Pa. mayor, chief in battle over police records

By Michael Rubinkam

Associated Press

Published: Saturday, Oct. 29 2011 12:00 a.m. MDT

In this Friday, Oct. 28, 2011 photo, Mayor Rick Hoffman poses for a portrait in front of the borough hall, in Macungie, Pa. First-term mayor Hoffman wants to clean up a police department he portrays as out of control. To do that, he says, he needs access to all of the department's files. The police department says Hoffman, as a civilian, has no business looking at sensitive investigative materials. The case has landed in court, with Hoffman winning the first round. With a state appeals court set to hear arguments, law enforcement officials worry that a bad precedent will be set.

Michael Rubinkam, Associated Press

Enlarge photo»

MACUNGIE, Pa. — The mayor of this small eastern Pennsylvania town says he needs access to the police department's files so he can investigate citizen complaints about the force and make changes as necessary.

Macungie's police chief says the mayor, a civilian with no law enforcement experience, has no business looking at sensitive investigative materials or telling officers how to do their jobs.

Their dispute has landed in a state appeals court, and the outcome could have a ripple effect on hundreds of Pennsylvania boroughs.

At issue is the balance of power between mayors and the police departments they oversee. The Pennsylvania Borough Code, the 1966 law that governs the operations of the state's 958 boroughs, says the mayor "shall have full charge and control of the chief of police and the police force," and "shall direct ... the manner in which the chief of police and the police force shall perform their duties."

As clear as that seems, the provision has spawned questions through the years about who's exactly responsible for what — and it has created conflict between small-town mayors and their police departments.

"Power struggles and interpersonal conflicts sadly exist, such as in the case of Macungie, where it seems that cooler heads cannot prevail on behalf of the community," Courtney Accurti, spokeswoman for the Pennsylvania State Association of Boroughs, said via email.

The association has been working on an overhaul of the Borough Code for nearly a decade, including a clarification of the mayor's role in the police department. A bill was introduced in the House in June.

Law enforcement officials say mayors are welcome to exert administrative control of the police, but should not have the right to make decisions about how officers fight crime. Those who side with the mayors say it's their duty to make sure police are accountable and effective. They point out that civilian control of military and law enforcement agencies is a bedrock principle of American democracy.

Most mayors "understand there's a fine line between 'full charge and control' of the police department and getting involved in police duties," said Al Chelik, mayor of the Lackawanna County borough of Mayfield and a vice president of the Pennsylvania State Mayors' Association.

In Macungie, a town of 3,000 about 55 miles north of Philadelphia, Hoffman's clash with the police department began soon after he took office in January of 2010.

Hoffman said many residents told him they had been mistreated by borough police.

"When I started to run, I told people I would look into these accusations," Hoffman said. "As soon as I opened my mouth, (the police department) shut the door."

Hoffman, a welder who worked for nearly three decades at now-defunct Bethlehem Steel, said he has no interest in running the police department, but needs to be able to examine investigative reports and other records if he's to exercise oversight.

"If I have no right to look at any records, then I have no oversight. Can you imagine trying to run a company without access to the records? You couldn't do it," said Hoffman, 58. "It's checks and balances. Everybody's accountable to somebody, and that's the way it's got to work."

Police Chief Edward Harry Jr., who has nearly four decades of law enforcement experience and formerly led the Hazleton city police department, said he has never had a problem with civilian oversight. But he contends that Hoffman is trying to exert day-to-day operational control in an age when police departments are more professionalized than ever before and the training is more rigorous and specialized.

As an example of what he views as Hoffman's meddling, he cited a directive from the mayor that officers enter Macungie's two banks at least once a shift. Harry said it was an impractical demand.

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