The President of the Falls Township Police Union has “had enough” and he’s taken the unusual step of filing a private criminal complaint alleging the Falls Township Board of Supervisors – Jeff Dence, Jeff Boraski, Brian Galloway, Erin Mullen, and John Palmer – and solicitor Michael Clarke for violating the Pennsylvania Sunshine Act.
Police Association President George Thomas filed the complaint at the Falls Twp District last week. Lower Bucks Source obtained a copy of the complaint Monday morning followed by a just under 30 minute phone conversation last night with Thomas.
Thomas, in his complaint says the township violated the state law by creating a human resources position for former Tullytown Borough police Chief Daniel Doyle. The Bucks County Courier Times on September 23, published a story on the potential Sunshine Act violation (s).
Thomas’ complaint says Doyle started working for Falls before the supervisors voted on the creation of the position at a public meeting. Doyle, he said started his job on September 18. The Board of Supervisors didn’t approve the former police chiefs hiring until the September 25 meeting.
Credit: Submitted
“The board voted to ratify this hiring after knowingly violating the Pennsylvania Sunshine Act,” Thomas says in the tersely worded complaint.
Thomas also alleges Falls hired Ken Geyer Real Estate Auctioneers on September 21 to auction old and unused equipment from the municipal complex ahead of renovation without voting on the move until the September 25 meeting. The auction was held prior to the vote.
Am Image of the complaint filed by George Thomas
Credit: Lower Bucks Source
The Pennsylvania Sunshine Act requires government entities to make meetings open and transparent to the public and media. It is differs from Pennsylvania’s Open Record (AKA Right-to-Know) Laws in that one deals (Sunshine) specifically organized public forums and the other deals with publicly held records (RTK).
“These actions are further examples of a course of conduct by the Falls Township Board of Supervisors, who have in the past, also voted in private executive sessions to terminate the employment of two Falls Township Police Department officers,” Thomas says in the criminal complaint.
Pennsylvania law allows for private citizens to file private criminal complaints through its Court system with certain restrictions which are detailed in Title 234 Pennsylvania Rules of Criminal Procedure (Pa. R. Crim. P) Rules 504 (Contents of Complaint) and Rule 506 (Approval for Private Complaints).
Neighboring Montgomery County spells out their process and according to the District Attorney’s office there is a unit dedicated to investigating such complaints. That doesn’t seem to be the in case Bucks County. Various keyword searches consistently located a PDF form for private complaints. There is no specialized unit dedicated to investigate private complaints.
Last month the Police Association President submitted an op-ed to this media publication citing other issues, namely the Boards willingness to poke its nose in police hiring practices.
Thomas said Monday night this wasn’t some pre Election Day stunt in hopes of impacting vote tallies.
“No it wasn’t,” he said “you have 30 days to file a complaint from the date of the incident. I filed the complaint on day 29.” Continuing “It’s really cut and dry, he said, the board needs to be held accountable for these action. I really hope citizens will get more involved because they’re operating in secrecy and it’s wrong!”
E-mail requests for comment to Township Manager Matt Takita and to the Bucks County District Attorney’s office went unanswered as of Tuesday morning.
The DA’s office would have to approve the charge (s) in order for Thomas’ complaint to move forward.
Bucks County Justice Center
Credit: Jeff Bohen, Lower Bucks Source