1914 - 2014
t a i r b e l e C ng O1u9r 100th Anniversa r y
14 - 2014
EXECUTIVE BOARD & COMMITTEES OFFICERS
BUDGET & PERSONNEL
Thomas R. King, Chair John W. Mackey, Vice Chair
President Chief of Police • State College Borough
Joseph J. Daly • Mark E. Hall Richard E. Hammon • Robert G. Jolley William J. Kelly • Michael A. Klein David A. Mettin • William F. Richendrfer David J. Spotts
2nd Vice President Chief of Police • Dallas Township
EDUCATION & TRAINING
David A. Mettin, Chair S. Michael Murphy, Vice Chair
William Kelly 1st Vice President Chief of Police • Abington Township
3rd Vice President Chief of Police • Clarion Borough
T. Robert Amann • Charles J. Crawford William J. Daly • Joseph G. Elias Milton Fields • Michael J. Flanagan Douglas E. Grimes • William L. Harvey Ashley J. Heiberger • Robert G. Jolley David M. Laux • John T. Maxwell Catherine R. McNeilly • James L. Santucci Carl Scalzo • Kevin J. Stoehr George J. Swartz • Oscar P. Vance, Jr. Robert W. Wilson • Raymond F. Zydonik
Secretary- 2014 Chief of Police • South Centre Township
Diane Conrad, Chair
Treasurer - 2014 Chief of Police • Harrison Township
David Spotts 4th Vice President Chief of Police • Mechanicsburg Borough
John Mackey Chairman Chief of Police • Bethel Park Borough
BOARD MEMBERS Richard Hammon – 2014 Superintendent of Police • Silver Spring Township
David Mettin – 2014 Chief of Police • Pennridge Regional
Thomas Gross – 2014 Chief of Police • York Area Regional
William Grover – 2015 Chief of Police • Etna Borough
James W. Adams • Darryl L. Albright Scott L. Bohn • Randolph G. Cox Joseph J. Daly • Richard M. Danko Michael A. Donohue • Eric D. Gill Erik P. Grunzig • Bryan B. Kelly Daniel J. Kortan, Jr. • Joseph F. Lawrence Marshall A. Martin • Coleman J. McDonough Dean E. Osborne • Lawrence R. Palmer David Souchick • David J. Spotts David E. Steffen • Michael J. Vogel Dennis H. Walters • Steven R. Wheeler Frank E. Williamson
MEMBERSHIP/BYLAWS Mark G. Pugliese I, Chair
Members: Scott Bohn – 2015
Chief of Police • Castle Shannon Borough
Kenneth M. Truver • Curt A. Martinez Donald J. Aubrecht • Guy A. Salerno Harold C. Lane • John E. Petrick John F. Slauch • Joseph J. Daly Keith Keiper • Mark L. Bentzel Mark E. Hall • Paul Yost Samuel J. Gallen • Timothy P. Trently William P. Grover
Larry Palmer – 2016
Chief of Police • Palmer Township
J. William Schmitt, Chair
Chief of Police • West Chester Borough
James Adams – 2015 Chief of Police • Upper Allen Township
Kenneth Truver – 2016
Members: Donald G. Hunter, Sr. • Joseph F. Ferrelli Keith D. Guthrie • Richard E. Hammon Stephen W. Ott • Wendell A. Rich William L. Eckert • William L. Howatt William S. Weaver
PCPA STAFF Mike Mastroianni, Interim Executive Director, firstname.lastname@example.org Deb Skonezney, Administrative Assistant, email@example.com Joseph Blackburn, Accreditation Coordinator, firstname.lastname@example.org Christopher Braun, Technology Coordinator, email@example.com Cheryl Campbell, Financial Coordinator, firstname.lastname@example.org Jerry Miller, Offender Identification Technology, email@example.com Andrea Sullivan, Accreditation Assistant, firstname.lastname@example.org Bill Gibson, Physical Fitness, email@example.com
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
1914 - 2014
BULLETIN USPS 425940 • ISSN 0031-4404
WINTER 2013 - VOL. 115; ISSUE 4
12 13 21
Technology Update PCPA’s 101st Annual Education and Training Conference 7 Things COPS Should Never Say to Anyone
IN THIS ISSUE
COLUMNS & DEPARTMENTS
IFC Executive Board & Committees 4 President’s Message 5 Executive Director’s Message 6 Newest Accredited Agencies 7 Upcoming Training/Events
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.
COLUMNS & DEPARTMENTS
7 7 9 16 22
Memberships 2014 Dues Renewal The Chiefs Legal Update Legislative Report Statement of Ownership
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 Mike Mastroianni, 3905 North Front Street, Harrisburg, PA 17110-1536 or emailed to firstname.lastname@example.org.
DEAR PCPA MEMBERS, police experience. In his first two months with the Association, Mike has done an outstanding job working effectively with staff, members, and our various partners throughout the Commonwealth. We are truly blessed to have Mike leading our Association during this transitional period.
As we enter the winter season, I want to begin my message wishing all PA Chiefs of Police Association members, staff, and other PCPA partners a very Merry Christmas and Happy Holiday season. We all can be so busy this time of year, and it is no different at PCPA Headquarters. There are many updates to provide since I last wrote. In September, long-time Executive Director Amy Rosenberry left employment with our Association. Amy served our Association for 21 years, including the past 14 years as Executive Director. Under her leadership, our Association implemented a number of new programs that continue today. The first order of business was to identify an interim Executive Director. We were fortunate to hire Mike Mastroianni to serve in this interim role while a search for the next PCPA Executive Director can be conducted. Mike has extensive law enforcement experience, including 10 years as Chief of Police at the Penn Township Police Department in Westmoreland County and is a long-time member of the Association. Mike has a degree in Police Science and Administration and had nearly 40 years of
An Executive Director Search Committee has been established to process resumes received, conduct interviews, and make a recommendation to the PCPA Executive Board on the next Executive Director. The search committee consists of four members from the Executive Board, one from each Region and two PCPA staff members. Resumes are expected to be accepted until the position is filled. Anyone interested in submitting a resume should contact Mike Mastroianni. In addition, we have had two other employees leave employment with the Association. In late October, Member Services Coordinator Tom Armstrong resigned. Tom’s primary responsibilities included Testing and Consulting as well as serving as our Legislative Liaison. Joe Blackburn is now leading the Association’s Testing and Consulting Services. Until a new Executive Director is hired and can assess our Association’s needs, we will use a “team approach” for our legislative initiatives. The “team” consists of the Legislative Committee chaired by Chief Diane Conrad, interim ED Mastroianni, and members of the Executive Board. Administrative Assistant Ashley Crist departed the Association just last week. Ashley was employed by PCPA for 4 years assisting the ED and other staff in many ways. We appreciate her valuable service to the Association and wish her the very best in her future endeavors. On December 2nd, the Association hired Deborah Skonezney as Administrative Assistant. Deb, who has
4 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
strong organizational and communication skills, has a professional background in publishing, working with advertisers, and being assigned various special projects. Please help me welcome Deb to the PA Chiefs of Police Association. As we embark on a new year, we remind all members of the PA Virtual Training Network (PAVTN). We currently have over 10,000 PA police officers who are enrolled in the Associations PAVTN. Again in 2014, all four mandatory in-service training (MIST) courses will be available on the PAVTN. As one of many agencies who received 2013 MIST through the PAVTN, I can personally attest to the exceptional resource we have with the VTN. If you and your officers have not yet enrolled, you are encouraged to do so and try 2014 MIST through PAVTN to assess this on-line training for yourself. Oh, I almost forgot the most important part…..it is FREE!!!!! We have begun planning the 2014 Education and Training Conference that will be held at the Radisson Valley Forge from July 13th to July 17th. This conference will be the culmination of the Association’s 100th anniversary. The Education and Training Committee is developing a “top notch” itinerary of speakers and training topics. Mark your calendars now and join hundreds of other PCPA members, vendors, partners, and other guests for this memorable conference. Finally and most importantly, I wish you and your families a very healthy and happy 2014. God Bless,
Tom King President, PCPA
EXECUTIVE DIRECTOR’S MESSAGE
DEAR MEMBERS, TRANSITION noun \tran(t)-’si-shʊn, tran-’zi-, chiefly British tran(t)-’si-zhʊn\ a change from one state or condition to another; Passage from one state, stage, subject, or place to another: CHANGE Times of transition can be stressful in any organization. I can speak from experience when I say that most cops do not necessarily embrace change. That being said, change happens and after a period of adjustment, life goes on. Speaking of change, allow me to introduce myself as the Interim Executive Director of PCPA. For those that do not know me, I retired in 2008 from the Penn Township Police Department after serving in law enforcement for 35 years, the last 10 as chief of police. Since my retirement, I have worked with PCCD as the Police Liaison Project Coordinator for Western Pennsylvania. My responsibilities included visiting all 425 police departments in the 20 counties of Western Pennsylvania to assess their compliance with the Pennsylvania and Federal Juvenile Acts. I have been active for the past 10 years as an assessor, consultant and trainer in the Pennsylvania Law Enforcement Accreditation Commission program. I would never have imagined 2 months ago that I would be writing an article for the Bulletin. I was honored to have been appointed as the Interim Executive Director while a search for and hiring of a permanent Executive Director occurs. While mine is an interim appointment, I take the responsibility of leading this organization very seriously. I view my job, though temporary as keeping the PCPA ship on course until a permanent Director can be appointed. www.pachiefs.org
I would like to thank all of you who have called and emailed words of encouragement to me. Rest assured that over the next several months I will be reaching out to many of you for your help and guidance. The PCPA was an invaluable asset to me while I was a chief and it is my goal to see to it that the association continues to assists police executives across this great Commonwealth. I am extremely impressed with the knowledge and dedication of the PCPA staff. Andrea, Ashley, Cheryl, Chris, Deb, Jerry and Joe know their jobs and perform them admirably. I discovered my first day on the job that the best track to take with the staff was to get out of the way and let them do their job. The membership should be aware that everyone here at headquarters is working tirelessly to fulfill the mission of the PCPA. The Executive Board and staff continue to work on the important business of the association. Legislative issues, converting the association from a 501 c6 to a 501 c3 non-profit corporation and of course the search for a permanent executive director are just a few of the issues being worked on. As hard as it is to believe, planning is already underway for the upcoming 101st annual Education and Training Conference. This year’s conference will be held at the Radisson Valley Forge on July 13th through the 17th. As always, the Education and Training Committee and the staff are working tirelessly planning another great week of training and fellowship among members and their families. All of the guest rooms have been remolded since the last conference was held there in 2006. Additionally, a $1.2 million renovation of the Conference Center is currently underway.
I would encourage departments to utilize the wide ranging services provided by the PCPA. Entry level and promotional testing, oral board exams, executive searches, accreditation, and PAVTN are just a few of those services. While personnel may change, what will not change is the dedication and commitment of all of those involved in the operation of the PCPA to see to it that this association continues to be the voice of law enforcement leaders across Pennsylvania. I would encourage anyone to contact me if they have any issues of concern or ideas that would improve upon any of the services we provide. In closing, Karen and I wish all of you and your families a very Merry Christmas and a healthy and Happy New Year. Respectfully,
Michael Mastroianni Interim Executive Director
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 5
WELCOME TO OUR NEWEST ACCREDITED AGENCIES:
ADAMS COUNTY SHERIFF’S OFFICE
NORTHAMPTON COUNTY CHIEF DANIEL G. PANCOAST
ADAMS COUNTY SHERIFF JAMES MULLER
BUCKS COUNTY CHIEF HENRY PASQUALINI
HANOVER TOWNSHIP LUZERNE COUNTY CHIEF ALBERT L. WALKER
BUCKS COUNTY SHERIFF’S OFFICE BUCKS COUNTY SHERIFF EDWARD J. DONNELLY
THE FOLLOWING AGENCIES WERE RE-ACCREDITED AT THE PLEAC MEETINGS IN JUNE AND OCTOBER: Upper Allen Township Cumberland County Chief James W. Adams
Bethlehem City Northampton/Lehigh County Commissioner Jason D. Schiffer
Pennsylvania Capitol Police Dauphin County Superintendent Joseph M. Jacob
Penbrook Borough Dauphin County Chief David E. Hiester
West Norriton Township Montgomery County Chief A. Dale Mabry
Bloomsburg Columbia County Chief Roger F. Van Loan
Fairview Township York County Acting Chief Jason Loper
Upper Saucon Township Lehigh County Chief Robert E. Coyle
East Lampeter Township Lancaster County Chief John M. Bowman
Lower Salford Township Montgomery County Chief Thomas A. Medwid
Franconia Township Montgomery County Chief Joseph S. Kozeniewski
Lower Swatara Township Dauphin County Chief Richard D. Brandt
Lower Providence Township Montgomery County Chief Francis L. Carroll, III
Dallas Township Luzerne County Chief Robert G. Jolley
Findlay Township Allegheny County Chief Jesse J. Lesko, Jr.
Upper Merion Township Montgomery County Chief Thomas M. Nolan
Easton City Northampton County Chief Carl Scalzo
Somerset Borough Somerset County Chief Randolph G. Cox
Swoyersville Borough Luzerne County Chief David M. Latoski
Warren City Warren County Chief Raymond F. Zydonik
6 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
SAVE THE DATE Please save the dates for the 10th Annual Pennsylvania Law Enforcement Accreditation Training Conference. The Conference will be held from March 31 - April 2, 2014 at the Harrisburg East Holiday Inn, 4751 Lindle Road, Harrisburg, PA. Registration information will be forthcoming.
NEW & DECEASED MEMBERS NEW MEMBERS – ACTIVE
RETIREMENT PARTY HONORING CHIEF ROBERT RUXTON JANUARY 18, 2014 HORSHAM, PA
Chief Ronny Hege Wrightsville Borough
Inspector Elijah Thompson IV Philadelphia Housing Authority
Chief Richard Bosco Lincoln Borough
Captain Will Clark Wilkes-Barre Township
Director of Public Safety Jill Mahady Nazareth Area School District
NEW MEMBERS – AFFILIATE
Acting Chief Jorge Medero Allentown City Lieutenant Duane Fisher Mt. Lebanon Township Chief of Police Brett Hivner Shillington Borough Deputy Chief Inspector Chad Ellis PA Office of Attorney General
PCPA FITNESS COORDINATOR COURSE JANUARY 20-24, 2014 HARRISBURG, PA
Acting Chief Jason Dubernas Old Forge Borough Commissioner Richard Southerton Honesdale Borough DECEASED MEMBERS Roy Bridges Retired Chief Hummelstown Borough
DUES RENEWAL 2014 PCPA 2014 Dues Renewal notices will be sent out either electronically or by mail this year, depending on the mailing preference in your profile. For members who have opted to receive your mail and the Bulletin magazine electronically, you will be receiving a dues invoice via email this year. Please check your inbox after January 1st to ensure that you didn’t miss the invoice or that it wasn’t sent to your spam folder. If you have chosen to receive your PCPA information electronically but have not received regular emails from PCPA, we may have your email address listed incorrectly. Please login to the PCPA website using your email and password, go to “View Profile” to correct any errors in your contact information.
HIGH-IMPACT SUPERVISION (HIS) JANUARY 20-22, 2014 WILKES-BARRE, PA
For members who have continued to receive their magazine through the mail, your dues renewal notice will be mailed after the first of the year. If you haven’t received anything from PCPA by the end of January, please call our office to make sure we have a correct home or department address listed. Thank you for your continued membership in 2014!
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 7
IS YOUR INFORMATION UP-TO-DATE? PLEASE TAKE A MOMENT TO VISIT THE PCPA WEBSITE AT WWW.PACHIEFS.ORG AND LOG IN AT THE TOP RIGHT CORNER USING YOUR EMAIL AND PASSWORD.
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 donâ€™t miss out on pertinent information between magazines. Your accurate information will allow us to better serve you! Thank you!
8 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
LEGAL UPDATES FOR LAW ENFORCEMENT
THE CHIEF’S LEGAL UPDATE Provided by Chris Boyle, Esq. and reprinted with permission from Marshall, Dennehey, Coleman
Coleman regained consciousness, after which Officer Przybylski placed him in handcuffs. Officer Hall asked him why he was carrying the gun and whether he was an off-duty officer or someone else permitted to carry a gun. Coleman responded that the gun was for his protection. The officers placed Coleman in Przybylski’s patrol car. Przybylski advised Coleman that he was being detained for the firearm but did not administer Miranda warnings at the time. While driving to the police station, Przybylski was listening to the radio. After a report that the New York Yankees had lost a World Series Game to the Philadelphia Phillies, Coleman stated words to the effect that he was “having a bad night, his Yankees lost and he shouldn’t have left the gun in the open like that.”
Comment: Being from Philadelphia, this one had a real special feel for me when I read it. Damn Yankees! Plain view doctrine strikes again, and this case throws in the public safety exception as well. Just remember that plain view only works if you are legally where you are allowed to be to begin with. Here, it was Coleman’s unconscious state, and the officers’ concern for his well being, that got them to where they were allowed to be.
UNITED STATES V. COLEMAN, 2013 U.S. APP. LEXIS 23328 (3RD CIR. NOVEMBER 20, 2013) Appellant, Shawn Coleman, was found guilty by a jury of being a convicted felon in possession of a firearm … At about 2:00 AM on November 5, 2009, the Lindenwold, New Jersey Police Department received a telephone call from a resident of an apartment complex complaining that an unknown vehicle’s bright lights were shining into the resident’s apartment unit. Officers Arthur Hall and George Przybylski responded to the call and found the vehicle running with its high beams on and the radio playing loudly. The www.pachiefs.org
officers observed Coleman in the front seat of the vehicle either asleep or unconscious. The officers’ attempts to rouse Coleman were unsuccessful. Because they were concerned about Coleman’s unresponsiveness, they checked and discovered the doors were unlocked. Officer Przybylski opened the driver’s door and shook Coleman to no avail. Officer Hall, standing on the passenger side of the car, reached over to turn off the car’s engine and to check Coleman’s pulse. While reaching across the car, Hall observed a firearm sticking out of the car’s center console. Officer Przybylski took Coleman from the vehicle and Officer Hall secured the firearm.
At the police station, Officer Przybylski advised Coleman of his Miranda rights and Coleman executed the Miranda Warnings form. Coleman indicated that he understood his rights and invoked his right to remain silent. While being fingerprinted a few minutes later, Coleman spontaneously stated: “I can’t believe I left the gun there. I’m not having a good night. The Yankees lost and now this.” … Przybylski reminded Coleman that he had previously exercised his right to remain silent and asked whether he wanted to speak with the officers. Coleman declined and said nothing more. …A jury found Coleman guilty as charged… Coleman argues that the District Court should have suppressed his second and third statements, in which he admitted he had left the gun in the open. It is unnecessary for us to address whether the District Court erred in admitting CONTINUED ON PAGE 10X
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 9
LEGAL UPDATES FOR LAW ENFORCEMENT Coleman argues that the District Court should have suppressed his second and third statements, in which he admitted he had left the gun in the open. It is unnecessary for us to address whether the District Court erred in admitting these statements because the “admission of unconstitutionally obtained evidence does not warrant reversing a conviction where ‘the prosecution can show that the evidence is so overwhelming that it is beyond a reasonable doubt that the verdict would have been the same without the improper evidence.’” United States v. Shabazz, … Here, the second and third statements pertain solely to the element of whether Coleman knowingly possessed the firearm.
these statements because the “admission of unconstitutionally obtained evidence does not warrant reversing a conviction where ‘the prosecution can show that the evidence is so overwhelming that it is beyond a reasonable doubt that the verdict would have been the same without the improper evidence.’” United States v. Shabazz, … Here, the second and third statements pertain solely to the element of whether Coleman knowingly possessed the firearm. … It is undisputed that the firearm was discovered in plain view beside Coleman in the center console of the car in which he was the sole occupant. This was sufficient to prove beyond a reasonable doubt the element of possession…. COMMENT: Being from Philadelphia, this one had a real special feel for me when I read it. Damn Yankees! Plain view doctrine strikes again, and this case throws in the public safety exception as well. Just remember that plain view only works if you are legally where you are allowed to be to begin with. Here, it was Coleman’s unconscious state, and the officers’ concern for his well being, that got them to where they were allowed to be. UNITED STATES V. SANTA, 2013 U.S. APP. LEXIS 23322 (3RD CIR. NOVEMBER 20, 2013) Appellant Nikos Santa pled guilty to possession of a firearm by a convicted
felon …[W]e will affirm… At approximately 6:30 p.m. on December 23, 2011, in Philadelphia, Santa was driving a white van belonging to his girlfriend, Yolanda Veira, who accompanied him in the front passenger seat. Police Officer David DeCrosta, who was alone on patrol, saw the white van run a stop sign. DeCrosta conducted a traffic stop, and as he walked towards the van, he saw Santa place an unknown object near the front passenger floor of the vehicle.
admitted that his name was Nikos Santa. A computer check of that name revealed an outstanding bench warrant. DeCrosta arrested and handcuffed Santa, keeping him in the police vehicle. Upon returning to the van, DeCrosta saw an open school bag on the front passenger floor between Veira’s feet. He asked Veira what Santa had placed into the bag. She claimed that she did not know and said the bag belonged to her daughter. DeCrosta asked Veira if he could look in the bag. He explained that he did not have a warrant, and that Veira was not legally obliged to provide consent. Veira orally consented and then signed a written consent to search form. DeCrosta then searched the bag and found a .38 caliber revolver loaded with two live rounds of ammunition. At the suppression hearing, Veira testified that she had signed the consent form because of threats and coercion, in direct contradiction of her previous testimony
DeCrosta requested Santa’s driver’s license and registration. Santa, unable to produce identification of any kind, instead provided DeCrosta with false names. After confirming that the names were false, DeCrosta removed Santa from the van and advised him that DeCrosta could bring him to the police station for fingerprinting to determine his identity. DeCrosta then placed Santa, without handcuffs, in the back of the police vehicle. A few moments later Santa admitted that his name was Nikos Santa . A computer check of that name revealed an outstanding bench warrant. DeCrosta arrested and handcuffed Santa, keeping him in the police vehicle.
DeCrosta requested Santa’s driver’s license and registration. Santa, unable to produce identification of any kind, instead provided DeCrosta with false names. After confirming that the names were false, DeCrosta removed Santa from the van and advised him that DeCrosta could bring him to the police station for fingerprinting to determine his identity. DeCrosta then placed Santa, without handcuffs, in the back of the police vehicle. A few moments later Santa
10 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
under oath before the grand jury. The District Court found her testimony not credible, instead credited DeCrosta’s testimony, and concluded that Veira’s consent was entirely voluntary… Santa contends that the police conducted a warrantless search of the backpack in his vehicle without probable cause and that no exception to the warrant requirement existed, thus violating his rights under the Fourth and Fourteenth Amendments. …
LEGAL UPDATES FOR LAW ENFORCEMENT Having carefully reviewed the matter, we conclude that the record supports the District Court’s finding that Santa’s passenger, who was also the owner of the automobile, voluntarily gave the police oral and written consent to search the contents of the backpack in which the gun was found. Accordingly, the denial of Santa’s motion to suppress was proper…(“’It is . . . well settled that one of the specifically established exceptions to the requirements of both a warrant and probable cause is a search that is conducted pursuant to consent.’”… For the foregoing reasons, we will affirm the District Court’s judgment. COMMENT: Santa? Santa, say it ain’t so! This was just too perfect. Given that the stores are shoving Christmas down our throats before the turkey is even on board, it made me happier than a pig in its own excrement to see that Santa, himself, took a pinch. Go ahead and read it again but, this time, picture the actual Santa. (I am picturing him kind of like Tommy Chong in a red suit and hat). All that, and a good case on consent to boot. Officer DeCrosta did
a nice job articulating the consent and for that, on the occasion of the actual holiday that we celebrate in a couple of days, we are thankful. STUMP THE CHUMP In honor of Thanksgiving, and on behalf of everyone here at Marshall Dennehey, thank you all for your service all year long. While being away from your families is part of the package you signed up for, know that it is appreciated by those of us who can be with our loved ones, because of your sacrifices. That said, here are a few of the things (besides family, friends and good health) the Chump remembers being thankful for around the holidays: 1. That criminals are stupid. 2. Overtime. 3. A V8 engine, lights and sirens. 4. Squad parties. 5. That there were no quotas: I was allowed to lock up as many people as I wanted, and write as many tickets as I could.
6. My blackjack. (may he rest in peace) 7. Beer. 8. Fireboard. (For those of you who do not wear a badge, that’s what we called the Fire Department. They cheat at all sports and weight loss competitions, and are seldom really thrilled to bring out a ladder at 3 am, but they were always there when we really needed them.) 9. Not having to go through the metal detector at court with the rest of humanity. (Honestly, I didn’t appreciate it until I couldn’t do it anymore. What a P.I.A. that is!) 10. When Thanksgiving and/or Christmas fell on my RDO. (“Regular Day Off ” for you insurance company folks. Try to keep up, will ya?) 11. That Santa wasn’t allowed at the mall until Black Friday. Those were the days. Happy Thanksgiving Troops. Be well, stay safe. – The Chump
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 www.trafficsafetymarketing.gov for free materials like the ad above and get your message across in a professional manner without the cost of a design team.
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 11
UPDATE By Christopher J. Braun, MSIT, PCPA Technology Coordinator
to help the states plan their effort to build a nationwide digital network for first responders in consultation with FirstNet. Pennsylvania has applied and received funds for their planning and how to approach building this network in the Commonwealth. As part of that effort, the Pennsylvania Chiefs of Police Association participated in the broadband consultation plan workshop on December 4, 2013. The workshop was conducted by Homeland Security Office of Emergency Communications and the Interoperable Communication Technology Assistance Program. The workshop brought together the numerous stakeholders that would benefit from this digital network and laid out the type of planning that will be needed not just to build the infrastructure but also to provide a plan for governance and policy making. What this network will provide is a dedicated digital data and potentially voice network that will allow broadband access to police, fire, EMS and other emergency responders. This would allow for a dedicated and better level of data access, video transmissions, and noncritical voice transmission and possibly into the future critical voice transmission.
PA VIRTUAL TRAINING NETWORK PAVTN The Pennsylvania Virtual Training Network will have all four MPOETC courses for 2014, Legal Updates, Social Media, Post traumatic Stress and Traumatic Brain Injury and Crimes against the Elderly: Transient Criminals beginning in January 2014. In addition, the PAVTN has added two other courses, Human Trafficking and Missing Persons with Alzheimerâ€™s disease and Dementia. For an officer to take the MPOETC courses, they must be approved by their chief of police and their department must send the enrollment spreadsheet as an email attachment. Even if a department had officers take 2013 courses in the PAVTN, we still need a new spreadsheet for 2014 enrollment to comply with MPOETC regulations and assist us to update their records. The PAVTN now has over ten thousand users and having departments submit the spreadsheet as an email attachment helps us keep our administrative cost low so we can offer the
courses free. Spreadsheets are being emailed to chiefs and can also be downloaded from the PCPA web site. For 2014 the PAVTN is working on the 2015 MPOETC courses 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. FIRSTNET FirstNet was created by the middle class tax relief and job creation act of 2012. Passage of this legislation allocated spectrum for the priority of every public safety agency in the United States. It allocated 20 MHz of radio frequency spectrum in what is known as the D block in the 700 MHz radio frequency spectrum. The license for that spectrum was given to FirstNet and provided $2 billion up front and they will receive another $5 billion from the sale of other radio spectrum. Part of that funding provided state planning grants
12 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
The Commonwealth is now in the process of acquiring consulting services to assist gathering technical, geographical and user information to plan for the implementation of this network. The Pennsylvania Chiefs of Police Association will continue working with the Commonwealth and anticipates that we will be looking for police department participation in the planning process sometime in the first part of 2014. USING VIDEO CONFERENCING IN PUBLIC SAFETY AND LAW ENFORCEMENT PCPA is conducting a demonstration project in cooperation with Cumberland County to demonstrate the advantages and use of live video conferencing in public safety situations and law enforcement duties. The project just installed a central video conferencing server that will allow different types of computers, tablets and smart phones to feed live video. We are now in the process of deploying the end user equipment and will begin testing. 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. www.pachiefs.org
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
1914 - 2014 PCPA’S 101ST EDUCATION & TRAINING CONFERENCE COMMEMORATING 100 YEARS AS AN ASSOCIATION! Join PCPA as we celebrate 100 years of excellence in law enforcement. This event will be held at the Radisson Hotel Valley Forge on July 13-17, 2014. While much has changed, one thing that has stayed the same is PCPA’s ability to provide quality training and networking to its members each and every year. This will be an event to remember and we hope you’ll join us for the celebration! Check back to www.pachiefs.org/101conference for updates!
Celebrating O1u9r 100th Anniversa r y
14 - 2014
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 13
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION WE CELEBRATE THE NEW YEAR WITH A NOTABLE MILESTONE OF THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION, ENTERING ITS ONE HUNDREDTH YEAR AS AN ORGANIZATION DEDICATED TO “PROVIDING A VEHICLE THROUGH WHICH MEMBERS CAN COME TOGETHER, EXAMINE THEIR POSITIONS ON ISSUES, AND ADDRESS THE NEEDS OF THEIR COLLEAGUES.” Prior to the inaugural year of 1914, the association attempted to form in 1894. This initial effort to organize occurred one year after the International Association, today’s oldest and largest non-profit membership organization of police executives, was organized. Twelve to fifteen police heads met in the offices of Benjamin J. Linden, then Superintendent of Police of Philadelphia. One of the
attendees present was James N. Tillard, Chief of Police at Altoona and first President of the Pennsylvania State Chiefs of Police Association. One subsequent meeting was held, but changes in heads of police departments that were key organizers and a general loss of interest resulted in the association being disbanded in Spring of 1896.
Eighteen years later, in June of 1914, a meeting of the International Association was held in Grand Rapids, Michigan. While the police heads from Pennsylvania toured Lake Michigan on a steamer known as the City of Grand Rapids, the reincarnation of the association occurred. At this meeting, James N. Tillard, who was still the Police Chief of Altoona and one of the organizers of the International
Organizers of the Original Pennsylvania State Chiefs of Police Association (Photographed, North Front, Philadelphia City Hall, 1894) (James N. Tillard, back row, second from the right) 14 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
PENNSYLVANIA CHIEFS OF POLICE – 100 YEARS AS AN ASSOCIATION
Association, was elected President of the Pennsylvania Chiefs of Police Association. The ensuing bylaws provided instructions to report at a state convention to be held in Harrisburg during the month of September. In the promotion of collegiality and support, the association constitution envisioned a conference that would “secure closer relationship, both official and personal, among police www.pachiefs.org
officials; to obtain unity of action in police matters; to elevate the standard of police institutions; to devise ways and means for the advancement and perfection of a uniform police system throughout the state; the adoption of pension and relief laws; the advancement along all lines pertaining to the prevention and detection of crime, and identification and treatment of prisoners.”
As this new year begins, we look back in appreciation of the tenacity of James N. Tillard. As stated in his President’s Address of 1917, “Having demonstrated its practical value, the association should take on new life and energy from this day. When we meet a year hence there should be a large increase in membership, every man in the State lining up with the association.”
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 15
LEGISLATIVE UPDATES FOR LAW ENFORCEMENT
LEGISLATIVE REPORT Provided by Pennsylvania Chiefs of Police Association Staff
HB 257 Amends Title 53 (Municipalities) further providing for municipal police education and training. HB 287 Amends Titles 18 (Crimes and Offenses) & 42 (Judiciary), in firearms & other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; & in sentencing. HB 401
Amends Title 75 (Vehicles) further providing for accidents involving death or personal injury. HB 412
Amends Title 75 (Vehicles) further providing for definitions, for trafficcontrol signals, for pedestrian-control signals and for right-of-way pedestrians in crosswalks.
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. HB 28
Amends Title 42 (Judiciary) further providing for definitions; and providing for nonmunicipal police extraterritorial jurisdiction for purposes of municipal police jurisdiction. HB 38
Amends Titles 42 (Judiciary) & 75 (Vehicles) further providing for municipal corporation portion of fines; establishing the Municipal Law Enforcement Accreditation Fund; further providing for speed timing devices & State & local powers.
Amends Title 18 (Crimes & Offenses) further providing for the offense of assault of law enforcement officer. HB 90
Amends Title 18 (Crimes) providing for administrative subpoena; and further providing for civil action. HB 107
Amends Title 51 (Military Affairs), in professional and occupational licenses, further providing for definitions and for retention and certification. HB 207
Amends Title 20 (Decedents, Estates and Fiduciaries) providing for autopsies. 16 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
Amends Title 18 (Crimes & Offenses), in assault, further providing for the offense of ethnic intimidation. HB 508
Amends the PA Commission on Crime & Delinquency Law further providing for powers & duties of the commission; & establishing the Law Enforcement Line of Duty Death Reward Fund. HB 516
Amends Title 75 (Vehicles) further providing for exceptions to operation of vehicle without official certificate of inspection. HB 518 Amends Title 18 (Crimes), in general principles of justification, further providing for defs., for use of force in self-protection, for use of force for the protection of property & for care, discipline or safety of others. HB 602
Amends the Controlled Substance, Drug, Device, and Cosmetic Act www.pachiefs.org
LEGISLATIVE UPDATES FOR LAW ENFORCEMENT further providing for definitions and for prohibited acts and penalties; and providing for ephedrine and pseudoephedrine and electronic tracking.
HB 1006 Act providing for procedures in police lineups and for powers and duties of the Attorney General.
HB 1272 Amends Title 75 (Vehicles), in rules of the road generally, further providing for speed timing devices.
HB 1017 Amends Title 44 (Law and Justice) imposing fee for service on municipalities for patrol services provided by PA State Police; providing for allocation of funds; fees for intermunicipal police response, for powers & duties; & appropriations.
HB 1274 Amends Title 42 (Judiciary) further providing for criminal laboratory user fee.
Amends Title 18 (Crimes and Offenses) and 42 (Judiciary) providing for the definition of â€œcommercial sexâ€?; further providing for trafficking of persons; & providing for offense of selling or buying of minors into commercial sex. HB 706 Amends Act extending benefits to police chiefs further providing for salary of nonunion police officers.
Amends Title 18 (Crimes and Offenses) further providing for harassment.
HB 714 Amends Title 18 (Crimes) further providing for offense of identity theft.
Amends Title 75 (Vehicles) further providing for fleeing or attempting to elude a police officer.
Amends Title 18 (Crimes) defining offense of interference with police officers.
HB 1217 Amends the Controlled Substance, Drug, Device & Cosmetic Act further providing for schedules of controlled substances.
Amends Title 75 (Vehicles) further providing for schedule of convictions and points, for speed timing devices and for specific powers of department and local authorities. 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.
Amends Titles 18 (Crimes and Offenses) & 42 (Judiciary) defining the offense of online impersonation; prescribing a penalty; and providing for damages in actions for online impersonation. HB 790
Amends Liquor Code providing for executive director of PLCB & powers; for time & sales; license to hotels, restaurants & clubs; restaurant food market; sales & restrictions; interlocking business; property tax relief & studies. HB 909 Amends Title 18 (Crimes) further providing for expungement. HB 936
Amends the Administrative Code further providing for campus police powers and duties. HB 1000
Amends Title 18 (Crimes and Offenses) further providing for the offense of retail theft. www.pachiefs.org
PENNSYLVANIA LAW ENFORCEMENT ACCREDITATION
THE SYMBOL OF
ONGOING RISK MANAGEMENT Featuring a credible, affordable and practical law enforcement accreditation program unique to Pennsylvania
TRAINING AND START-UP MATERIALS ARE PROVIDED CALL PCPA HEADQUARTERS AT
(717) 236-1059 Pennsylvania Chiefs of Police Association A program funded by PCCD
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 17
7 THINGS COPS SHOULD NEVER SAY TO ANYONE
7 THINGS COPS SHOULD NEVER SAY TO ANYONE By Dr. George Thompson
The ancient samurai knew never to let an opponent pick the place of battle for then the sun would always be in your eyes! “Come here” is loose, lazy, and ineffective language. Easy, but wrong. Tactically, “May I chat with you” is far better, for not only have you picked the place to talk, but anything the subject says, other than yes or no-the question you asked-provides you with intelligence regarding his emotional and/or mental state. Let him start any ‘dance’ of resistance. Point: Polite civility can be a weapon of immense power! 6. “CALM DOWN!” Consider this verbal blunder. You approach some angry folks and you most naturally say, “Hey, calm down!” This command never works, so why do we always use it? Because it flows naturally from our lips!
Dr. George J. Thompson is the President and Founder of the Verbal Judo Institute, a tactical training and management firm now based in Auburn, NY. For full details on Dr. Thompson’s work and training, please visit www.verbaljudo.com. Safety lies in knowledge. If you deal with cagey street people, or indeed difficult people at all, anywhere, you need to watch your tongue! The “cocked tongue” can be more lethal than the 9 millimeter or the 45. See this list of seven commonly used statements that can work against you. 7. “HEY YOU! COME HERE!” Consider, you are on patrol and you see someone suspicious you want to talk with, so you most naturally say, “Hey you! Come here!” Verbal Judo teaches that “natural language is disastrous!” and this provides a wonderful example. You have just warned the subject that he is in trouble. “Come here” means to you, “Over here, you are under my authority.” But to the subject it means, “Go away-quickly!” The words are not tactical for they have provided a warning and possibly precipitated a chase that would not have been necessary had you, instead, walked casually in his direction and once close said, “Excuse me. Could I chat with you momentarily?” Notice this question is polite, professional, and calm. Also notice, you have gotten in close, in his “space” though not his “face,” and now you are too close for him to back off, giving you a ration of verbal trouble, as could have easily been the case with the “Hey you! Come here!” opening.
What’s wrong with it? One, the phrase is a criticism of their behavior and suggests that they have no legitimate right to be upset! Hence, rather than reassuring them that things will improve, which should be your goal, you have created a new problem! Not only is there the matter they were upset about to begin with, but now they need to defend their reaction to you! Double the trouble! Better, put on a calming face and demeanor-in Verbal Judo we say, ‘Chameleon up’-look the person in the eye and say, gently, “It’s going to be all right. Talk to me. What’s the matter?” The phrase “What’s the matter?’ softens the person up to talk and calm down; where ‘Calm down’ hardens the resistance. The choice is yours! 5. “I’M NOT GOING TO TELL YOU AGAIN!” We teach in Verbal Judo that ‘repetition is weakness on the streets!’ and you and I both know that this phrase is almost always a lie. You will say it again, and possibly again and again! Parents do it all the time with their kids, and street cops do it with resistant subjects, all the time! The phrase is, of course, a threat, and voicing it leaves you only one viable option-action! If you are not prepared to act, or cannot at the time, you lose credibility, and with the loss of creditability comes the loss of power and safety! Even if you are prepared to act, you have warned the subject that you are about to do so and forewarned is forearmed! Another tactical blunder! Like the rattlesnake you have made noise, and noise can get you hurt or killed. Better to be more like the cobra and strike when least suspected! If you want to stress the seriousness of your words, say something like, ‘Listen, it’s important that you get this point, so pay close attention to what I’m about to tell you.’ If you have used Verbal Judo’s Five Steps of Persuasion you know that we act after asking our “nicest, most polite question,”
20 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
7 THINGS COPS SHOULD NEVER SAY TO ANYONE “Sir, is there anything I could say that would get you to do A, B and C? I’d like to think so?” If the answer is NO, we act while the subject is still talking! We do not telegraph our actions nor threaten people, but we do act when verbal persuasion fails. 4. “BE MORE REASONABLE!” Telling people “be more reasonable” has many of the same problems as “Calm Down!” Everyone thinks h/she is plenty reasonable given the present circumstances! I never have had anyone run up to me and say, “Hey, I know I’m stupid and wrong, but here’s what I think!” although I have been confronted by stupid and wrong people! You only invite conflict when you tell people to “be more reasonable!” Instead, make people more reasonable by the way in which you handle them, tactically! Use the language of reassurance-“Let me see if I understand your position,” and then paraphrase-another VJ tactic!-back to them their meaning, as you see it, in your words! Using your words will calm them and make them more reasonable because your words will (or better be!) more professional and less emotional.
rules or policies into context and explain how the rules or policies are good for everyone, you not only help people understand, you help them save face. Hence, you are much more likely to generate voluntary compliance, which is your goal! 2. “WHAT’S YOUR PROBLEM?” This snotty, useless phrase turns the problem back on the person needing assistance. It signals this is a “you-versus-me” battle rather than an “us” discussion. The typical reaction is, “It’s not my problem. You’re the problem!” The problem with the word problem is that it makes people feel deficient or even helpless. It can even transport people back to grade school where they felt misunderstood and underrated. Nobody likes to admit h/she has a problem. That’s a weakness! When asked, “what’s your problem?” the other already feels a failure. So the immediate natural reaction is, “I don’t have one, you do!” which is a reaction that now hides a real need for help. Substitute tactical phrases designed to soften and open someone up, like “What’s the matter?”, “How can I help?”, or “I can see you’re upset, let me suggest . . . .” CONTINUED ON PAGE 22X
This approach absorbs the other’s tension and makes him feel your support. Now you can help them think more logically and less destructively, without making the insulting charge implied in your statement, “Be more reasonable!” Again, tactics over natural reaction! 3. “BECAUSE THOSE ARE THE RULES” (OR “THAT’S THE LAW!”) If ever there was a phrase that irritates people and makes you look weak, this is it! If you are enforcing rules/laws that exist for good reason, don’t be afraid to explain that! Your audience may not agree with or like it, but at least they have been honored with an explanation. Note, a true sign of REspect is to tell people why, and telling people why generates voluntary compliance. Indeed, we know that at least 70% of resistant or difficult people will do what you want them to do if you will just tell them why! When you tell people why, you establish a ground to stand on, and one for them as well! Your declaration of why defines the limits of the issue at hand, defines your real authority, but also gives the other good reason for complying, not just because you said so! Tactically, telling people why gets your ego out of it and put in its place a solid, professional reason for action. Even at home, if all you can do is repeat, “those are the rules,” you sound and look weak because you apparently cannot support your order/request with logic or good reason. Indeed, if you can put www.pachiefs.org
PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013 | 21
7 THINGS COPS SHOULD NEVER SAY TO ANYONE Remember, as an officer of peace, it is your business to find ways to gather good intel and to help those in need, not to pass judgments. 1. “WHAT DO YOU WANT ME TO DO ABOUT IT?” A great cop-out (no pun…)! This pseudo-question, always accompanied by sarcasm, is clearly an evasion of responsibility and a clear sign of a lack of creativity! The phrase really reveals the speaker’s exasperation and lack of knowledge. Often heard from untrained sales clerks and young officers tasked with figuring out how to help someone when the rules are not clear. When you say, “What do you want me to do about it?” you can count on two problems: the one you started with and the one you just created by appearing to duck responsibility. Instead, tactically offer to help sort out the problem and work toward a solution. If it truly is not in your area of responsibility, point the subject to the right department or persons that might be able to solve the problem.
If you are unable or unqualified to assist and you haven’t a clue as to how to help the person, apologize. Such an apology almost always gains you an ally, one you may need at same later date. Beat cops need to remember it is important to “develop a pair of eyes” (contacts) every time they interact with the public. Had the officer said to the complainant, for example, “I’m sorry, I really do not know what to recommend, but I wish I did, I’d like to help you,” and coupled that statement with a concerned tone of voice and a face of concern, he would have gone a long way toward making that person more malleable and compliant for the police later down the road. Remember, insult strengthens resistance and shuts the eyes. Civility weakens resistance and opens the eyes! It’s tactical to be nice!
22 | PA CHIEFS OF POLICE ASSOCIATION | BULLETIN | WINTER 2013
PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION
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 | www.pachiefs.org 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 __________________________
APPLICANT DEPARTMENT INFORMATION
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 www.pachiefs.org.