bulletin Magazine —

Richard R. Baer organized the Pine Township Police Department about twenty-five years ago, which was eventually combined into the first recognized police department jointure in our state in 1969. Prior to being a police officer, Chief Baer served in Air Force Intelligence in the Pacific Theatre. Rich graduated from North Caroline High School and attended Slippery Rock State University. He was a 1963 graduate of the Pennsylvania Police Academy at Hershey. In 1969 he graduated from the FBI National Academy at Quantico. Continuous course work was pursued by the Chief throughout the years amounting to over thirty related subjects. By means of a carefully developed selective process, the members of the police department had proven to be a professional, cohesive group of officers working together as a team to serve the communities of Pine Township, Marshall Township and Bradford Woods Borough. The department over the years had benefited greatly by means of approximately a quarter of a million dollars in state and federal grants for crime prevention, highway safety and juvenile programs. Highlights of the Chief ’s career included serving as president of the Western Pennsylvania Chiefs, Allegheny County Chiefs, North Hills Police Association, Western Chapter FBI National Academy Associates and as president of the FBI National Academy Associates state chapter. He was instrumental in developing the Allegheny County Police Training Academy at North Park and also a county-wide communication network. Two hobbies Rich had actively pursued over the years were hunting and boxing. He was a licensed boxing referee. Rich is survived by his wife June, their five children and grandchildren. 8 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013


Logging in will allow you to gain access to members-only pages and information as well as the full membership directory. Here you can make changes to your contact information and department information. Increasingly, the PA Chiefs of Police Association uses electronic methods, such as a bi-weekly eNewsletter, to keep our membership up-to-date and informed. Please make sure your email address is current and correct so that you don’t miss out on pertinent information between magazines. Your accurate information will allow us to better serve you! Thank you!



THE CHIEF’S LEGAL UPDATE Provided by Chris Boyle, Esq. and reprinted with permission from Marshall, Dennehey, Warner, Coleman & Goggin

while at the Jenkintown Road residence and that both Simons and decedent also drank beer while there. ... FOOTNOTES 1

[T]he consequences of imposing a duty upon officers would be quite burdensome; should [the officer] know how to distinguish between people in the fleeing vehicle to whom he owed a duty and those to whom he did not? Such a requirement would be unworkable in the field of law enforcement. An officer could not make a distinction during the chase whether the occupants are willingly in ... SELLERS V ABINGTON TOWNSHIP, 2013 PA. COMMW. LEXIS 180 (JUNE 5, 2013)

Celeste Sellers and Richard K. Sellers, individually and as administrators of the estate of Joshua David Sellers, decedent (Appellants), appeal from the order of the Court of Common Pleas of Montgomery County, which granted the Motion for Summary Judgment of Abington Township, Officer Edward Howley, and Lieutenant Karl Knott (collectively Appellees) and dismissed Appellants’ action with prejudice. For the reasons that follow, we affirm. The following is a summary of the

evidence of record. On the evening of December 23, 2006, Scott Simons (Simons), Matthew Senger (Senger), and Joshua Sellers (decedent), met at the house of a mutual friend in the area of Jenkintown Road, Abington Township... Simons testified that they were getting together one last time before their friends who lived at the house were evicted as a result of an incident at the residence in November 2006.1 Simons admitted that he had been drinking all day, first at his aunt’s home and then at his father’s apartment, but that he did not drink at the Jenkintown Road residence because they had no beer or alcohol.2 Senger, however, testified that he drank beer


According to Simons, on one evening in or around early November 2006, Abington Police came to the house following up on reports of either the presence of a 16-year-old female drinking alcohol at the house or reports of 15 people fighting out front with weapons. After an unknown police officer attempted to gain access to the residence but was denied, Simons, who was present inside, said an officer called him on his cell phone for permission to enter the residence. Simons refused to grant permission for the police to enter telling them he was only a guest. The police then rammed down the front door, ran in and kicked open all the doors. Simons stated that one individual was restrained by the police and that he heard that another individual, Ed O’Neil, was kicked in the face by one of the officers. Finally, Simons stated that he was told that the next day, someone from the Abington Police Department went to the residence and negotiated an agreement with the individuals who resided there and that they signed a waiver of liability in exchange for the police department’s promise to pay for the cost and repair of any damage to the house. No convictions resulted from this incident. Officer Howley was not present at the Jenkintown residence that night. ..


Simons estimated that he drank roughly six beers and had six shots of either Jack Daniels or Jim Beam whiskey between 12 and 1 p.m., when he arrived at his aunt’s home, and 6 p.m. that night. ... He also admitted having one beer at his dad’s apartment, and that he had taken prescription pain medication while at his aunt’s home. ….

LEGAL UPDATES FOR LAW ENFORCEMENT At some point in the early morning hours of December 24, 2006, both Senger and decedent asked Simons for a ride home. Simons agreed to drive Senger home because Senger lived only a few doors away from his apartment, and it was agreed that decedent would sleep at Simons’ apartment, since decedent lived too far away. ... Simons testified this was not the first time he had gotten behind the wheel of his car and drove drunk with his friends following a night out drinking…. Senger was in the front passenger seat and decedent climbed into the back rear passenger seat. Simons stated that he did not fasten his seatbelt and that neither Senger nor decedent fastened their seatbelts either... FOOTNOTES 3

Simons admitted that, “[h]onestly, I drove drunk a lot more than that night so, you know - - I drove home from bars. I drive home [drunk] from all over the place.” Id.

Simons testified that he was driving west on Jenkintown Road at between 40 and 45 mph in a 30 mph zone when he saw a police car approach going east and pass him. Simons saw the police vehicle’s lights activate and in his rearview mirror he saw the vehicle make a U-turn in a parking lot and proceed to follow him westbound on Jenkintown Avenue... Simons admitted that at that point, instead of pulling over, he floored it, because he was “[s]cared of getting a DUI.” .. Senger testified that when Simons floored it, he was shoved back into his seat, and at the time, he did not know why Simons floored it, because he (Senger) did not see any police vehicle. Senger estimated Simons’ speed at “[w] ell over a hundred” as they “flew down Jenkintown Road” before turning right onto Garfield and up to his house. ... Senger explained that as he was saying good bye and trying to get out, Simons

said something that made him look behind him, where he saw the reflection of police lights on the houses. Senger stated that Simons “floored it again” and he remembered “flying down the street, and . . . [Simons] shutting his lights off . . . .” ... Senger testified he asked Simons to slow down and that he smacked or backhanded Simons to get his attention, and that decedent asked Simons to pull over, but Simons did not respond to either of them. ... FOOTNOTES 4

The car Simons was driving was a red 1990 Mustang GT previously owned by Ed O’Neil. Simons had put a lot of work into the car, including modifications that allowed the car to reach a high rate of speed very quickly. Simons’ friend and brother of Ed O’Neil, Dan O’Neil Jr., owned a similar car, a red 1985 Mustang GT. O’Neil Jr. was known for his speeding and reckless driving by his neighbors and some members of the Abington Police Department, according to Officer Howley, who himself once pulled over O’Neil Jr. for speeding and careless driving. Simons’ red Mustang was parked outside of the Jenkintown residence the night the police responded to the disturbance calls, but Officer Howley was not one of the responding officers. ... In addition, Simons testified that he had no prior encounters with Officer Howley, which Officer Howley confirmed. ... As Simons continued fleeing on Garfield Avenue, he approached the T-intersection of Garfield and Meyer Avenue, where the road dips slightly. Simons testified that as he accelerated the mustang, he hit the “big dip [in the road] and the car, she got airborne, and I remember the car coming down and hitting . . . .” … The vehicle ultimately crashed into trees and a parked pickup truck on the property located at 2943 Meyer Avenue. Simons and Senger

were injured in the crash, while decedent was ejected from the car upon impact and thrown twenty feet. All three men were transported to Abington Hospital, where decedent subsequently died from his injuries. ... Officer Howley testified by deposition6 that on the night in question, he was on routine patrol in his police vehicle traveling westbound on Jenkintown Avenue, when he heard the exhaust mode “wide open and loud,” and saw the taillights of a vehicle far in the distance proceeding in the same westbound direction. ... Officer Howley “attempt[ed] to gain ground safely on that vehicle to initiate a traffic stop” and that when he himself accelerated beyond the posted speed limit of thirty-five mph, he activated the lights and sirens on his police vehicle. ... As soon as he activated his light-bar, the in-car camera system automatically began to record… As Officer Howley proceeded to follow the vehicle, he reported on his radio that the vehicle had turned north on Penn Avenue, then later corrected that transmission to north on Garfield Avenue. Officer Howley testified that he was unable to identify the color or make of the vehicle until it turned right off of Jenkintown Road, and at that point, he was “relatively certain that it was a red Mustang.” ... Officer Howley then transmitted the information that the vehicle was traveling at a high rate of speed and he believed the driver was driving under the influence. … Officer Howley, who was then traveling north on Garfield, reported that he believed the speeding vehicle had “blacked out,” or turned off his lights and he had lost the vehicle... Officer Howley testified that after the vehicle eluded him at Jenkintown and Garfield, he continued to proceed in the same direction and because he knew from patrolling the area that a red Mustang was frequently at a CONTINUED ON PAGE 12X


LEGAL UPDATES FOR LAW ENFORCEMENT house on Jefferson Avenue, he headed to that location….. When Officer Howley arrived on Jefferson Avenue, he testified he did not see the vehicle he had been pursuing and that at that point, he turned his sirens off... Officer Howley then reported that he was going to go back towards Meyer Avenue and proceeded to turn around. Officer Howley testified that at this point, he heard a report from police dispatch that a car had hit a house on Meyer Avenue and that he immediately went to the scene. ... Officer Howley then pointed his vehicle’s spotlight onto the crashed vehicle and requested expedited EMS to the scene… Appellants filed a wrongful death and survival action against Appellees, asserting claims for negligence as well as punitive damages against Abington Township, Officer Howley, and Lieutenant Knott. Appellants alleged that Appellees negligently, recklessly, and willfully initiated and failed to terminate a high speed pursuit of the vehicle being operated by Simons, causing the death of decedent Sellers who was an innocent bystander. After discovery was completed, Appellees filed a motion for summary judgment which was granted by the trial court following oral argument. This appeal followed…. First, Appellants argue that like the plaintiffs in Jones v. Chieffo, 549 Pa. 46, 700 A.2d 417 (1997), and Aiken v. Borough of Blawnox, 747 A.2d 1282 (Pa. Cmwlth. 2000), decedent Sellers was an innocent bystander to whom Officer Howley and Lieutenant Knott owed a duty of care. Appellants insist that there was no evidence that decedent was fleeing apprehension or attempting to aid the fleeing driver (Simons), and therefore the trial court erred in relying on Lindstrom v. City of Corry, 563 Pa. 579, 763 A.2d 394 (2000) and Ferguson v. Commonwealth, 2009 WL 723426 (W.D. Pa. No. Civil Action 05-280E,

filed March 13, 2009), in which it was determined that neither the fleeing driver (Lindstrom) nor a passenger in the fleeing vehicle (Ferguson) was owed a duty of care by law enforcement officers who pursued them. Appellants strenuously assert that unlike in those cases, there was evidence that decedent urged Simons to pull over prior to the fatal crash and that, therefore, the trial court erred in determining that decedent was akin to the fleeing suspect to whom no duty was owed. Appellants further assert that Officer Howley negligently initiated his pursuit of Simons’ vehicle for the purpose of harassing a driver whom he believed to be Dan O’Neil Jr., under the pretext that he had committed a relatively minor traffic offense — speeding, and that Lieutenant Knott negligently failed to terminate the pursuit once it became obvious that it was “fruitless” and that “Howley would not be capable of catching the vehicle.” …. Appellants argue that it was the actions of Officer Howley in initiating the pursuit and continuing it, without evidence that Simons was driving while intoxicated or doing anything other than speeding, which caused Simons to flee and crash. Appellees counter that Officer Howley owed no duty of care to decedent Sellers, “a willing but unknown occupant of a speeding and fleeing motor vehicle,” and that both Officer Howley’s and Lieutenant Knott’s actions were reasonable under the circumstances. ... Appellees also argue that the emergency vehicle doctrine in Section 3105 of the Vehicle Code, as amended, 75 Pa. C.S. § 3105, does not create a statutory duty of care on the part of the pursuing police toward those who flee apprehension, citing Frazier v. Pennsylvania State Police, 845 A.2d 253 (Pa. Cmwlth. 2004). Appellees argue that it is the clear intent of the legislature to insulate the police from liability where a person is injured while “in flight or fleeing apprehension


or resisting arrest by a police officer or knowingly aided a group, one or more of whose members were in flight of fleeing apprehension or resisting arrest by a police officer.” Section 8542(b) (1) of the Judicial Code, 42 Pa. C.S. § 8542(b)(1). Finally, Appellees contend that many of the facts which Appellants insist are genuine issues of material fact, such as their theory that Officer Howley and Lieutenant Knott pursued Simons under the guise of a vendetta against the O’Neil family, are purely speculative and conjecture only. Because Appellants were unable to establish, as a threshold matter, that Officer Howley owed a duty of care to decedent Sellers, Appellees cannot be held liable for the accident caused by the intoxicated Simons’ high speed driving. …We must initially determine whether Appellants have met the threshold requirement of establishing that Officer Howley and Lieutenant Knott owed a duty of care to Appellants’ decedent, Sellers. …Thus, there is no question that officers in this situation owe no duty of care to the wrongdoers they pursue, Lindstrom…, but owe a duty of care only to innocent third parties, Jones v. Chieffo, … To date, however, the innocent third parties to whom a duty of care is owed were found to have been bystanders unconnected with the wrongdoer or the vehicle being pursued. Jones; Aiken. We believe that to extend this duty to unknown passengers (such as decedent) in the fleeing vehicle would be contrary to the analysis of factors set out by our Supreme Court in Lindstrom. While we have not addressed this issue directly, other recent cases, as well as the analysis in Lindstrom, support this conclusion…. [T]he consequences of imposing a duty upon officers would be quite burdensome; should [the officer] know how to distinguish between people in the fleeing vehicle to whom he owed a duty and those to whom he did not? Such a

LEGAL UPDATES FOR LAW ENFORCEMENT requirement would be unworkable in the field of law enforcement. An officer could not make a distinction during the chase whether the occupants are willingly in the fleeing vehicle or whether they knew about whatever evidence of criminality is in the vehicle. …The court concluded that the trooper owed no duty of care either to the fleeing driver or the passenger. We find this analysis persuasive. As in Lindstrom, the public’s “interest in ensuring that roadways remain safe from dangerous drivers and criminals and that police officers are empowered to enforce the law,” is preeminent, and that interest is equally chilled by imposing a duty to passengers as to drivers. Accordingly, we hold that there is no duty of care to passengers whose existence, or whose connection to the driver and the conduct for which he is being pursued, is unknown to the officer. Because there was no duty of care, summary judgment was appropriate as a matter of law…. We therefore affirm. Comment: Just one case today, but it’s a doozy. In the interest of full disclosure, I had the honor of representing Ed Howley, Karl Knott and Abington Township in the Court of Common Pleas in this matter. Even if I hadn’t, this one still was going to be in Legal Updates, for the sheer magnitude of the Commonwealth Court’s decision, the biggest regarding pursuits, since Jones v Chieffo. For the first time, the Court has ruled that there is no legal duty to passengers in a fleeing vehicle, if the officer has no knowledge of their relationship to the driver. This is Ginormous, Hugetastic and Wonderfulific. Prior to Sellers, passengers could bring suit against officers, and it would be up to the police defendants to prove they were all in the attempted escape, together. This changes everything. Officers still have a duty to innocent third parties in other cars and walking along the highway, as well as to, let’s say, kidnap

victims in the fleeing car (when they know it’s a kidnap victim in the fleeing car), but properly removes the burden from police officers to determine who is who in a fleeing car during a pursuit. It was the right thing for the court to do, and a big win for law enforcement in Pennsylvania. Special ‘shout out’ to Chuck Craven from our appellate department (this was his last case before retirement) and to Officer Howley and Lt Knott for keeping the faith through some very long and contentious litigation. STUMP THE CHUMP

Chump: I have questions regarding body worn cameras. I have received conflicting information regarding their use in PA. I have looked at purchasing body worn cameras. Body cams are self-contained units with everything worn on the officer’s body. Two police departments in PA are supposedly currently using the body cams but I have been informed by

Vick: You did your research son! Good stuff. Technology is grand, to be sure, but it does sometimes run afoul of the law. Alas, I fear, that may be the case at hand. I will start out by saying the following: a department which wishes to purchase the body cams to record only video, would stand on firm legal ground. The Pennsylvania State Police are responsible for providing standards for electronic, mechanical and other mobile video recording systems. The particulars of those requirements, and a list of approved products can be found at 34 Pa Bulletin 1304. State Police provisions allow for video recording systems other than those it has specifically approved, so long as they meet equipment standards found in that particular notice. Further, the bulletin provides “…mobile video recording systems that are not activated to record oral communications or do not

§ 5706 provides that the Pennsylvania State Police shall annually publish equipment standards for any electronic, mechanical or other device which is to be used by law enforcement officers for purposes of interception as authorized under § 5704 (16). Section 5704 (16) provides that a law enforcement officer may intercept and record oral communications so long as the communication does not occur inside the residence of any individual, or the officer is utilizing an incar camera recording system and notifies the individual that he has intercepted and recorded oral communications as soon as practical.

my County District Attorney that he does not believe they are legal in Pa because in Title 18 section 5704 (16, ii) it allows video and audio if: A-there is visual and audible warning/ or clearly ID’d police B-close proximity to the subject C-approved device which is “mounted in the … officer’s vehicle” D- you inform the subject The body cam and a policy on its use gives you three of the four. But since it is not mounted in the vehicle it is not legal. Do you know of anything or any case law that may allow the use of body cams? – Video Vick

have an oral recording capability need not meet the equipment standards in this notice.” In other words, if you purchased the body cams, and kept the audio recording portion off, unless you meet one of the exceptions to the Wiretap Act, the department would be okay. The main concern I have with the body cams, specifically the audio recording portion, are the provisions of Pennsylvania’s Wiretap Act, 18 Pa. C.S. §§ 5704 and 5706. As I mentioned, § 5706 provides that the Pennsylvania State Police shall annually publish equipment CONTINUED ON PAGE 14X


LEGAL UPDATES FOR LAW ENFORCEMENT standards for any electronic, mechanical or other device which is to be used by law enforcement officers for purposes of interception as authorized under § 5704 (16). Section 5704 (16) provides that a law enforcement officer may intercept and record oral communications so long as the communication does not occur inside the residence of any individual, or the officer is utilizing an in-car camera recording system and notifies the individual that he has intercepted and recorded oral communications as soon as practical. The product you refer to is not a vehicle mounted device, and therefore would not fit the definition of § 16, a position that the company has tacitly agreed with, by recommending that departments merely “turn off the audio recording option”. While § 5704 does allow an officer to

out an agreement with the Company whereby the audio recording portion was disabled, until such time as it was legally permissible under the Wiretap Act. Were I negotiating such a contract on behalf of a department, of course, I would insist that the Company agreed to reactivate the audio portion when the law changes, at no additional cost to the purchasing department. One Chump’s Humble Opinion. – The Chump

Chump: I have a question for you in regards to 5104.1, Disarming a Police Officer. I know this is not a new question and from what I could research, there isn’t too much case law out there with the statute being relatively new. My question

when interpreting a statute, you must always give meaning to every word, and assume that the legislature did not intend a redundancy. In other words, if they wanted “weapon” to refer to only your firearm, they would not have also included the word “firearm” in the statute, so it is safe to say they intended “weapon” to cover your taser ( and baton and OC, by extension.)

Further, given the potential for abuse, or accidental recording, which could well subject a department to exposure, if a department seriously considered purchasing the product at this time, it would be recommended working

(1) without lawful authorization, removes or attempts to remove a firearm, rifle, shotgun or weapon from the person of a law enforcement officer or corrections officer, or deprives a law enforcement officer or corrections officer of the use of a firearm, rifle, shotgun or weapon, when the officer is acting within the scope of the officer’s duties; and


I would definitely say that taser is a “weapon”, and here’s why-

record communications where there is mutual consent, those circumstances would be necessarily limited. In short, if the department is looking for a video recording system that is “officer mounted”, and does not find the cost prohibitive, the body cam you are considering may be for them. Until such time as the legislature passes a provision that would allow for a product such as this one, it does not currently appear to pass legal muster with the audio activated, and the department purchasing it would only be capable of using half of its capabilities.

(a) Offense defined. --A person commits the offense of disarming a law enforcement officer if he:

is, does a Taser count as a “weapon” in the interpretation of that statute? It lists firearms specifically but with the catch all “other weapons”. I am inclined to say no, since they are not capable of lethal force. Just wondering. I hope you had a great Fourth of July buddy. – Dangerous Dan the Man Dan: Yes sir, a very nice 4th : a house full of friends, beer (gone are the days of cans of whatever’s cheapest. Now, it’s “Summer Shandy” and Sam Adams. Getting old ain’t all bad) burgers and dogs, iPods and high explosives. Just like the Founding Fathers.

(2) has reasonable cause to know or knows that the individual is a law enforcement officer or corrections officer. (b) Grading. --A violation of this section constitutes a felony of the third degree. Based on my read, I would definitely say that taser is a “weapon”, and here’s why- when interpreting a statute, you must always give meaning to every word, and assume that the legislature did not intend a redundancy. In other words, if they wanted “weapon” to refer to only your firearm, they would not have also included the word “firearm” in the statute, so it is safe to say they intended “weapon” to cover your taser ( and baton and OC, by extension.) And you are right, there isn’t a whole lot of case law (only one reported case thus far, and the Disarming charge was nolle prossed). Normally, I would next look to the Legislative History, but I am afraid there is none at the present. That said, if I was a betting man, I would put my money on the Chump’s analysis immediately above. – The Chump

Here’s the statute: § 5104.1. Disarming law enforcement officer.



Radisson Hotel Harrisburg Camp Hill, PA June 23-27, 2013

A Time for Reflection


THIS PAST CONFERENCE MARKED THE 100TH ANNUAL GATHERING OF THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION. ALTHOUGH THEY DID NOT ESTABLISH A FORMAL ASSOCIATION UNTIL AFTER THE FIRST MEETING IN SEPTEMBER 1913, THEIR ANNUAL CONVENTION WOULD BEGIN A LONG STANDING TRADITION FOR THE ORGANIZATION TO FOLLOW UP ON ASSOCIATION BUSINESS, PROVIDE THE BEST IN TRAINING AND EVENTS FOR ITS MEMBERS AND NETWORK WITH COLLEAGUES THROUGHOUT THE COMMONWEALTH. Keeping with tradition, the 100th Annual Education & Training Conference began early on a Sunday morning with registration bustling already at 11 AM. In honor of the big event, PCPA added a new feature to our Networking Room, the PCPA Conference Museum. The Museum, made up of photo displays from the past 50 or so conferences as well as ribbons, conference books and brochures from the very first conference to now, was open each day for attendees to revisit as often as they like throughout the week. The room was also stocked with refreshments each day and open as a networking room for attendees between classes.

continued fostering relationships with throughout our long history of conferences. Incoming President, Chief Thomas King, made opening remarks and laid the foundation for the week’s events and giveaways that would take place throughout the afternoon and following day, thanks to our vendors. Attendees made their way through the aisles, chatting with regulars like CODY, Dayfleet, Dataworks and Purdue Pharma, collecting raffle tickets as they went. Once the commotion slowed down in the hall, attendees and exhibitors alike were invited to the Sunday Centennial

equipment. And of course, no PCPA event would be complete without a taste of Pennsylvania! Food stations featured foods from every region paying homage to our members travelling in from out of town and included cheesesteaks, pierogies, kielbasa, and pulled pork sliders, among many other treats. Regardless of the amazing times had by the pool all night, attendees were up bright and early as registration and the PCPA Conference Museum opened at 8 AM Monday morning. We started the day with an NPLEx seminar which described new methods of monitoring meth precursors as well as a seminar on “Facilitating Police Facilities” by the architectural firm, Kimmel Bogrette. Spouses headed into the Governor’s Ballroom for a morning Zumba class to get the week started right and those that chose not to attend could hop the shuttle ride out to the Hershey Outlets and Amusement Park with families. Chiefs headed to trainings and the 2nd day of exhibit hall activities where they rushed to get their last minute raffle tickets in so the lucky winners could claim their prizes:

In effort to squeeze as much pertinent training into the busy week as possible, sessions started early this year with a “Mass Murder, Active Shooter and School Shootings” seminar at noon on Sunday, ending just before the open of the exhibit hall. The highly attended session cleared at 2 PM and attendees headed straight to the Convention Center Ballroom for a 65-booth exhibit hall complete with an antique police cruiser in the center to help commemorate our 100th event and the history that carried us to this momentous occasion. The exhibit hall also featured a large networking area, refreshments, a huge PCPA products display, and all of our returning vendors we’ve

Conference Celebration. PCPA took over the hotel’s entire backyard patio, pool and courtyards for a carnival-like event that would be our biggest opening night festivity yet! Attendees and exhibitors were handed maps leading them through the evening’s events such as Segway obstacles, a jousting competition, massages and tarot card readings. Our own Chief “DJ Flanagan” kept the event upbeat well into the night with a mix of old and new music all of our Chiefs and attendees could enjoy. A prize auction saw Chiefs throughout the event winning everything from gift cards and event tickets to food baskets and police


Brian Brown and Scott Spangler each won $250, while Steven Stinsky won the coveted $500 prize. John Reber walked away with $75 in PCPA products thanks to Stanard & Associates, and Brian Rizzo won an iPod touch. One of our Board Members, Chief

100 TH ANNAUL CONFERENCE – JUNE 23-27, 2013 – CAMP HILL, PA Tom Gross, won the gun raffle sponsored for the third year in a row by Firing Line. Congrats to all of our lucky winners! After a luncheon sponsored by Dataworks, attendees left the exhibit hall and prepared for the full training schedule to begin with a spirited session by Chris Boyle covering “Legal Issues” faced by law enforcement.

The PA Chiefs Technology Workgroup gave a full 2013 update regarding programs they’re working on and Pittsburgh Action Against Rape hosted an “Overview of Sexual Violence for Law Enforcement” during which spouses were also encouraged to attend. For the first time in years, Monday evening was reserved as a “Free Night” for attendees to share with their families, regions and friends. This gave everyone the opportunity to catch up with those they haven’t seen in a while and gave PCPA Staff and Board some extra time to prepare for the following day’s events.

Days,” running concurrently with successful memory expert Paul Mellor’s session to improve recollection during investigations in law enforcement. This popular session was attended by Chiefs and their spouses alike, both of whom learned valuable tips for keeping memory sharp even under the most stressful circumstances.

The spouses then headed to their most popular event each year, the Ladies Luncheon. A new twist gave attending spouses a taste of the season’s newest trends during a fashion show by the stylish clothing line, Cabi. The attending members also helped themselves to a lunch buffet before breaking off into the next session, “Sovereign Citizens and Anti-Government Extremists” by Robert Finch, Detective for the Greensboro (NC) Police Department. The spouses events weren’t done yet as they headed straight to the pool post-luncheon for a wine pairing seminar and tasting

back to their rooms and prep for one of the most fun events of the week, the President’s Reception. This themed dinner would coincide with celebrating our 100th conference event by incorporating 100 years of “Music Through the Decades.” Each region proudly represented their chosen decade by donning their best flapper and gangster attire, poodle skirts and greaser jackets, hippie threads and tie-dye, or glitter and gold covered disco outfits. The event featured music through each of the four decades by friends of the Kings, Larry Moore Productions, and even showcased a photo booth and props that attendees enjoyed for hours on end. Wednesday started with the second and final Business Meeting where Chief John Bennett, candidate for IACP 4th Vice President opened. Governor Tom Corbett then addressed the membership with his goals for law enforcement in Pennsylvania if elected to serve a second term. The Board members had photos taken with the governor before returning for an overview of how the membership has increased in just the past year thanks in part to the success of the PA Virtual Training Network. PCPA has welcomed 78 Active and Affiliate members since July of 2012 bringing our membership to 1263 total. The Committee Chairs also presented changes to the Bylaws as voted by the membership, which includes the addition of the PCPA Foundation. Once all remaining business had been discussed, Bob Amann of

At the Tuesday morning Business Session, President John Mackey greeted the membership and began by introducing the day’s speakers from various partner organizations such as MPOETC, NHTSA and the incoming President of the IACP, Yost Zakhary. After each of the officers gave their respective reports, the meeting was recessed until the following morning and the membership was reminded that the evening’s President Reception was going to be an amazing event that everyone should strive to attend. Thanks in part to a sponsorship by the Coalition Against Bigger Trucks, the training schedule was packed full the rest of the week, beginning Tuesday with a session by Retired Col. Danny McKnight regarding “Successful Leadership on the Tough

event that would prove to make a wine connoisseur out of anyone attending. What a perfect complement to the spouses’ gift this year of a PCPA branded cutting board! As the day’s activities drew to a close, attendees were encouraged to head

the PCPA Nominating Committee presented each region’s nominations for the 20132014 Officers and Board Members. With no nominations from the floor, the meeting was adjourned and everyone was invited to CONTINUED ON PAGE 18X


100 TH ANNAUL CONFERENCE – JUNE 23-27, 2013 – CAMP HILL, PA take advantage of the packed Wednesday training schedule and of course, the evening’s Annual Installation Banquet.

The PCPA Conference Museum and Networking Room opened for its final day and training got underway down the hall with “Building and Marketing the Public Service Brand” by renowned speaker, Lt. Col. James Vance. Running simultaneously was a panel discussion on “Enhancing Law Enforcement’s Ability to Ensure Accurate Identifications and Convictions: Techniques and Scientific Developments.” The panel included representatives from John Jay College of Criminal Justice, the Montgomery County District Attorney, The Chief of Police in Norwood, MA, and Legal Director for The Pennsylvania Innocence Project. Representatives from Penn State University conducted a free self-defense seminar for attending spouses, which would round out the ladies schedule for the week. With 8 spouses events in addition to the normal conference schedule, this would be one of the most complete event schedules the spouses have had in recent years. Much thanks goes out to the Spouses Committee for their hard work in planning all of the week’s events! After the Wednesday lunch buffet, Lt. Col. Vance continued his second half of “Building and Marketing the Public Service Brand” as attendees were also encouraged to attend “The Nuts and Bolts Guide to Police Department Labor and Employment Law,” which covered a series of issues Chiefs face regularly when hiring and scheduling their officers. The Accreditation meeting lasted much of the afternoon, preparing for the evening’s Annual Installation Banquet, a tradition which not only welcomes incoming officers and President, but also recognizes the many departments achieving Accredited and Reaccredited status in Pennsylvania.

CODY Systems, PCPA’s 4-Shield Partner, sponsored a beautiful cocktail reception before the Annual Banquet, featuring a large PCPA branded ice sculpture commemorating 100 years of conference gatherings. As guests took to their seats, Greg Mauroni sang the National Anthem as Chaplain, Skip Hocker began the deceased member service paying homage to those who have lost their lives in the line of duty as well as those PCPA members we lost in the past year. A beautiful rendition of “Amazing Grace,” featuring both a pianist and violinist, brought the service to an end as the Honor Guard processed out of the banquet room. As the official program began, our MC thanked our special guests for attending, including The Honorable Kathleen Kane, Col. Frank Noonan, several representatives throughout the Commonwealth as well as Directors from neighboring organizations such as PCCD, JNET, the Local Technology Workgroup and Governor’s Center for Local Government Services. Accreditation Coordinator, Joe Blackburn, then introduced the 9 agencies receiving Accredited status along with the 26 agencies achieving re-Accredited status.

his year-long presidency with the PA Chiefs, and he handed the microphone back to Magisterial District Judge Tom Jordan to administer the Oath of Office to the incoming officers and President of the Pennsylvania Chiefs of Police Association Executive Board. Upon receiving his presidential gavel, badge and ring, Chief Thomas King of State College Borough was inducted as the 91st President of the Pennsylvania Chiefs of Police Association. After thanking his family, his constituents in State College, and his fellow Board members, he vowed to continue the great programs PA Chiefs has already instituted as well as add many more services and programs to the membership so the PCPA remains a valuable asset to Pennsylvania’s law enforcement supervisors. The banquet concluded with music from our own, Chief Flanagan, and many stayed in the room to say their farewells and prepare to head home after an enjoyable and invaluable week of training, networking and of course, catching up with old friends.

These agencies have worked tirelessly to ensure that their policies live up to the high standards of Pennsylvania’s Accreditation Program and we were glad to recognize so many agencies this year. Following the Accredited agency program, Representative Glen Grell made a special presentation to the outgoing President, John Mackey. Chief Mackey remained at the podium to present the coveted President’s Award to the person who has aided him most throughout his career in law enforcement, his wife, Mariann.

Thank you so much to all who attended this year’s 100th Annual Education & Training Conference. We very much look forward to planning the 101st conference which will be held in the midst of the Association’s 100th Anniversary year. Save the date for July 1317, 2014 at the Radisson Valley Forge Hotel and Conference Center!

President Mackey then graciously thanked the membership, the Executive Board and his department for their support throughout



THANK YOU TO OUR 2013 PARTNERS AND CONFERENCE SPONSORS! Our events and annual conference are successes because of their support to Pennsylvania law enforcement! PCPA 4-SHIELD PARTNER





LEGISLATIVE REPORT Provided by Pennsylvania Chiefs of Police Association Staff

Four law enforcement related Bills were passed by the General Assembly and signed into law by Governor Corbett prior to their summer recess. PCPA will continue to monitor and advocate for legislation which is important to the membership and law enforcement in the Commonwealth. Members are encouraged to regularly check out the “PCPA Bills To Watch” Page on the Association’s website for latest information on proposed and enacted Legislation. ACT 14 Amends the Crime Victims Act further providing for petitions to deny parole upon expiration of minimum sentence to add that the victim shall be permitted to provide testimony before a majority of the body making the parole release decision. The bill also allows for the provision of victim testimony through electronic means, such as video and television. Signed by the Governor June 18, 2013. Effective September 1, 2013. ACT 26 Amends Controlled Substance, Drug, Device and Cosmetic Act to make possessing the esters, salts, optical isomers or salts of optical isomers of red phosphorous, hypophosphoric acid, ammonium sulfate, phosphorous, iodine, hydriodic acid, ephedrine, pseudoephedrine, lithium, sodium, potassium, sassafras oil, safrole oil or

other oil containing safrole or equivalent, whether in powder or liquid form, phenylpropanolamine, phenyl acetone, methylamine, ammonium sulfate, ammonium nitrate or phenyl acetic acid a felony subject to imprisonment of up to seven years and a fine not exceeding $15,000. Signed by the Governor June 24, 2013. Effective in 60 days. ACT 40 Amends the Controlled Substance, Drug, Device and Cosmetic Act to further provide a list of compounds and substitute compounds under the regulation of the Act. Signed by the Governor July 2, 2013. Effective immediately. ACT 53 Amends The Controlled Substance, Drug, Device and Cosmetic Act to reserve certain sections relating to the sale of


ephedrine and pseudoephedrine and to add sections limiting the sale of these substances by amounts to individuals and requiring purchasers to present an enumerated form of identification to the retailer upon purchase. The bill also requires retailer to submit purchaser information to enumerated national databases and further provides for violations. Signed by the Govbernor July 9, 2013, Effective in 270 days. More detailed information, including links to this recently enacted legislation is available via the PCPA Bills To Watch Page of the PCPA website. PCPA Staff will continue monitor and track proposed legislation of interest to the Association. Members are encouraged to contact Headquarters if they have specific questions about legislative issues.




rganizations are increasingly held accountable to the communities where they operate, as well as have federal, state and local regulations that are guiding principles for their operations. The Pennsylvania Chiefs of Police Association (PCPA) through the Pennsylvania Law Enforcement Accreditation Commission (PLEAC) realizes that being in compliance with Pennsylvania law enforcement standards offers a structured framework to help reduce liability and provide a framework for operational excellence. A key to the success with the PCPA program is implementing a successful policy and procedure protocol along with a training program that can assist with achieving the standards. All of this requires an accreditation organization or the agency seeking accreditation to spend time, money and resources to meet them. Agencies are often left to struggle with achievement with limited funds and stretched resource availability. Law enforcement compliance professionals struggle to deliver expected performance;

leaders and administrators don’t have clear or on-demand visibility into compliance operations. As a result, there is a high level of manual effort spent on document management and control, leading to errors, missed information – all opening the door to a high level of risk and liability. Traditionally, achieving accreditation and conducting a self-assessment is met through POWERDMS™ ENABLES EFFICIENT MANAGEMENT OF CRITICAL COMPLIANCE DOCUMENTS.

• Paperless – eliminate paper, files and reduce footprint • Secure web-based application – available anytime, anywhere, from any device • Automatic upgrades – newest releases available with no downtime • Single sign-on availability – secure access control of multiple organization systems, using a single logon • Lower costs – reduction of paper, shipping, time and resources required.

building a compliance program through paper files and folders for the operational portion of the program. The PCPA has partnered with PowerDMS™ to help solve these issues and streamline the process of compliance and accreditation, by allowing agencies to view and search the PCPA Standards electronically, and for those agencies that choose to, use PowerDMS™ to build their assessment files electronically. “The partnership between the Pennsylvania Chiefs of Police Association and PowerDMS™ will give our accredited and enrolled agencies the option of introducing a state-of-the-art technology application to more efficiently and effectively manage their accreditation process,” stated Joe Blackburn, Pennsylvania Chiefs of Police Association Accreditation and Training Coordinator. As organizations continue to strive to professionalize and encourage a standard of excellence within the law enforcement and CONTINUED ON PAGE 22X




• Increased Compliance • Early Identification of Risk • Increased Productivity • Lower Total Cost of Ownership • Stakeholder Collaboration • Employee Accountability • Proof of Compliance • Consistency of Operations • Audit Instrument public safety industries, the cloud-based PowerDMS™ solution provides a powerful method to seamlessly integrate policy creation, collaboration, approvals, training and testing. “Having PowerDMS™ opens the door for innovating the compliance process and having real impact for those agencies, saving them significant time, money and physical space,” said Josh Brown, founder and CEO of PowerDMS™. “Our most recent release brings an exciting feature–Document Compare. This really amplifies the ease of use and helps users easily identify any changes in the documentation to be able to more quickly respond.”

PowerDMS™ is a cloud-based application – securely available online, anywhere, anytime. It provides document management and control of all assets, including critical content relating to compliance and regulations. Streamlining the compliance process, it reduces time, effort, and operational cost involved in any audit or self-assessment. Using PowerDMS™ is a method for early identification of risk and proving compliance, and a collaboration tool that includes all stakeholders for visibility and approvals. The application is also a system for employee accountability through custom training, testing, and credentialing as another step to assure understanding and compliance. PowerDMS™ is cloud-based as a licensed subscription – no software to install or upgrade and minimal down time. It is all managed by PowerDMS™ instead of using your IT staff ’s valuable time.



ONGOING RISK MANAGEMENT Featuring a credible, affordable and practical law enforcement accreditation program unique to Pennsylvania


(717) 236-1059 Pennsylvania Chiefs of Police Association

Document Lifecycle Management: • Create, draft, publish and archive documents • Employee accountability through electronic signature • Side by side document comparison for easy change identification • Intelligent mapping of PCPA Standards or content to map to all other relevant content in the system • Version control • Microsoft® Office Integration • Document workflows for reviews and approvals Operational Management: • Create custom training courses from existing content • Test employees for understanding of policies • Online assessments • Proof of compliance • Scheduling, Alerts and Reminders • Workflows and Task Management • Reviews and eSignatures Working with over 1,300 organizations in over 13 years of doing business, PowerDMS™ has its beginnings in law enforcement and extensive experience with the ever-changing regulations and compliance landscape. We partner with other premier organizations in addition to PCPA, such as CALEA, FBINAA and IACP. Connecting with our users is an important aspect as we continue to improve and grow the capabilities we bring to market. PowerDMS™ is a cloud-based company that helps organizations reduce risk and liability with a comprehensive compliance management solution. We provide the tools necessary to organize and manage crucial documents and industry standards; train employees with accountability measures–all reducing risk and maintaining compliance for an organization. PowerDMS™ redefines compliance management through collaboration, process and automation. PowerDMS™ is offering PCPA members a free 45-Day trial. Please register at http:// to take advantage of this opportunity to ensure members have the opportunity to experience the power of automation and streamlining the compliance and accreditation process.

A program funded by PCCD



Executive Q&A: Chief Frank Williamson of Lower Allen Township Police Department At CODY Systems, we believe that our system is only as good as the men and women who use it. In this Executive Q&A, we talk to Frank Williamson, Chief of Lower Allen Township Police Department and Chair of the Data-Sharing Working Group for the South Central PA Task Force about the challenges and triumphs of his noteworthy career in law enforcement. CS: Where did you grow up? FW: I was born and raised here in Lower Allen Twp. I graduated from Cedar Cliff High School which is here in the township. I’ve been in the township almost all my life. CS: Did you attend college? FW: Yes, I have an Associate’s Degree in Criminal Justice from Harrisburg Area Community College and a Bachelors Degree from York College of Pennsylvania. In addition to that, I’m also graduate of the Southern Police Institute from the 100th Administrative Officer’s Course which is very similar to the training received at the FBI National Academy and Northwestern School of Police Staff and Command. CS: Did you always want to pursue a career in law enforcement? FW: Actually, when I was a kid, I wanted to be a Forest Ranger! Then, I went through the Explorer Program with a neighboring police department and that was when I knew I wanted to go in this direction. CS: When did you become Chief of Lower Allen Twp? FW: I’ve been with the department since 1981. Over the years, I came up through the ranks and went from Lieutenant to Director of Public Safety in May of 2000 with the Chief of Police and the Chief of our EMS Division reporting to me. As those Chiefs retired, I assumed some of their responsibilities I was officially sworn in as chief in January of 2008. I’ll have been here 32 years in November of this year. CS: What are some of the challenges of being Chief of Police in the town you grew up in? FW: Growing up in the Township was a blessing and a curse. I knew a lot of people since I grew up here. Over the course of a career, you get to know more and more people and business owners, or people that knew my parents. Eventually, when I became Chief, some folks feel

Chief Williamson shares a smile outside the Lower Allen Twp. PD in southeastern PA. they can just call me, instead of calling into County Communications. And, they expect immediate results. And there are always challenges when you come up through the ranks of a department and then you take over! It’s a challenge to make that transition from buddy into boss, but I am so fortunate to have as good a department as I do. I am very proud of the men and women that work here. I think we have one of the best departments in Central PA! There are also the challenges of dividing my time between the Volunteer Fire company, Emergency Management and the EMS division. This has become even more challenging as we have been dealing with a reduction of staff. Since 2010, we are two officers down from our authorized compliment. Fortunately, we haven’t had to lay anybody off since the officers who left either retired or moved on. Problem is, we haven’t been able to replace them. CS: In what ways has technology helped you to meet this challenge of reduced staffing? FW: When you have a 20 man department and lose two officers, we are talking about 10% of your compliment. I knew we needed to get new technology in place to make the compliment more efficient because they’re handling more work. I knew I needed to give them tools to do their job better. Our old records management system was not



being updated and was time consuming. That’s when I turned to CODY. Since we implemented CODY, we have effectively cut our officer’s reporting time by almost two-thirds. We have also found better, more efficient ways to complete and document our job performance through the CALEA accreditation program. The problem is that as the economy goes down, our calls for service go up. There’s no reduction to calls for service!

attacks on 9/11. Its mission is to assume a leadership role in delivering a comprehensive and substantial, regional, all hazards emergency preparedness program that addresses planning, prevention, response and recovery for events in the South Central, PA that exceed local ability. CS: How has the SCTF used technology to achieve its mission?

FW: Since I have been involved, we have implemented a data-sharing system which is making it possible for all the different departments in all the counties in the SCTF with different RMS systems to share crime information in real time. It’s all about informationDet. Leon Crone and Records Supervisor Linda McCool stand sharing, and we with the Chief outside the PD. need to get to CS: In what ways information has CODY helped? across county lines. Using, I can share FW: In so many ways! I think the fact that my officers can information with my neighboring agencies. At the end of enter information once and have it available throughout the day, we need to be able to communicate and have that the system instantly is a huge time saver. When you’re exchange of information. Whether it is using CODY’s adding somebody to the system you can link them to any data-sharing system for law enforcement or other entity in the system right through the IRF [CODY’s their alerting system for the counties, the SCTF tries to use Incident Report Form]. Everything is only a click away. the latest technology to benefit all of its My officers love that! stakeholders. can be utilized on a daily basis by officers in most of the SCTF counties at this point for It’s also reduced the number of duplicate name and their daily work. However, when a major incident occurs, business records substantially. It helped us clean up our officers and the Incident Management Team can search database and keep it that way which is safer for my to develop intelligence information. The officers on the street. When they’re running a name, they information in is one stop shopping, where in can be sure that they have good information out there. the past, gathering information from different agencies would have been difficult. CS: What RMS functionality does your officers/staff most rely on? CS: From your perspective as Chief of a smaller FW: Our officers rely mostly on the full access to Names department, how has the COBRA technology employed and Incidents in CODY Express when they are on the by the SCTF helped to supplement your operations? street. We also utilize CODY Officer Logs FW: The real time data in, allows officers to administratively to reduce the number of incidents or have access information from multiple agencies in complaints the officers would normally fill out, while still multiple counties in one secure environment. As a Chief documenting their obligated time. in a smaller agency, it is imperative that our officers have the information they need to keep themselves and our CS: Now, in addition to being Chief, you also work with citizens safe. the South Central PA Task Force? FW: I am Chair of the Data-Sharing Working Group of the Task Force which was actually formed before the Great thing is, with CODY, we’ve actually increased our officer’s efficiency in handling calls. In fact, we noted a 66% reduction in the time it takes an officer to put a simple complaint in and that’s huge when you’re talking about a 10-20% reduction in your staffing.



CS: Can you remember a specific instance when CODY/technology made the difference in a case or investigation? FW: We had a robbery case that involved the FBI. CODY allowed our investigators to quickly and easily locate an incident from the previous night, where the suspect had been stopped and questioned by our night shift. They had a name through CODY. The FBI checked CLEAN/NCIC and found the suspect had been fingerprinted within the last hour, after being arrested by Swatara Township. That information was also available in So, CODY provided a name then a check of a larger database and provided a location (Dauphin County Prison). After two attempted robberies in Lower Allen Township, the suspect went to the Harrisburg Mall, where he did another robbery. Swatara Township Police were able to locate him and arrest him within the Harrisburg Mall.

Officer Edward Curtis using CODY Express

CS: With all the stress that comes with the job as Chief, can you share something fun about your job? FW: I have two high schools in the township, one parochial and one public. Well, the public school is the one with the football stadium, so on Friday nights in the fall we have at least one, sometimes 2, football games

going on in our township. We always put officers down at the football games since there’s a contract for that, but sometimes I like to get on my uniform and go out there myself on a Friday night. I love putting on that uniform and going back out on the street when I get the chance…even after all these years!

To learn more about this project, please feel free to contact the Chief at : Lower Allen Twp PD - (717).975.7575 ext.1601 or

BLAIR AGENCY WARNS OF NEW DRUG By Phil Ray ( Reprinted from “The Altoona Mirror”

The Blair County Drug and Alcohol Program Inc. has sent out a warning about a harmful new drug with effects similar to but even more severe than Blizzard or bath salts. It is known on the streets as “N-Bomb” or “Smiles,” and its side effects include “out of control thinking, paranoia, panic, unwanted and overwhelming feelings and violence,” the program warned in a “hot sheet” flier. Overdosing on the drug, which is common,

can lead to “seizures, bleeding of the brain and death,” it said. The effects last six to 10 hours. Judy Rosser, executive director of the Drug and Alcohol Program, said her agency doesn’t send out warnings very often, but she believes this one is appropriate because of the dramatic effects of the drug and because “we are seeing a pocket of usage especially among our youth.” Read the full story under the Local News section of



TECH MANDATES By James A. Dill, Deputy Chief (retired) PA Office of Attorney General

DEVIOUS SMARTPHONE PHONE APPS The truly sad thing is that so may teens and even preteens have used an app such as this and have had their lives so disrupted that some have resorted to suicide. In fact there are numerous cases where sexting and explicit photo sharing has led to a new craze called “Viral Shaming”.

Now a days when you hear the phrase: “There is an app for that” you can really believe it. According to a May 16, 2013 article from “The Guardian” by technology editor Charles Arthur “More than 50 billion apps have now been downloaded from Apple’s App Store since it opened in July 2008”. Google is not far behind, announcing 48 billion downloads from its Google Play store so far. These statistics are literally mind boggling. Both Google and Apple claim to have over 800,000 apps available in their market places. Throw in over 200,000 Blackberry apps and a surging Windows Mobile platform with over 150,000 apps and you will begin to see that the whole world of mobile computing is truly changing. We are doing so much more on our phones and we are doing it wherever we are and whenever we want.

behind Snapchat is that it is a self destructing image/video sending application. We have discussed self destructing text messages before such as “TigerText”, but this one is geared to the younger generation and is image based (MMS-Multimedia Messaging Service). Users can send pictures or video to their friends and the images are supposed to self-destruct after a maximum of 10 seconds. The Snapchat website states: “Snapchat is a new way to share moments with friends. Snap an ugly selfie or a video, add a caption, and send it to a friend (or maybe a few). They’ll receive it, laugh, and then the snap disappears.” Many who download the app (especially young teenagers) believe it is safe and the perfect way to send those intimate photos to that one true love in middle school… It has also been known to be used by drug dealers who don’t want to have a verbal conversation or use standard text messaging techniques. Both the sender and receiver must have the app. Snapchat was started by Evan Spiegel, Bobby Murphy and two other developers from Stanford. The idea initially started as a project for class, but classmates were apprehensive about the concept of self-destructing photographs. However, Spiegel went ahead and developed the app with his friends and Snapchat successfully launched in September 2011, from Spiegel’s father’s living room (which remains the company’s headquarters). According to CNET Snapchat as of June 2013 had over 8 million users so, trust me folks, it is being used. It has gotten so popular that Facebook blatantly copied it and introduced their own self destructing image messaging app called “Facebook Poke”. Snapchat even comes with a unique feature that alerts you if someone has taken a screenshot of that scantily clad photo you sent your boy/girl friend. In my opinion that is a really nifty feature. You get to know in advance that your life has just been ruined! What most kids and adults don’t realize is that there are numerous ways to defeat Snapchat’s self destructing feature and

Unfortunately there lies the rub. With so many apps available individuals are finding more and more ways to use and misuse them. Apps are being created for stalking, sexting, spying and a whole host of other nefarious usages. This article takes a look at a just one very popular app called “Snapchat”. By now many of you know a little about the infamous Snapchat app. For those of you that haven’t heard about it, the premise 28 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | FALL 2013

TECH MANDATES save the photos. Just do a search on the Internet and you’ll find the work arounds (most developed by sixteen year old males with raging hormones). What are some of the work arounds? First, there is the standard screenshot where you just use the phone’s screenshot feature to save a picture of what appears on your screen. However Snapchat, as I stated earlier, will alert the sender. That is until iOS 7 is released (it is already in beta 2). In iOS 7, taking a screenshot no longer closes the photo viewing window in Snapchat, which means no notification is sent when a screenshot is captured. Second, there is also the technique where you ask your buddy to take a photo using his phone as soon as you open the Snapchat photo sent to your phone. This way the sender will never know you have captured the photo (that is until you send it to everyone in your neighborhood and school). The third technique is more from a law enforcement, forensic perspective. US-based computer forensics specialist Richard Hickman studied the app’s premise and found that Snapchat photos don’t actually disappear at all from the phone. Studying a forensic image of a phone running Snapchat, Hickman found a directory called received_image_snaps. Its contents contained both unviewed and supposedly “expired” images. How? According to Hickman, Snapchat relies on two steps to make your images “disappear”. It adds the extension .nomedia to the filenames, which is a standard Android marker that says, “Other apps should ignore this file.” The other way is Snapchat adds a record to its own database to say, “The following image should be treated as though it doesn’t exist.”

bullying, viral shaming or just have some children at home, I hope this article regarding self destructing messages will be of some assitance to you. We’ll exam additional apps in future articles that truthfully highlight the “Darker Side of Technology”. If you want to learn more about technology threats to an officer or an investigation, the Northeast Counterdrug Training Center offers a free training program called “Technologies Used Against Police” that examines in further detail techologies that can hurt you, your familes and can circumvent or interfere with the investigative process! You can register at Jim Dill is a retired deputy chief from the PA Office of Attorney General. He spent the majority of his career dealing with investigative technologies. He is now an investigative technology consultant, trainer and subject matter expert with Alutiiq International and ITIS, LLC. More information regarding courses he instructs can be obtained at If you have a question, comment, or an idea for an article he can be contacted at:

There are some other techniques, but you get the picture by now. The truly sad thing is that so may teens and even preteens have used an app such as this and have had their lives so disrupted that some have resorted to suicide. In fact there are numerous cases where sexting and explicit photo sharing has led to a new craze called “Viral Shaming”. This is where a user sends what they believe will be a private or expiring message. Word gets out and others use email and social networking to brutally embarrass and shame the sender to the point where they can’t take it anymore. Amanda Todd, Audrie Pott, Rehtaeh Parsons all took their lives as a result of something they did online that they truly regreted. If you have a few minutes look at their stories online –so sad or better yet have your children look it up. In conclusion, if you are investigating a sexting case, cyber



UPDATE By Christopher J. Braun, MSIT, PCPA Technology Coordinator


The Pennsylvania Commission on Crime and Delinquency (PCCD) in collaboration with the Pennsylvania State Data Center at Penn State Harrisburg secured federal Statistical Justice System funding from the Bureau of Justice Statistics to implement this digital dashboard system. PCCD is committed to improving the administration of justice at the state and local level through the implementation of innovative solutions. At the county level, these efforts have been facilitated through the establishment of county Criminal Justice Advisory Boards (CJABs), which include a wide-continuum of county officials from the courts, corrections, law enforcement, community-based justice organizations, executive branch agencies, health and human service agencies, victims’ service agencies, and the faith communities. CJABs use a collaborative approach to justice planning and problem solving. The pilot project was completed in April 2013, and the dashboards are now implemented on a statewide basis.


The Pennsylvania Virtual Training Network continues to grow. The PAVTN now has over ten thousand four hundred registered users and over sixteen courses, including all four Municipal Police Officers Education and Training Commission mandatory in-service courses for 2013. In the late fall PCPA will add a course on Human Trafficking. Currently, there are five courses being developed for 2014. This included all four 2014 MPOETC mandatory inservice courses (available January 2014) and a course about the Primary Aggressor in domestic violence cases. If you know others that are not taking advantage of online training, please remember to tell them to check it out.


PCPA is conducting a demonstration project in cooperation with Cumberland County to show the advantages and use of live video conferencing in public safety situations and law enforcement duties. The project establishes a central video conferencing server that will allow different types of computers, tablets and smart phones to feed live video. Some of the anticipated uses range from being able to feed live video from a smart phone back to a command center during a large event or disaster, to police sending live video from a crime scene to a supervisor. The project will explore and catalog the use and potential benefits. More on this will be reported as the project progresses.

The Dash Boards track key metrics from the county justice system including: prison indicators, courts indicators, juvenile indicators, probation/parole indicators, law enforcement indicators. Since 2006, PCPA has been working with PCCD with PSP, and AOPC to make sure every arrest fingerprint is captured and submitted to PSP. As a result of that work a statistical reports shows every arrest filed in the court system and whether fingerprints for that arrest were submitted to PSP. PCPA has been stressing the importance of fingerprints for criminal history records and criminal investigations. PCPA has been documenting the problems and public safety issues when fingerprints are not submitted. This Dash Board report will identify the county and agencies that are out of compliance and assist us to identify issues regarding non-submission of fingerprints.






†Active Membership $125 per year plus $50 Initiation Fee ($125 to accompany application) †Affiliate Membership $125 per year plus $50 initiation Fee ($125 to accompany application)

3905 North Front Street | Harrisburg, PA 17110 | Tel: 717-236-1059 | Fax: 717-236-0226 | PLEASE TYPE OR PRINT CLEARLY.



Full Name of Employer __________________________________

Please list a current member of the Pennsylvania Chiefs of Police Association who has recommended that you apply for membership. If the applicant holds a rank lower than Chief, your recommending member must be your Chief, Superintendent or Commissioner.

Office Address _________________________________________

Recommending Member Name and Title:



Name_________________________________________________ Rank ___________________________ Date of Appt __________

______________________________________________________ County _____________________ Phone ___________________

Department Name and Phone Number: ______________________________________________________

Fax ___________________ Email __________________________


Are you a sworn police officer? Y or N

Provide the number of sworn police officers in your department

Full Time Police Officer in Above Department? Y or N

Full time ___________ Part time __________

MPOETC # ___________________________________________ If not applicable, please explain why MPOETC number is not present ______________________________________________________ Residence Address _____________________________________ ______________________________________________________ ______________________________________________________ County ____________________ Phone ____________________ Date of Birth _______________ Region ____________________ Have you ever been convicted by a Court of Record of the commission of a felony or misdemeanor? Y or N

If yes, explain on a separate sheet of paper and attach to application form. Signature of Applicant: ______________________________________________________

MAIL TOTAL FEE AND THIS FORM TO: PA Chiefs of Police Association 3905 North Front Street, Harrisburg, PA 17110 For office use: Check Amount & No. ______________ Date __________________________

If industry, number of security officers under applicant’s command ___________ If other, state nature of business in relation to law enforcement ______________________________________________________ ______________________________________________________ ______________________________________________________


Section 4. Active Membership. “Active” membership shall be open to the following: (a) All full-time sworn chiefs of police, superintendents, or commissioners of municipal police agencies in the Commonwealth of Pennsylvania who have police powers and MPOETC Certification (b) All full-time sworn municipal police officers in the Commonwealth of Pennsylvania who have police powers, MPOETC Certification and hold the rank of captain or above and persons who hold the rank of Captain or above that are members of the Pennsylvania State Police; (c) Special agents in charge, assistant special agents in charge, and resident agents of any law enforcement entity of the United States government if, at the time of application, such persons are headquartered in the Commonwealth of Pennsylvania; and; full-time persons with command-level responsibility in any law enforcement agency of the Commonwealth of Pennsylvania provided that these individuals are not elected to their position by a popular vote of citizens Section 5. Affiliate Membership. “Affiliate” membership shall be open to those persons who, by occupation are Chiefs of Police who work part time, Police Officers In Charge of Police Departments, Directors of Police Agencies, and Ranking officers who have a supervisory role in a police department. This category also includes agency heads of Corporate Security and Police Academies . These individuals must share a mutuality of interests with the Association and its membership, enabling them access to information from the Association that is regularly provided to Active Members. Affiliate members may attend the Association’s Annual Meeting at the invitation of the Executive Board and under no circumstances shall such members have or exercise the privilege of voting, either by voice or ballot, on Association business. For the full by-laws regarding membership, please visit our website at

PCPA Bulletin Magazine  

The Fall 2013 issue of the Bulletin Magazine