Bristol Borough Council approved a resolution adopting a revision of the police department’s internal affairs policy at last Monday night’s meeting although officials did not detail the specific reason (s) for the revision.
Before members voted Mayor Frank W. Peranteau Sr. read a statement into the record requesting Council to at least table the vote.
The Mayor’s statement in its entirety is italicized below:
This evening, I respectfully request that you consider tabling item #2 on the agenda, the Approval of the Resolution Adopting the Police Department’s Revised Internal Affairs Policy. Although there are other reasons for not moving forward on the resolution in its written form l will focus on two immediate concerns which I feel are of the up most importance to the taxpayers of Bristol Borough.
Upon receiving the agenda packet for tonight’s meeting, I contacted members of law enforcement with years of distinguished service who serve as heads of police departments of all sizes. I also spoke with an official with the Law Enforcement Accreditation Services organization. Their main function is to assist municipalities in preparing their police departments to become an accredited department in Pennsylvania. Along with these conversations I researched the criteria written in this revised policy before you that you are considering for adoption. I could not find any instances where a governing body such as council was even remotely involved in not only formulating an internal affairs policy or setting themselves up in a position where they control internal investigations. There is no authority to designate who will conduct the investigation. Nor did I find any documentation that a political entity such as borough council has the authority to review the investigation reports at any time they wish. Furthermore, there is no authority for council to designate a person to supervise the police department.
By adopting this resolution, you will be inserting politics into a process where there is no legal authority to do so. This policy is in direct violation of Pennsylvania Title 8 Boroughs and Incorporated towns also known as Borough Code. Section 1123.1 Mayor’s powers concerning the police, Subsection (a) General rule – states the mayor shall have full charge and control of the chief of police and the police force.
Subsection (b) Direction – states the mayor shall direct the time during which, the place where and the manner in which the chief of police and police force perform the duties of their rank. This policy could trigger a legal challenge to its legality if passed in this form, not only for its impropriety but more importantly the violation of the Borough Code. Council could be found liable and be subject to legal consequences not only as an officially elected body but also personally if the facts and evidence warrant it. More importantly the taxpayers would be forced to absorb the cost of any litigation arising from this matter.
The Borough recently approved the hiring of Patrick Harvey, a labor attorney from Campbell Durant, P.C. Harvey specializes in the areas of employment and municipal law. His hiring, sources told Lower Bucks Source, was specific to internal police labor matters and an investigation. Speculation exists about the foci of those matters, none of which has proven credible so far.
Borough Solicitor Jeff Garton outlined the discussion that took place in executive session, and, in very general terms, the reasoning for “revising” the internal affairs policy.
We talked about pending investigations related to police officers and we are not going to discuss it publicly because it’s a personnel-related matter. In addition, we talked about collective bargaining which is related to the police contract which is about to be signed, he said.
Peranteau declined to say whether or not he would seek legal action against the Borough administration.
Council approved the revised policy resolution unanimously.
The move by Council indicates something serious is going on behind the thick maple doors on the second floor of Borough Hall. What that is and why that is, no one will say, on the record; off the record; or on background.
In a related Bristol Borough Police employment matter, the municipality and the Police Benevolent Association have agreed in principle to a new five-contract. Bristol Borough PBA President Sgt. Chuck Palmer confirmed both sides came to the agreement recently. Palmer said the new deal will become official when Council votes to ratify the contract, in which details of the new deal will be made public.
Sargeant’s Pete Faight and Carlos Rivera will hit their 25 years of service mark in May. Both could retire, if they elect to do so, in June, opening up the possibility for the department to hire a full time police officer in the future. The last time Borough Police hired a full time police officer was in 2015.
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