Pennsylvania Chiefs of Police Association Bulletin Magazine

CONFERENCE

PREVIEW

ISSUE!

INSIDE THIS ISSUE:

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BULLETIN��

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IN THIS ISSUE

��Upcoming PCPA Training ................................................................................................................................8DOCVIEW .....................................................................................................................................................8PCPA 98th Annual Conference Section .............................................................................................13-18

Hotel and Conference Registration Form ...................................................................................................14 About the Conference ~ General Information ...................................................................................... 15-16 Ladies Letter ...............................................................................................................................................16 2011 Tentative Schedule .............................................................................................................................17 Proposed Bylaw Revisions ..........................................................................................................................17 Chiefs Challenge ........................................................................................................................................18 Beginning the Blaze: A Welcome Back Celebration ....................................................................................18Pennsylvania Virtual Training Network (PAVTN) Update ..............................................................................20New PCPA Website ........................................................................................................................................20Upcoming PCPA Events ................................................................................................................................21TECH MANDATES | EXIF-Exchangeable Image Format: An Image’s DNA ................................................22Technology Update ........................................................................................................................................23PCPA Membership Products .................................................................................................................... 24-25Diversion Subcommittee ................................................................................................................................26The Supreme Court Considers the Privacy Rights of a Public Employee’s Communications on an Electronic Device Provided by the Public Employer .............................................................................28Pennsylvania’s Missing Endangered Person Advisory System (MEPAS) ...........................................................29Statement of Ownership .................................................................................................................................30PCPA Membership Registration Form ...........................................................................................................31

��,�� Officers & Committees ....................................................................................................................................4President’s Message ...........................................................................................................................................5Executive Director’s Message ............................................................................................................................6Memberships & Memorials ..............................................................................................................................7The Chiefs’ Legal Update .................................................................................................................................9Legislative Report ....................................................................................................................................... 9-12PA Patch Pride ...............................................................................................................................................19

��Amy Rosenberry [email protected] Armstrong [email protected] Crist [email protected] Braun [email protected] Miller [email protected] Blackburn [email protected] Sullivan [email protected] Campbell [email protected] McKibben [email protected] Gibson [email protected]

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. The content of the PCPA BULLETIN is to be a practical reference featuring information of specific interest and relevance to law enforcement professionals. Topics of interest include professional development, current legislative and goals, news items, upcoming events and legal issues. Reviews, reports and articles are submitted by members, experts and other interested law enforcement personnel. 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 [email protected].

ON THE COVER:CONVENTION

PA CHIEFS OF POLICE ASSOCIATION ��

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The Association is a professional organization of chiefs of police and other executives of police, public safety and private law enforcement organizations across the Commonwealth of Pennsylvania. The Association provides a vehicle through which members can come together, examine their positions on issues, and address the needs of their colleagues.

The values that guide the Association’s working decisions are central to its mission. These values include accountability, continuous improvement, diversity, education and training, human life, innovation, the laws and Constitution of the Commonwealth of Pennsylvania, problem-solving, compassion, cooperation, excellence, fairness, inclusion, integrity, personal autonomy, and professionalism. When put into practice, these values help the Association contribute to the quality of life across the state.

The Association’s values are characteristics of qualities of work. Although the membership of the Association may need to balance these values from time to time on both an individual and collective basis, the Association will never ignore these values for the sake of expediency or personal preference. The Association holds these values constantly before it to teach and remind the Association’s membership, and the communities which those members serve, of the Association’s ideals. These values are the cornerstone upon which the Association is founded.

In fulfilling its mission, the Association needs the support of the residents and elected officials of the Commonwealth of Pennsylvania and the Association’s staff in order to provide the quality of service which the Association’s values commit it to providing.

The Association seeks to serve and protect all residents of the Commonwealth of Pennsylvania; as such, the Association aims to earn and maintain the unqualified respect of all residents. The Association’s members aim to be respected leaders in their communities, throughout the Commonwealth of Pennsylvania, throughout the United States of America, and internationally.

With these aims in mind, the Association promotes the professional and personal development of its members through innovative services, training, peer counseling and comradeship. The Association makes a positive impact on the quality of life in the communities which its members serve through pro-active leadership in the following: community partnerships, ethics and integrity, knowledge and information dissemination, promoting legislation which advances the mission of the Association before the United States Congress and the Pennsylvania General Assembly, media relations, professional standards, vision, and innovative change.

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OFFICERSDaniel Kortan, Jr.President

Thomas DiMaria1st Vice President

John Mackey2nd Vice President

Thomas King3rd Vice President

William Kelly4th Vice President

William Richendrfer

Gary Anderson

BOARD MEMBERSJoseph Daly - 2013

Keith Keiper - 2013

Harold Lane - 2013

Scott Bohn - 2012

Darryl Albright - 2011

Richard Hammon - 2011

William Grover - 2012

Harry Lewis - 2011

David Mettin - 2012

David Spotts - 2012

Amy Rosenberry

BUDGET & PERSONNELChair:Daniel Kortan, Jr.

Members:

EDUCATION & TRAININGCo-Chairs:

Members:

LEGISLATIVEChair:

Members:

MEMBERSHIP/BYLAWSChair:Gary Anderson

Members:

RETIRED CHIEFSChair:

Members:

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s I write this message it is time to start thinking Education & Training Conference again. It seems like only yesterday we were gathered in Lancaster for our annual conference and things

were just ramping up for me. Now as I look back on the past year I wonder where the time has gone.

Hopefully, my year as president will be remembered by our Association for some positive accomplishments. We have made tremendous progress with our On Line Training program and it is my belief that it will continue after the pilot testing period and will someday be the “Model for the Nation” among all the distance education products that are out there. We are extremely proud

of what has been done so far and expect great things to come regarding this all important aspect of delivering valuable, timely and topical training to all police officers in the Commonwealth. Please keep checking our E-Newsletters, the Bulletins and of course, your email for more information on this project and how you can participate.

Our Legislative Committee continues to track, endorse and recommend numerous proposed bills which are important to law enforcement as they make their way through the legislative process. Several important proposed bills were introduced last session but did not make it through the process. We expect them to be reintroduced again this session in some form. The expansion of the Castle Doctrine, registration of homeless sex offenders, amendments to the RTK Law, etc. are on the fast-track for this session. We also hope to see activity on reintroduction of the Chief ’s Bill, Radar legislation, and potential changes to MPOETC training.

Another accomplishment this year is our continued move toward going “Green” or going “High Tech”, however you want to spin it. We have made major changes to our web site and on-line presence, started our bi-weekly E-Newsletters and we have included the option to receive your “Bulletin” magazine electronically now. If you have not recently done so, you should visit our site at www.pachiefs.org so that you can plug in to what’s going on in your Association and make sure your information is up to date. If we do not have a current email address for you, you could be missing out on valuable news and information.

CONFERENCE, CONFERENCE, CONFERENCE - We have an excellent conference planned for this year. Your Training and Education Committee along with Headquarters Staff have created a very full and exciting conference agenda which includes training by some of the top names in Law Enforcement including the ever popular Gordon Graham series. There will be a new and improved Chiefs Challenge, we’ve added a Chiefs Golf Outing on Sunday and there are lots of other surprises. Chief Tom DiMaria is the incoming president and I know from serving with Tom all our years together on the Executive Board that he is charged up and ready to hit the ground running when his year begins. I hope you will join me in welcoming Tom to his new post and kicking off his presidency in style.

In closing, I would like to thank all those who work so tirelessly for our Association: the Headquarters Staff, our Grants Division Employees, the Executive Board, all of our Committee Chairs and Committee members, our Ladies Committee as well as all the formal and informal volunteers who help both at the conference and throughout the year.

Please get your conference registration in and I look forward to seeing everyone in Lancaster.

Warmest Regards,

Daniel J. Kortan, Jr.President

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AGREETINGS,



reetings from PCPA Headquarters! As we become accustomed to several new technologies and communication mediums to inform our members with, information

overload has become a big concern here at your Association. We certainly want to make sure you have all of the information you need but we also don’t want to become junk mail! We hope the new biweekly e-newsletters are of interest and importance to you and encourage you to visit our webpage regularly for more tools to assist you in your law enforcement career. One useful tool now available is the Discussion Board feature of our website which allows members to share information and ideas. In this magazine, you’ll find details on using this

and other features as well as how to receive the updates you want on a regular basis. We hope you’ll take the time to read through and find out more about using the resources available to you as a member.

Other articles and updates of interest in this magazine include the status of the Virtual Training Network, Legislative Initiatives, and special service offerings for members such as DocView and of course our own Consulting, Testing and Accreditation services!

We continually strive to provide you with quality services and resources and take great pride in everything we do. But – taking pride in whom we are and what we do does not mean that we can sit back and rest on our laurels. As an organization, we are continually evaluating and re-evaluating what we do, how we do those things, and why we do them. We are also continually scanning the environment within which our members work to ensure that we are responsive to your needs and expectations. We are interested in your views, ideas and thoughts about what else you need from your organization. Call, write, fax, e-mail, or stop by and give us your thoughts. This is your organization; help us make it work better for you. We always welcome your comments, questions, participation, and support.

Finally, and of course most importantly....it’s Conference Time! The conference is the greatest opportunity we provide to our membership throughout the year and we encourage you to take advantage of it! Register today either online or using the form provided in this magazine. Excellent training, important information and key resources are packed into a fun-filled event, not to mention the networking with colleagues from across the Commonwealth and chance to provide input in to the direction of your Association’s activities...it is truly an event you don’t want to miss out on! You will find plenty of conference information in this magazine including proposed amendments to the Association’s Bylaws. As always, if you have questions, please do not hesitate to call. We look forward to seeing all of you in July!

All my best,

Amy K. RosenberryExecutive Director

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In MemoriamWe mourn the loss of the following members of the

Pennsylvania Chiefs of Police Association family.

We extend our prayers and deepest sympathies to their loved

ones and remain grateful for the lives of:

� �� *�� - *Retired Chief of Police, West Rockhill Township

� ��*�� Retired Chief of Police, Emmaus Borough

��*�� Retired Chief of Police, Norwood Borough

� ��*�� Former Chief of Police, Philadelphia & Reading

��-*�� Retired Chief of Police, Newport Township

�� -*��Former First Deputy Commissioner, Philadelphia

��*��Retired Chief of Police, Brentwood Borough

-��*�� Former Supt. of Police, Pittsburgh

��-*�� Retired Law Enforcement Coordination Mgr., US Attorney’s Office

ACTIVE MEMBERSHIP APPLICATIONS

Chief Darren Alston - Chester City

Deputy Chief Scott Bendig - Montgomery Twp

Chief Rufus Brenneman - Huntingdon Borough

Chief Jeffrey DeSimone - Homestead Borough

Captain Robert Hughes Jr .- Wilkes-Barre PD

Chief Edward Krancic Jr. - Wilkins Township

Captain Richard Manko - Sewickley Borough

Lieutenant Michael McLaughlin - Upper Allen Twp

Lieutenant John Michniewicz - Middletown Twp

Captain Keith Morris - Allentown City

Captain Charles Schmidt - Lancaster City

Captain Kent Switzer - Lancaster City

Chief Bryan Washowich - McKeesport City

Chief Julius Canale II - Coatesville City

Chief Sean Kapfhammer - Carroll Township

Lieutenant Stephen Mowery - Penbrook PD

Lieutenant Gregory Stone - West Goshen Township

AFFILIATE MEMBERSHIP APPLICATIONS

Sergeant John Clawson - Chambersburg Borough



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MARCELLUS SHALE LAW ENFORCEMENT CONFERENCEHosted By: The U.S. Department of JusticeDates: May 24-25, 2011Times: The conference begins at 8:30 AM and runs until

4:30 PM and continues on May 25, 2011 from 8:30 AM - 12:00 NOON

Location: Ramada Conference Center at State College, 1450 South Atherton Street, State College, PA 16801

Cost: Registration is FREE. Please register before May 18, 2011 by visiting the PCPA Website Training Calendar.

FST IN SPANISHDate: June 7, 2011Time: 8 AM – 4 PMLocation: PCPA Headquarters 3905 N. Front Street Harrisburg, PA 17110Cost: $100 per student, includes all class materials,

Audio CD, and laminated resources Former Police Chief, John Rife, has developed a condensed 1-day course enabling officers to satisfactorily perform Field Sobriety Tests in Spanish. Guaranteed! Attendees will learn a simple, yet comprehensive FST exercise. Students will participate in mock traffic stops the

last half of the day. As with all of Rife’s classes, students will not be required to learn lengthy and cumbersome sentences. All class materials are included in the $100 fee and students will keep the laminated reference (to be kept in their patrol car) as well as audio CD containing 2 legal elements of the FST in both Spanish and English. For questions about this course or to register an officer, please call Headquarters at (717) 236-1059 or email Ashley Crist at [email protected].

-��)'�)#��$'))PCPA ANNUAL EDUCATION & TRAINING CONFERENCELocation: Lancaster Host Resort Hotel Lancaster, PA Please visit www.pachiefs.org to view a full training schedule for the week as well as register yourself or officers from your department to attend.



The Chiefs’ Legal Update~~~PENNSYLVANIA SUPREME COURT~~~

Search & Seizure: Reasonable Suspicion – Motor Vehicle Code Violation, 75 Pa.C.S.A.

§ 4524(c) (Windshield Obstructions)

Commonwealth v. Holmes,___ A.3d ___, 2011 WL 590758 (Pa. 02-22-11)(Luzerne)

In this appeal by the Commonwealth, the Pennsylvania Supreme

Court affirmed suppression of evidence developed from a traffic

stop. The officer who performed the stop testified that he had

observed Holmes “traveling north on 315 with objects hanging

from the rearview mirror which were obstructing the driver’s view.”

This testimony was credited by the trial court, and the defendant’s

suppression motion was denied. Holmes was then convicted of

drug and weapons charges, and sentenced to 5-10 years. In an un-

published memorandum opinion, a divided Superior Court panel

reversed. The panel majority found that “there [was] no descrip-

tion of the size of the object, [or] testimony as to what the object

was.”

Thus, the majority decided that the officer did not have reason-

able suspicion to stop Holmes’ vehicle.

The Commonwealth petitioned for review. Essentially, the issue

was whether the Superior Court erred by finding that the officer

did not have reasonable suspicion of a violation of Section 4524(c)

(Windshield obstructions and wipers). In affirming the Superior

Court, Justice Todd pointed to the lack of specific description of

the object which the officer originally saw. Joined by Justices Baer

and Orie Melvin, she declared that a person does not violate sec-

tion 4524(c) merely by hanging an object from a rearview mirror.

In order to stop a car for this violation, the officer must suspect

that the object materially obstructs the driver’s view. In this con-

text, Justice Todd reasoned that the officer’s conclusory testimony,

and nothing else, was insufficient to support a finding of reasonable

suspicion. She emphasized that the object was not introduced into

evidence, and there was no description of it placed on the record at

the suppression hearing.

Justices Saylor and Castille concurred in the result. Justice Saylor

wrote separately to emphasize that certain traffic stops may be

authorized upon an officer’s conclusory observations “where the

alleged traffic offense does not contain a subjective component.”

Justices Eakin and McCaffery dissented, asserting that the officer’s

observations provided reasonable suspicion to stop the car and

make a further determination of whether the driver’s vision was

“materially” obstructed. Once the traffic stop unfolded into a drug

and weapon investigation, Justice Eakin opined that it was “no

wonder” that the original traffic offense “fell by the wayside.” Opinion by: Todd, J.; joined by: Baer and Orie Melvin, JJ. Concurring opinion:

Saylor, J.; joined by: Castille, C.J. Dissenting opinion by: Eakin, J.; joined by: Mc-

Caffery, J.

Editor’s Note: The preceding summary was prepared by Max P. Little, Esq., PDAA’s Traffic Safety Resource Prosecutor (TSRP), who adds that: “None of the opinions filed in this case discuss the distinction between “investigatable” and “non-investigatable” Vehicle Code offenses. All Justices agreed that the proper standard for reviewing this stop was reasonable suspicion.”

LEGISLATIVE REPORT The 11R PA Legislative Session began in January. While no legislation has made it to the governor’s desk for consideration by the time

this report was prepared, proposed legislation addressing issues such as the expansion of the Castle Doctrine, registration of homeless sex

offenders and amendments to the Right To Know Law are moving. Since January, approximately 900 Bills have been introduced in the

Senate and approximately 1200 have been introduced in the House. PCPA is actively monitoring and tracking proposed legislation related

to law enforcement and provides members with access to current information concerning bills of special interest via the PCPA Bills To

Watch Page of the PCPA Website. The PCPA Bills To Watch Page is updated on a daily basis. Members are encouraged to contact PCPA

Headquarters with specific questions about legislation or if you need assistance accessing the PCPA Bills To Watch Page.

What follows is a short list of law enforcement related bills of interest that have had been introduced in the House and/or Senate thus far

this Legislative Session:

House Bill 40 (House Version of Castle Doctrine Expansion)

Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary) further

providing for use of force in self-protection, protection of other

persons, grading of theft offenses & for licenses to carry firearms;

& providing for civil immunity.

Summary: (PN 1038) Amends Titles 18 (Crimes and Offenses)

and 42 (Judiciary and Judicial Procedure), in general principles of

justification, in Title 42 to have deadly force be justified even if the

person does not comply with demands from one who is threatening

them. Conditions are given for when a reasonable belief that

deadly force is required to protect oneself. Also, conditions when

this belief is not reasonable are provided. Limitations are placed

upon the duty to retreat before deadly forced is used and certain

presumptions are allowed to be made about a person entering

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a home or vehicle by force. The ability of public officers to use

deadly force in the performance of their duties is provided. In Title

18, the use of deadly force in the protection of a third person is

provided for and a person protecting a third person does not need

to retreat beyond where the third person is required to retreat.

Theft constituting a felony of the first degree is provided for and

the definition of “loaded” added. Civil immunity for the use of

force is provided for. This bill is colloquially known as the Castle

Doctrine expansion bill. (Prior Printer Number: 263) HB 40 - (PN

263) Amends Titles 18 (Crimes & Offenses) and 42 (Judiciary)

further providing for use of force in self-protection, protection of

other persons, grading of theft offenses and for licenses to carry

firearms; providing for civil immunity.

Bill History: 03-09-11 H Second consideration

03-09-11 H Over in House

03-09-11 H Rereferred to House Appropriations

House Bill 68

Amends Titles 18 (Crimes & Offenses) & 42 (Judiciary),

in falsification & intimidation, further providing for failure to

comply with registration of sexual offenders requirements; further

providing for victim notification & PA State Police.


and 42 (Judiciary). In Title 18, the bill provides for sex offender

registration for transients and outlines when a transient has

committed a violation for failing to register. Grading of this

offense is provided and information that must be disclosed to law

enforcement by the transient before bail can be set is detailed. In

Title 42, additions are made to who must register for ten years as a

sex offender and who must register for lifetime. Failure to maintain

a residence does not relieve an offender of the duty to register. If

a person does not have a residence, he must register as a transient.

The transient-offender must inform the State Police within

48 hours of the establishment of a residence. A transient must

register with a new law enforcement agency if he moves to another

state, but fails to maintain a residence. The need and frequency

of transient registration is provided. The registration period for

transients shall be 30 days. If a transient fails to register, he is

subject to arrest and registration. Also provides that it shall be an

offense to knowingly fail to appear to court mandated counseling.

Grading for failure to comply with certain ten year registration

requirements is provided. (Prior Printer Number: 31) HB 68 - (PN

31) Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary). In

Title 18, the bill provides for sex offender registration for transients

and outlines when a transient has committed a violation for failing

to register. Grading of this offense is provided and information that

must be disclosed to law enforcement by the transient before bail

can be set is detailed. In Title 42, additions are made to who must

register for ten years as a sex offender and who must register for

lifetime. Failure to maintain a residence does not relieve an offender

of the duty to register. If a person does not have a residence, he

must register as a transient. The transient-offender must inform the

State Police within 48 hours of the establishment of a residence.

A transient must register with a new law enforcement agency if he

moves to another state, but fails to maintain a residence. The need

and frequency of transient registration is provided. The registration

period for transients shall be 30 days. If a transient fails to register,

he is subject to arrest and registration.

Bill History: 02-09-11 H Third consideration

02-09-11 H Final Passage (Vote: Y:198/N: 0)

02-14-11 S Received in the Senate and referred

to Senate Judiciary

House Bill 529

Amends Title 18 (Crimes & Offenses) defining the offense

of false caller identification information display; and imposing

penalties.

Summary: (PN 496) Amends Title 18 (Crimes & Offenses)

defining the offense of false caller identification information

display; and imposing penalties. The offense is graded as a third

degree misdemeanor for the first offense, and second degree

misdemeanor for subsequent offenses.

Bill History: 03-01-11 H First consideration

03-01-11 H Laid on the table

04-04-11 H Set on the Tabled Calendar

House Bill 567 (synthetic cocaine)

Amends The Controlled Substance, Drug, Device and Cosmetic

Act further providing for schedules of controlled substances.

Summary: (PN 544) Amends The Controlled Substance,

Drug, Device and Cosmetic Act adding as schedule I controlled

substances any material, compound, mixture, or preparation

which contains any quantity possible within the specific

chemical designation 3,4-Methylenedioxymethcathinone

(Methylone); 3,4-Methyenedioxypyrovalerone (MDPV);

4-Methylmethcathinone (Mephedrone); 4-Methoxymethcathinone.

4-Fluoromethcathinone; and 3-Fluoromethcathinone.

Bill History: 02-15-11 H First consideration

02-15-11 H Laid on the table

04-04-11 H Set on the Tabled Calendar

House Bill 933 (Chiefs Bill)

Amends the act extending benefits to police chiefs or heads

of police departments of political subdivisions who have been

removed from bargaining units by the PA Labor Relations Board

further providing for salary of nonunion police officers.



Summary: (PN 1002) Amends the act entitled “An act extending

benefits to police chiefs or heads of police departments of political

subdivisions of the Commonwealth who have been removed

from bargaining units by the Pennsylvania Labor Relations

Board” further providing for salary of nonunion police officers

by stating that except in cities of the first and second class, the

chief, superintendent or commissioner of police and other ranking

officers in a political subdivision of the Commonwealth who are

not members of bargaining units under the Policemen and Firemen

Collective Bargaining Act, shall receive not less than the same

dollar increase including fringe benefits excluding overtime and

festive holiday pay as received by the highest ranking police officer

participating in the bargaining unit. “Bargaining unit” is defined as

a collective bargaining unit as provided under the Policemen and

Firemen Collective Bargaining Act.

Bill History: 03-04-11 H Filed

03-04-11 H Introduced and referred to

committee on House Labor and Industry

House Bill 1041 ( Radar and Accreditation Funding)

Amends Title 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.

Summary: (PN 1128) Amends Title 42 (Judiciary) & 75 (Vehicles)

establishing the Municipal Law Enforcement Accreditation Fund

from funds collected from speeding violations; providing the

Pennsylvania Commission on Crime and Delinquency to create

and maintain a grant program to distribute funds to nonprofits

that administer and operate law enforcement accreditation

programs; expanding the use of radio-microwave speed timing

devices to full-time police officers employed by the full-service

police department who have completed a training course approved

by the Pennsylvania State Police and the Municipal Police Officers’

Education and Training Commission.

Bill History: 03-14-11 H Filed

03-14-11 H Introduced and referred to

committee on House Transportation

Senate Bill 237

Amends Title 42 (Judiciary), in budget and finance, further

providing for Commonwealth portion of fines.

Summary: (PN 722) Amends Title 42 (Judiciary and Judicial

Procedure) in budget and finance, stipulating that when

prosecution under any other provision of Title 75 (Vehicles) is

the result of State Police action, but occurs in a municipality

that has a population of not more than 3,000 or that provides

at least 40 hours per week of local police services, that

municipality may receive certain revenue. Revenue that is not

paid to municipalities under this clause shall be transferred to

the Pennsylvania State Police for cadet classes. When prosecution

under any other provision of Title 75 is the result of State Police

action on an interstate highway all fines, forfeited recognizances

and other forfeitures imposed, lost or forfeited shall be payable

to the Commonwealth, for credit to the Motor License Fund.

(Prior Printer Number: 216) SB 237 - (PN 216) Amends Title

42 (Judiciary and Judicial Procedure) in budget and finance,

stipulating only municipalities that provide at least 40 hours

per week of local police services through a municipal police

department, participation in a regional police department, or

contracts with other municipal or regional police for police

services may receive certain revenue. Money not expended shall

be transferred to the Pennsylvania State Police for Cadet Training.

Fines paid shall be disbursed to the commonwealth for credit to the

Motor License Fund.

Bill History: 03-01-11 S Reported as amended Senate

Transportation

03-01-11 S First consideration

04-05-11 S Set on the Senate Calendar

Senate Bill 247

Amends the Right-to-Know Law further providing for

definitions; for PA Interscholastic Athletic Association; for access,

requests, record, public record exceptions, for agency response &

filings, & for the Office of Open Records.

Summary: (PN 229) Amends the Right-to-Know Law further

providing for definitions; excluding from the definition of

state-affiliated entity any court or other officer or agency of the

unified judicial system, the General Assembly and its officers and

agencies, any state-related institution, political subdivision or any

local, regional, or metropolitan transportation authority; adding

Pennsylvania Interscholastic Athletic Association to the scope of

the act; and further providing for access adding that access may be

provided at a reasonable time if the request is voluminous or from

a remote location, for written requests, for transcripts by stating

nothing requires an agency to transcribe a proceeding solely for the

purpose of responding to a request, excepting bank and credit card

numbers, for agency response in general by adding certain timelines

for response, for extension of time, for filing of appeal, for appeals

officers, stating an agency may require prepayment if the fees are

expected to exceed $50, providing the Office of Open Records

shall have standing and may participate as a party in an appeal of a

decision of the office.

Bill History: 01-26-11 S Introduced and referred to

committee on Senate State Government

03-08-11 S Hearing set for 9:30 a.m.,

Hearing Room 1, ...Senate State Government

03-08-11 S Public hearing held in committee

Senate State Government

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Senate Bill 273 (Senate Version of Castle Doctrine Expansion)

Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary

and Judicial Procedure), in general principles of justification, for

definitions, use of force in self-protection, for grading of theft &

firearms licenses; & for civil immunity.


and 42 (Judiciary and Judicial Procedure), in general principles of

justification, in Title 42 to have deadly force be justified even if the

person does not comply with demands from one who is threatening

them. Conditions are given for when a reasonable belief that

deadly force is required to protect oneself. Also, conditions when

this belief is not reasonable are provided. Limitations are placed

upon the duty to retreat before deadly forced is used and certain

presumptions are allowed to be made about a person entering a

home or vehicle by force. The ability of public officers to use deadly

force in the performance of their duties is provided. In Title 18, the

use of deadly force in the protection of a third person is provided

for and a person protecting a third person does not need to

retreat beyond where the third person is required to retreat. Theft

constituting a felony of the first degree is provided for and the

definition of “loaded” added. Civil immunity for the use of force is

provided for. This bill is colloquially known as the Castle Doctrine

expansion bill. (Prior Printer Number: 271) SB 273 - (PN 271)

Amends Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure), in general principles of justification, in Title 42

to have deadly force be justified even if the person does not comply

with demands from one who is threatening them. Conditions are

given for when a reasonable belief that deadly force is required to

protect oneself. Also, conditions when this belief is not reasonable

are provided. Limitations are placed upon the duty to retreat before

deadly forced is used and certain presumptions are allowed to be

made about a person entering a home or vehicle by force. The

ability of public officers to use deadly force in the performance of

their duties is provided. In Title 18, the use of deadly force in the

protection of a third person is provided for and a person protecting

a third person does not need to retreat beyond where the third

person is required to retreat. Theft constituting a felony of the first

degree is provided for and the definition of “loaded” added. Civil

immunity for the use of force is provided for.

Bill History: 03-08-11 S Third consideration

03-08-11 S Final Passage (Vote: Y: 43/N: 4)

03-09-11 H Received in the House and referred

to House Judiciary

Senate Bill 526 (Radar Bill)

Amends Title 75 (Vehicles), in licensing of drivers, further

providing for schedule of convictions and points; in rules of the

road in general, further providing for speed timing devices; and

further providing for State and local powers.

Summary: (PN 533) Amends Title 75 (Vehicles) adding that if

a speeding offense is charged as a result of use of a speed timing

devices, no points shall be assigned unless the speed recorded

is ten or more miles per hour in excess of the legal speed limit.

The legislation also authorizes the use of electronic speed meters

or radar or LIDAR by full-time police officers employed by the

full-service police department of a political subdivision or regional

police department situate in a county of the first class, second class,

second class A or third class if official warning signs indicating the

use of these devices are erected within 500 feet of the border of the

political subdivision on the main arteries entering that political

subdivision. The bill provides for testing of such devices.

Bill History: 02-14-11 S Filed

02-14-11 S Introduced and referred to

committee on Senate Transportation

�� .

Please take a moment to visit http://www.pachiefs.org, go

to the Membership Directory, and update your personal

information in the system, especially your email address.

Increasingly, the PA Chiefs of Police Association

uses electronic methods to keep our membership

up-to-date and informed.

Your accurate information will allow us to better serve you!

Thank you!

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PA CHIEFS OF POLICE ASSOCIATION Blazing a Trail: A New Frontier in Leadership

-��)'�)#��$'))�� www.pachiefs.org

The Pennsylvania Chiefs of Police Association has long had a

reputation for providing top-notch education on the most pressing

law enforcement topics. That is why we want you to attend the

98th Annual Education and Training Conference and Exposition

in Lancaster, PA from July 10-14, 2011. With renowned keynote

speakers, forums and technical workshops, and a packed exhibit

hall full of products and services for the law enforcement

community, this must attend event will fill up fast! Please complete

the registration form found in this issue of The Bulletin, or visit

www.pachiefs.org to register online today!

��Registration and Exhibits are the main focus throughout your

arrival day at the Lancaster Host! You can begin registration as early

as 12:00 PM, and we’ll remain there until 5 PM. Check into your

room, grab a bite to eat in the hospitality room and head to the

exhibit hall to get your chances to win prizes throughout your stay.

We will have information about upcoming events ready for you

as well as ID badges for all registered attendees. PCPA is happy to

bring back “The Daily Bullet” this year as well. This flyer is placed

under your door each morning detailing the day’s coming events

as well as a recap of the day before. Check it out before you head

off to your next event; you never know whose picture might end

up in there! We’ll also be displaying a full schedule of events at the

Registration Desk so you’re sure to follow us as we “Blaze New

Trails” throughout the week!

�� Why wait until the exhibit hall opens to get the fun underway on

Sunday? While waiting for registration and check-in, we challenge

attendees to come Golfing with the Chiefs on the Lancaster Host

Golf Course! Both attendees and exhibitors can get their conference

underway with some friendly competition on the beautiful 18-hole

golf course. Complete with beverages, prizes and networking on

the green, this will be a great way to relax before a packed week of

training and events. Register your team today!

��It is required that you and your guests wear an Identification Badge

for all Conference functions. The ID Badge will distinguish your

chosen meal plan, and it’s your ticket into all Conference seminars,

business meetings, exhibit hall and the hospitality room. This

is very important and your cooperation is greatly appreciated to

ensure a smoothly run Conference for everyone.

��The Exhibit Hall will house the vendor and membership booths

on Sunday and Monday. Throughout the first 2 days of the

Conference, the Exhibitors are your source for raffle tickets towards

prize giveaways and this year’s Exhibit Hall Raffle with a chance

to win up to $500 (Member registrants ONLY). Beyond that, our

Exhibitors are the key to the best of all resources and offer a wide

range of companies, products and services, many of which have

been discounted specifically for this event! A welcome cocktail

reception will be held Sunday evening, and both a morning coffee

break and lunch buffet will be held in the Exhibit Hall on Monday.

What more could you ask for?

�� Back again this year! Monday Only! In the Exhibit Hall on

Monday, Exhibitors will be giving away raffle tickets when you visit

their booths. Each Exhibitor will get 20 chances to give out at their

discretion. We’ll be holding 3 drawings in the Exhibit Hall. These

drawings could happen at any time throughout the day and here’s

the tricky part, you MUST be PRESENT to win! Two (2) winners

will win $250 each and one (1) lucky grand prize winner will walk

out with $500 in their pockets! While you’re checking out the

incredible new technology, educational opportunities and so much

more, take a chance at winning!

�� On Sunday evening, as our attendees and exhibitors are getting

settled in for this year’s Conference, PCPA will host a “Welcome

Back” celebration in Dinzeo’s hospitality room! Don’t miss the

chance to get your conference week started off right by joining

us for food and great entertainment from comedic and musical

performer, John Bressler! Dinner begins immediately following

the close of the Exhibit Hall on Sunday at 6 PM. Come enjoy a

delicious buffet while catching up with attendees you haven’t seen

in a while and welcoming those who are joining us for the first

time!

�� Feeling Lucky? The Conference raffle drawings will be held during

the Business Sessions. Just like in the Exhibit Hall, another two (2)

members will each win $250, with one lucky winner walking out

with $500! Here’s how to get as many chances as you can:

- One chance just for registering for the 98th Annual

Conference!

- One chance for recommending a new member who has never

attended the conference before. Call your neighboring Chief

and get them to come! Just give Headquarters staff a call to let

them know you’ve recommended someone (717) 236-1059!

- One chance if this is your first Conference. Welcome! We’re

glad you registered!

- One chance if you register before May 15th.

- One chance if you haven’t been to a Conference in at least 5

years. Welcome back!

Deposit your chances at the Registration Desk or as you enter the

business sessions. YOU MUST BE PRESENT TO WIN!

��It’s time to switch things up and add even more excitement to

the Annual Chiefs Challenge! Join us out by the pool on Monday

evening for a whole series of events that will give all new bragging

ABOUT THE CONFERENCE ~ GENERAL INFORMATION

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PA CHIEFS OF POLICE ASSOCIATION &012��,��


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rights to the region that wins. Along with a buffet dinner outside,

we’ll be having an obstacle course that will pit Chiefs against Chiefs

as they tag team through various contests that will not only be fun

to watch, but are sure to have spectators cheering! Don’t miss the

competition’s surprise finale where each region will either “sink or

swim” to victory! Start assembling your teams now and Take the

Challenge!

Dear Ladies, The Ladies Committee would like to invite all of our wives and

“significant others” to the upcoming 2011 PCPA Conference! The

Conference runs from Sunday, July 10th through Thursday, July

14th and will be held at the Lancaster Host Resort and Conference

Center in beautiful Lancaster County.

Enjoy swimming, golf, tennis, volleyball, walking trails, an

array of shopping and spa services in the area, Amish tours and

sightseeing as well as the all around gorgeous countryside. For

those of you who haven’t attended and had the opportunity to

experience the Conference activities, or if you just haven’t joined

us in a while, we’d love to see you in Lancaster! And for our

“regulars”, we can’t wait to catch up again this year!

Each year we work to improve upon the previous years’

activities, capitalizing on those events for which we’ve received

positive feedback, as well as searching for new and exciting ideas to

incorporate into the ladies’ schedule. We encourage you to reach

out with your ideas and let us know what you’d like to experience

during your week-long stay in Lancaster.

Among the activities we’re bringing back in 2011, the Ladies’

Marketplace will be your one stop shop for vendors catering to

the ladies attending, bringing their best displays of jewelry, décor,

handbags, crafts and food under the poolside tent. The men don’t

get to have all the fun with this year’s Chiefs Challenge activities;

bring your pom-poms and get ready to join the ladies as we cheer

our regions to victory!

The largest event for our committee is the ever popular Ladies

Luncheon featuring great food and the Chinese Auction packed

with a huge variety of prizes to take home! Summer drinks by the

pool is also back, so come to the courtyard to take in a mixology

lesson, sip on some of your favorite cocktails and cool down

poolside with other attendees.

If you’re a Chief reading this, make sure you bring a magazine

home and let your spouse or significant other know what’s in store

this year! If you or your guest attendees have any questions about

the conference or ladies activities scheduled for this year, please

feel free to contact PCPA Headquarters @ 717-236-1059. Keep

checking your email alerts and your Bulletin magazines for more

details on all of the events and a full schedule with dates and times

for each.

Make those reservations now and we look forward to seeing all

of you this July!

Sincerely,

PCPA Ladies Committee

� ��"�� Incoming President Thomas DiMaria and his first lady Janet

welcome everyone with a boot scootin’ good time! Country at

heart, they’ve decided to throw a good old fashioned Hoe Down

with a Wild West-inspired dinner and live entertainment from

American Posse. A mix of county and variety music, this PA party

band is sure to get those spurs jingling on the dance floor during

the Tuesday night reception from 6 to 11 PM at Dinzeo’s Saloon. A

special surprise will have some attendees holdin’ onto their horses

to keep from being bucked off!

&0��4��Wednesday night is our crowning glory, and this is the time to

honor our traditions and look toward our future. This evening of

distinction is a time to reflect on our rich history and the leaders

who have brought us to this time of great success. It is also a

night when current achievements are acknowledged, including

those departments who have achieved accredited status. We will

gratefully acknowledge our President, Chief Daniel Kortan, Jr., for

his dedication over the past year. As he transitions to the Chairman

of the Board he will pass the presidential gavel in a ceremony full

of pomp and circumstance which also installs our new officers

and PCPA’s new President, Thomas DiMaria. Dress to impress

and stick around immediately following dinner for a night of

entertainment right there in the banquet room!

�� 5��6��"�Got Dinzeo’s? We do! Dinzeo’s after dark is where adults enjoy

stellar entertainment and camaraderie Sunday through Tuesday

nights. Ask anyone... it’s the place to be! (No children under 16

after 9:00 PM please)

��As always, this week promises relaxation and fun with something

for everyone. You should sign up on Sunday for all week’s exciting

events (spots will be limited). In addition to the Annual Ladies

Luncheon and Chinese Auction, we’ll have the always popular

“Summer Drinks by the Pool”, the Ladies Marketplace full of

vendors for everything from purses and jewelry to décor and

specialty foods, and new seminars and exercise classes to keep your

schedule packed with fun events all week long! Don’t miss out on

the fun!

��

��

PA CHIEFS OF POLICE ASSOCIATION Blazing a Trail: A New Frontier in Leadership


��-��)'��$'))8:00 AM Golf Outing

Noon - 2:00 PM Lunch Open

Noon - 5:00 PM Registration

3:00 PM Education and Training Committee Meeting

3:00 PM - 6:00 PM Exhibit Hall Open (Reception) Hosp closed

6:00 PM - 8:00 PM Dinner/Opening Celebration

8:00 PM - 12:00 AM Hospitality

��-��))��$'))8:00 AM Registration Opens

8:00 AM Business Meeting

9:30 AM Coffee Break in Exhibit Hall

9:30 AM - 2:30 PM Exhibit Hall Open

11:30 AM - 1:30 PM Lunch in Exhibit Hall

1:00 - 5:00 PM Open Records and other Legal Issues

Christopher Boyle, Esq., Marshall,

Dennehey, Warner, Coleman & Goggin

2:00 - 4:00 PM Telling Amy’s Story

Det. Diedre Fishel, State College Police

4 - 5:30 PM CIT Development in a Downtown/Suburban

to Rural County: Bucks County –

A Model Program

John McAlarney, II, J.D., Vice President -

Training, FTAC

6:00 - 7:00 PM Chiefs Challenge

7:00 - 8:00 PM Dinner Buffet


��-��)$��$'))8:00 AM Registration Opens

8:00 - 10:00 AM 5 Concurrent Themes for Success

Gordon Graham, Graham Research Consultants

9:30 AM Coffee Break

10:00 AM - Noon Maximizing the Effectiveness of

Performance Evaluations


11:00 AM - 1:00 PM Ladies Luncheon & Chinese Auction

Noon - 1:00 PM Lunch

1:00 - 5:00 PM Technology Against Police

James Dill

1:00 - 3:00 PM Ethical Decision Making


3:00 - 5:00 PM Top Ten Things that get COPS in trouble


6:00 - 8:00PM President’s Hoedown/Dinner


��-��)(��$'))8:00 AM Registration Opens

8:00 AM Business Meeting

9:30 AM Coffee Break

10:00 - Noon Leadership in the 21st Century

Chief Robert Martin, Susquehanna Township

10:00 - Noon Managing a Major Incident

Chief Robert Adams, Collingdale Borough

11:30 AM - 1:00 PM Lunch

1:00 PM PLEAC Meeting

1:00 - 3:00 PM Technology Projects

1:00 - 3:00 PM Media Relations

Rick Rosenthal, President,

RAR Communications, Inc.

2:00 PM Retired Chiefs Meeting

3:00 - 5:00 PM Accreditation

3:00 - 5:00 PM Marketing your PD

Rick Rosenthal, President,

RAR Communications, Inc.

6:00 PM Reception

7:00 PM -Midnight 98th Annual Dinner and Ballroom Hospitality

2011 TENTATIVE SCHEDULE

The proposed amendments to the bylaws are being forwarded through the BULLETIN to the entire membership and will be presented at the Annual Conference for a vote of the membership. Members are encouraged to discuss these changes among their county and regional associations and to contact their Executive Board Members or Association Headquarters for further information or questions regarding these amendments. �� Section 6. Active Life Membership. Every Active member

in good standing for twenty (20) years shall automatically be

accorded the status “Life” member and, as such, shall thereafter

be exempt from the payment of dues unless still employed

and qualified for Active membership. Exemption from dues

shall begin upon retirement from such a position. Any Active

member in good standing for a period of ten (10) years or more

may, by paying into the treasury of the Association a sum of

money equal to the annual dues multiplied by the difference

between his years of membership and twenty, be accorded the

status “Life” member and, as such, shall thereafter be exempt

from the payment of dues upon retirement from a qualifying

position. In addition, during each Annual Meeting, the

incoming President, in his discretion, can accord the status of

“Life” member to any member of the Association (including

himself ) and, as such, the member so selected shall thereafter be

exempt from the payment of dues.

Section 11. Dues. The annual dues structure of the Association

shall be determined by the Executive Board and approved by

a majority of the Association members present and entitled to

vote at the last business meeting held at the Annual Meeting.

PROPOSED BYLAW REVISIONS

��We’re changing things up at this year’s Chiefs Challenge competition to

see if Northeast can stay on top yet again! We’ll be introducing a large scale

team building exercise between the regions and brawn may not win over

brains this year as teams are expected to “sink or swim” in the Host pool.

While the teams prepare themselves for the challenge and dinner is brought

poolside, we’ll also have a series of relay races that might induce a little more

laughter than cheering! Official rules will appear in the next issue of the

Bulletin. Start assembling your teams now and let the games begin!

LET’S GET READY TO RUMBLE!



BLOOMSBURGBloomsburg, on the North Branch of the Susquehanna River, has a population of 12,375. It enjoys the distinction of being the only incorporated town in Pennsylvania. Other municipalities of this approximate size are generally boroughs. This distinction arises from a special act of incorporation passed by the General Assembly on March 4, 1870. The community leaders of that time, desiring to establish a municipality, found it difficult to set off the built-up section from Bloom Township in such a manner that it would not leave the remainder of the township with a population too small to support a township government and also too widely divided in territory.

Bloomsburg’s earliest development was closely associated with the Indian period of American history. The Susquehannock Indians were the first occupants of the Susquehanna River Valley which served as a major route into Central New York State.

The police department’s patch was designed in 2001 by officers from within the department. The patch symbolizes the town’s fountain located in the center of historic downtown. The fountain was originally erected in 1892 and has been a landmark since when it was recently completely refurbished to its original vintage.

The Town of Bloomsburg Police Department is a legally constituted Police Department of the government entity having been organized by the Act of legislation enacted on March 5th, 1870. The original Town minute books located in the Bloomsburg Public Library Historical Review Section reveal that Thomas E. Geddes was appointed as the Town’s first Chief of Police on August 6th, 1870.

The Bloomsburg Police Department proudly wears this shoulder patch and are one of the state’s Accredited Law Enforcement Agencies.

SOUTH LONDONDERRY TOWNSHIPIn April 2007, this current shoulder patch concept was designed by Chief Jeffrey Arnold.

It is proudly worn on the South Londonderry Township police officers’ uniforms.

Research on the “coat of arms” design focuses on John Campbell, who was one of the more prominent citizens that first settled in the area. He was one of the many settlers of Scotch-Irish decent. Campbell was given one of the largest tracts of land (352 acres) in the area, by William Penn, known as Londonderry Township (now currently North and South Londonderry Townships). Campbelltown was formed and became the largest and oldest community, as well as a “hub” town between Harrisburg, Lebanon and Cornwall.

The “coat of arms” for the Clan Campbell of Argyll, Scotland was used in the design of the shoulder patch. Incorporated into the design was the Pennsylvania keystone as well as the bell from the H.M.S. Campbeltown, a historic ship, used by the British Navy in World War II that was given to the British by the United States. Argyll, Scotland is also the town for which the H.M.S. Campbeltown was named, as well as its namesake in the U.S. (Campbelltown, Lebanon County, PA).

The Latin words “Ne Obliviscaris” scrolled above the helmet were original to the Campbell coat of arms. Its meaning is “forget not”. The helmet signifies protection and security in defense; the two lions in red, depicts strength and courage; the two objects in black and yellow are called Gyronnys. They stand for Unity (and are also the main objects in the Campbell families from both Ireland and Scotland). The Latin words that surrounded the original Campbell family coat of arms were replaced with the words, “Servitum”, meaning “Service” and “Fiat Justitia”, meaning “Let Justice Prevail”. Lastly, the date when South Londonderry Township was formed was incorporated into the patch design, inside a banner at the bottom under the shield Est. 1894.

To see your agency’s patch featured in the next PA Patch Pride, please email a picture and description of your patch to [email protected].

PA Patch Pride

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As you can see by the heading, the official title for the PCPA

Learning Management System (LMS) to be accessed via the PCPA

web-site has been determined and is well

on the way to being graphically branded

as well. Progress has been steady and

thankfully we were approved for an

extension of the PCCD funded grant

through August 2011. PCCD understood

that the complicated logistics of this

endeavor simply prevented completion within the original one-year

time frame. Marrying the Subject Matter Experts with our design

vendor (JPL in Harrisburg, PA)) has been an ongoing process.

JPL has done a tremendous job of moving the project forward and

progressing towards the final goal of delivering a quality product in

an on-line format.

The 2011 MPOETC Legal Update class will be the first out

the door with completion due by the first week in April. We are in

the process of determining which Departments will be included

in the Beta testing group that will complete the courses and rate

same. In addition to this group, we will also include the MPOETC

Commission themselves so they too can

evaluate whether this is a viable concept for

2012 training.

The other courses being created by JPL

with input from the Pennsylvania Coalition

Against Domestic Violence (PCADV) and

the Pennsylvania Coalition Against Rape

(PCAR) are also well under way and should be completed by late

April or early May. They too will be “hung” on our new LMS and

be tested in a similar fashion. The final course in this initial phase,

concerning fingerprint compliance and LiveScan/CPIN training, will

be last out of the barn with completion expected by mid-summer.

This course was identified as a real need by our friends at the PCCD

and will be a “blended” course of both virtual and hands-on training.

Please stay tuned and continue to check the PCPA website and

newsletters for more information about this exciting training project.

Pennsylvania Virtual Training Network (PAVTN) UpdateContributed by: Russ McKibben, PCPA Online Training Project Coordinator

Pennsylvania Chiefs of Police

Association provides its members with

updated information, training, and events

through several mediums including

member newsletters, the quarterly

magazine and regular emails. But to find

all of the updated information you’re

looking for all in one place, there is no

better medium than the new PCPA

website. Still www.pachiefs.org, but

with a whole new look and additional

features, the website is a comprehensive

and interactive look at every service the

Association can provide to its members.

Members who log in are automatically

directed to a welcome message which lets

you explore several pages that only you have access to, such as the

membership directory, message boards and links to the Bulletin

magazines and newsletters. Along with the members-only sections

of the site, there is a page for almost every service, event or

resource PCPA provides, all with detailed descriptions, pricing and

now the option to register for several events and training courses

online. Directions to register are listed under each event and you’ll

automatically receive your registration confirmation and invoice

by email making it easy to keep track of

every training class, event or conference

you’re attending.

One of the most beneficial services

for our members is the Member Message

and Discussion Board. Here, members

can post questions, requests for policies or

even ask for opinions on issues happening

within their department, region or the

Commonwealth as a whole. By clicking

“subscribe” on the board or under a

specific topic, any member can receive

updates and responses directly to their

email account. This is a great resource for

networking with your fellow members

and getting first hand information from

Chiefs who have dealt with the same question already.

We’re still adding to the website and thinking of new features

and services that would benefit our members and law enforcement

in Pennsylvania. If you have any suggestions for features you’d like

to see on the PCPA Website, please contact headquarters at 717-

236-1059 and share your ideas and feedback. We want to make

www.pachiefs.org the premier resource for the law enforcement

community and we need your help to make it happen!

NEW PCPA WEBSITE



S P E C I A L O LY M P I C S T O R C H R U N

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Anybody remember 35mm film cameras?? You may think I’m

joking, but if you ask some of the younger officers, many never

owned a camera which used film. In addition, I often poll police

officers in my technology classes on the types of cameras that

are being used in their departments and it is no surprise to find

the vast majority have transitioned to digital photography and

why not?? With all the advantages digital has to offer including

outstanding point and shoot capabilities, excellent manual controls,

and amazing optical zoom lenses (Canon’s SX 30 is offering a 35X

zoom lens which is the 35mm equivalent to 28mm-840mm). That

coupled with image stabilization, 14+ megapixels and virtually

unlimited memory, what’s not to like!

Having lauded digital camera technology, I must also point out

that there are a number of serous considerations that need to be

addressed when using digital photography for police work. This

article is going to examine one very important aspect of digital

photography – EXIF information.

EXIF stands for EXchangeable Image File Format, and it is the

extension to an image file that holds the camera settings. It is also

referred to as a photograph’s metadata or DNA. It is a standard

that was developed in 1995 and currently applies to photographs

that are taken in a JPEG, TIFF, or RAW format.

TECH MANDATES | EXIF-Exchangeable Image Format:An Image’s DNAContributed by: James A. Dill, Deputy Chief (retired) PA Office of Attorney General

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As we move to the second decade of the Twenty First Century,

what new technologies will influence policing? How will chiefs

know fact from vendor’s hype? How will chiefs know what laws and

policies are needed with these technologies? How do you make

sure the cost is fair and will produce a return on the investment or

are grant funds that can be used? Well, an excellent way to answer

these questions is through the power of a collective effort of many.

Rather than each individual chief having to research the issues

and develop policy from scratch, the Pennsylvania Chiefs of Police

Association is the perfect

way to make that happen.

Right now, the latest

hot technology is the

automated license plate

readers (ALPR). This is

a device that is capable

of reading hundreds of

vehicle license plates per

minute and checking them

against a database. On

the surface, it seems like a

great tool to find wanted

vehicles. However, a more

in-depth look reveals

there are lots of technical,

policy, and legal decisions.

There are multiple vendors

all selling systems based on different standards and each has its

advantages and disadvantages. Jurisdictions across the country that

have already implemented them are using them in many different

ways. Some use them for just wanted vehicles; some use them to

survey crimes scenes and record the vehicles in the area; yet others

are using them to record vehicles passing through a particular road,

bridge, or area. Toll roads, bridges, and parking lots are using them

to collect fees. Here in Pennsylvania, the State Police is using them

for wanted vehicles. The Turnpike uses them in conjunction with

E-Z Pass.

Beside the different vendor technology, there are multiple ways

to implement it. They can be permanently mounted to fixed

objects in a fixed location, mounted on the vehicles trunk, light

bars or hidden in the grill. They can be set to read to the front and

sides or to the rear and sides. There are mobile units that can be

moved from vehicle to vehicle. Each different system has different

database requirements, and there are different ways to approach

updating the data.

To assist your decision making process; help you formulate good

policy; and create a uniform standard for the data in Pennsylvania,

PCPA has been assisting the Pennsylvania Commission of Crime

and Delinquency’s Local Technology Workgroup. The group

has representatives from PCCD, local police, JNET, PSP, the

Attorney General’s Office, County DA’s and PCPA. Over the next

several months, the effort will continue until there is sufficient

information to formulate recommendations on technology

standards, policy models, and answer legal questions. The work

group’s task is to formulate

policies and standards

that will govern PCCD’s

grant funding for this

technology.

PCPA is assisting

the workgroup to gather

information from other

groups researching

ALPRs like IACP Law

Enforcement Information

Technology Standards

Council, NLETS, PSP,

local police, and other

states for the group. On

December 9th, the group

met at PCPA and looked

at some of the vendor’s

equipment. The benefits to the local police chiefs is that we can

provide a clear plan to the best use of this technology and acting as

a group, get a better return on the investment.

Beside the ALPR technology, the local technology workgroup

is looking at other technology issues like biometrics identity

management and Identification technologies; information

technology standards and architecture; and mobile and handheld

technologies for law enforcement.

Several workgroup members met last month with CJIS and

representatives from federal, state, and local law enforcement,

the department of defense, college professors, and others about

the emergence of the field of facial recognition as a science. Our

representatives made a presentation to the group about our central

booking and our use of facial recognition. The consensus of the

meeting is that Pennsylvania, because it works as a group and

already has infrastructure in place, is ahead of most others.

For questions or comments about this article or the workgroup

email [email protected] or call PCPA at (717) 236 1059.

Technology UpdateContributed by: Christopher J. Braun M.S.I.T., Pennsylvania Chiefs of Police Association, Technology Coordinator


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The Juvenile Justice and Delinquency Prevention Committee

(JJDPC) of the Pennsylvania Commission on Crime and

Delinquency, which advises the Commission on the distribution

of federal and state juvenile justice dollars, recently established a

Diversion Subcommittee to promote the creation of pre-adjudication

diversion programs and county-wide policies designed to hold non-

violent youth accountable without proceeding to an adjudication

of delinquency. This subcommittee was originally created as part

of the MacArthur Models for Change initiative and was primarily

focused on ensuring that youth with mental health needs would not

become unnecessarily involved in the juvenile justice system. The

focus has since expanded to address the gamut of diversion scenarios,

but mental health cases still warrant special consideration. Diverting

these youth will have considerable impact on communities and

service providers as 70% of youth in the juvenile justice system meet

the criteria for mental disorders.1

Studies have confirmed that diverting youth with mental health

needs to community-based treatment programs is effective and cost

efficient. Often youth with mental health issues do not get the

treatment they need within the juvenile justice system, thus posing a

threat to themselves and their communities2. Through partnerships

with local mental health resources, diversion programs provide

youth with necessary treatment while effectively preventing crime

and providing community safety. Additionally, Pennsylvania Act

148 provides fiscal incentives to treat youth close to home, in their

communities, and in the least restrictive environment. Counties

with community-based diversion programs are eligible to receive a

state reimbursement of up to 80% of the cost of services whereas

counties employing secure detention facilities to treat youth are

only eligible for a state reimbursement of up to 50% of the cost of

services.3

Robert Stanzione, President of the PA Council of Chief Probation

Officers, explains, “Diversion provides juvenile justice professionals

with an opportunity to address the criminogenic needs of young

offenders without compromising community safety. Not all juvenile

offenders need to be exposed to the full resources of the juvenile

justice system. With careful screening and assessment, and by

engaging community resources, diversion provides young offenders

with an opportunity to redeem themselves in their own community.”

Elton Anglada of the Juvenile Defenders Association adds, “The goal

of Pennsylvania’s Delinquency Courts is to rehabilitate juveniles in

need of treatment, supervision, and rehabilitation, and provide these

juveniles with the necessary life skills needed to succeed as they move

to adulthood. Diversion programs allow appropriate juveniles to

learn from their mistakes without being subject to the formal process

of a trial. For many juveniles, a diversion program is sufficient to put

them on the right path.” George Mosee, Deputy District Attorney

in charge of Juvenile Diversion in Philadelphia acknowledged that,

“when diversion works properly it ensures that non-violent offenders

are expeditiously held accountable, supervised and effectively treated.

Victim restoration can be accomplished without requiring numerous

court appearances. Appropriate charges can be disposed of without

burdening the already strained resources of our justice system.

Rather than waiting to testify in court, police officers can spend more

time on the streets keeping us safe and courtrooms can be reserved

for only those cases that require the full legal process. Regarding

juveniles with special needs, it benefits everyone when their needs

are immediately identified and they are diverted into an appropriate

treatment program as quickly as possible.” Keith Snyder, Deputy

Director of the Juvenile Court Judges’ Commission, also notes that,

“Juvenile court records can have significant long-lasting consequences

for children. It is critical that opportunities exist at all stages of our

system to divert children from formal juvenile court processing,

when appropriate, and to have records expunged consistent with

statutory and procedural rule mandates.”

With the help of Models for Change, a national initiative to

accelerate reform of the juvenile justice system, counties throughout

Pennsylvania have begun to implement diversion programs at

different points in the juvenile justice system. In the summer of

2009, Allegheny County piloted the Crisis Intervention Teams

for Youth (CIT-Y) curriculum, which trained police officers in

crisis response techniques designed to address the specific needs

of youth. On December 1, 2010 mental health experts and law

enforcement agents from Allegheny, Bucks, and Cambria Counties

who completed the original 40-hour CIT training convened in

Mechanicsburg, PA for a supplemental CIT-Y Train-the-Trainer

workshop. These individuals will, in turn, now be able to train law

enforcement officials in their counties with the CIT-Y curriculum.

In fall of 2009, Lehigh County implemented Student Justice Panels

(SJP) in four Allentown middle schools to prevent adjudication of

first time offenders and to assist schools in providing accountability

and guidance to offending youth. Youth referred to the panel

immediately receive a mental and behavioral health assessment that

is used to guide their course of treatment. Chester County launched

its own Intake Diversion Project in the fall of 2009 to divert eligible

youth from the juvenile justice system at the point of intake in the

juvenile probation department. The Intake Diversion Project also

utilizes mental and behavioral health assessments to assist in finding

an appropriate course of treatment for youth.

To promote pre-adjudication diversion work in Pennsylvania

the Diversion Subcommittee of the JJDPC will issue a funding

announcement in early 2011 for diversion programs and practices

in the counties, including those that target youth with mental

health needs. Proposals must include a formal protocol for the

diversion program/practice requested and be aligned with the

Guide to Developing Pre-Adjudication Diversion Policy and Practice

Diversion Subcommittee

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1Shufelt, J. & Cocozza, J. (2006). Youth with Mental Health Disorders in the Juvenile Justice System: Results from a Multi-State Study. Focal Point: Summer, 2006. 2Mental Health/Juvenile Justice Work Group of the Pennsylvania MacArthur Foundation Models for Change

Initiative. (2006). Mental Heatlh/Juvenile Justice Joint Policy Statement. Commonwealth of Pennsylvania:

September, 2006.3Arya, N., Lotke, E., Ryan, L., Schindler, M., Shoenberg, D., & Soler, M. (2005). Keystones for reform: Prom-

ising Juvenile Justice Policies and Practices in Pennsylvania. Models for Change: Systems Reform in Juvenile Justice. Retrieved November 15, 2010 from, http://njjn.org/media/resources/public/resource_285.pdf.



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Using this standard, a digital photo is encoded with a great

deal of information about how it was taken including the type of

camera, lens, as well as most of the camera’s settings.

Think of it this way. For years police photography instructors

told their students to carry around a notebook so they could take

notes on how they took a picture. Information such as film type,

shutter speed and f-stop were all valuable information that was

often times used in court. Today that information and more is

already encoded onto digital photographs in the above formats and

is very easy to obtain either through Windows or just about any

photo application!

In the example photograph below, just right click and use “Save

As” to save it to your hard drive. Then, if you are using a computer

with Window’s Vista or 7 operating systems, right click on that

photo and go to “Properties” and then click on the “Details”

tab. (See figure 1). Scroll down and you will see a plethora of

information relating to the image, camera, lens, file, and if taken

with a device that has a GPS (say your cell phone) in many cases

you will also see the longitude and latitude of where a photograph

was taken. (See figure 2).

Figure 1 Figure 2

Think of the evidentiary implications of not only the

photographs taken by your departments, but also the digital

photographs that are acquired through victims, witnesses, warrants,

intelligence, and especially through Social Networking sites. This

information can corroborate or refute alibis, provide leads, and help

resolve investigations. (Unfortunately the GPS information can

also be used against victims in stalking and harassment cases.)

Two important notes: First, some or all EXIF information can

be removed or edited either through Windows or any number of

software applications, so keep that in mind. Second, some Social

Networking sites strip the EXIF information when the photograph

is posted; however, the original that is maintained by the site

usually will have the information and can be subpoenaed.

In conclusion, EXIF information is a new concept to many in

law enforcement and I just touched on some very basic aspects of

it in this article. Please direct someone in your departments to

learn more. I strongly believe that every officer needs to have an

understanding of the concept both to assist in everyday police work

and to protect themselves and their families especially when posting

photographs online.(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 and trainer with Alutiiq International and ITIS, LLC. More information regarding courses he instructs can be obtained at www.itis-llc.com or http://www.counterdrug.org.

If you have a question, comment, or an idea for an article he can be contacted at: [email protected]).

in Pennsylvania created by the Diversion Subcommittee through the

Models for Change Initiative in PA. The Guide is available for download

at the Juvenile Law Center’s website and may be accessed through the

following link, http://www.jlc.org/publications/guide_to_developing_

pre-adjudication_diversion_policy_and_practice/. The Principles of Pre-Adjudication Diversion in Pennsylvania, found at Appendix A of the

Guide, have been endorsed by the following organizations:

County Commissioners Association of Pennsylvania’s Human Services Committee

Juvenile Defenders Association of Pennsylvania

Mental Health Association in Pennsylvania

Office of Children, Youth and Families, Pennsylvania

Department of Public Welfare

Office of Mental Health and Substance Abuse Services, Pennsylvania

Department of Public Welfare

Pennsylvania Association of Intermediate Units

Pennsylvania Community Providers Association

Pennsylvania Council of Chief Juvenile Probation Officers

Pennsylvania Department of Education

Pennsylvania Department of Public Welfare

Pennsylvania District Attorneys Association

Pennsylvania Juvenile Court Judges’ Commission

Pennsylvania Juvenile Justice and Delinquency Prevention Committee

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The United States Supreme Court provided guidance to

government employers regarding employee use of electronic media

in City of Ontario, California v. Jeff Quon, et. al, (“Quon”),

2010 U.S. LEXIS 4972 (June 17, 2010). The Court held that a

government employer’s search of text messages sent and received

on a work-issued device when

the appropriate policy was in

place did not violate Fourth

Amendment search and

seizure protections.

The Court approached the

issue cautiously, however, so

as not to upset the balance of

the plurality in O’Connor v.

Ortega, 480 U .S. 709 (1987).

Although this case is not likely

to create any shock waves

in employment litigation,

it did provide a number of

guideposts to all employers

in navigating through the

choppy waters of monitoring

electronic media.

In Quon, the City of

Ontario issued pagers capable

of transmitting text messages

to its SWAT team, including

Jeff Quon. Each member had a certain limit of characters per

month pursuant to the City’s service contract with a third party.

The purpose of the pagers was to facilitate mobilization and

response to emergency situations. The City’s policy was as follows:

[The City] reserves the right to monitor and log all network

activity including e-mail and Internet use, with or without notice.

Users should have no expectation of privacy or confidentiality

when using these resources.

Quon signed an acknowledgment that he read and understood

the policy. The SWAT team was instructed during a meeting and a

through a follow-up memorandum that, despite the fact that they

were not routed though the City’s server, text messages would be

covered under the policy.

After the pagers were distributed, Quon exceeded the allotted

number of characters under the City’s plan. Quon’s supervisor

reminded him of the policy but that “it was not his intent to

audit the messages to see if the overage was due to work-related

transmissions.” The supervisor suggested that he reimburse the City

for the overages. Quon continued to exceed the limit and pay for

overages. The chief performed an audit to determine whether the

existing character limit was

too low, causing employees

to incur personal cost. The

Chief requested transcripts

of the text messages from the

third party. Many of Quon’s

text messages were found to

be personal. The matter was

turned over to internal affairs,

and it was concluded that

Quon violated City policy.

In its analysis, the Court

looked to the 1987 case

of O’Connor v. Ortega,

which involved the search

by hospital administration

of an employee’s physical

office, as guiding case law in

its leap into the electronic

world. If it is found that the

individual has an expectation

of privacy, the “employer’s

intrusion on that expectation for non-investigatory, work-related

purposes, as well as for investigations of work-related misconduct,

should be judged by the standard of reasonableness under all the

circumstances.”

Despite the policy in place and the specific instruction that texts

would fall under that policy, Quon maintained that he had an

expectation of privacy because of his supervisor’s statement that

an audit would be unnecessary if Quon paid for the overages. The

Court acknowledged the swiftness with which technology changes

and how employees’ privacy expectations may change; therefore,

in crafting its holding, the Court “assumed” that (1) Quon had a

reasonable privacy interest in his text messages; (2) review of the

transcript constituted a Fourth Amendment search; and, (3) the

principles applicable to a government employer’s physical office

apply to the electronic media world.

The Supreme Court Considers the Privacy Rights of a Public Employee’s Communications on an Electronic

Device Provided by the Public EmployerContributed by: Danielle M. Vugrinovich, Esq.*



Accordingly, the Court focused on whether the City violated

Quon’s Fourth Amendment right through its search. In the

O’Connor opinion, the Court recognized that if the search was

conducted for a “non-investigatory, work-related purpose[e]” or for

the “investigation[n] of work] related misconduct,” a government

employer’s warrantless search is reasonable if it is “justified at its

inception” and if the “the measures adopted are reasonably related

to the objectives of the search and not excessively intrusive in light

of the circumstances giving rise to the search.” Citing O’Connor,

supra at 480 U.S. 725-726. The Court held that the search

did meet the standard applied under O’Connor and was, thus,

reasonable.

In so finding, the Court recognized that the search was

reasonable because its purpose was to determine whether the

character limit was exceeded for work-related purposes and to

ascertain whether an upgraded character plan was necessary. The

Court noted that the search was not “excessively intrusive” due to

the two-month scope of the review and that the audit was limited

to on-duty messages. Importantly, Quon should have expected,

due to his SWAT team position, that it may be necessary to audit

the messages for emergency purposes. The Court held that because

the search was motivated by a legitimate work-related purpose, and

because it was not excessive in scope, the search was reasonable.

In relation to Quon’s impact on the employment world, the

following points are instructive:

transmissions, require the employees to acknowledge receipt of

the policy, and demonstrate efforts to ensure that employees

understand the policy.

make comments about the application of the electronic media

policy in place that would undercut the policy.

policy is in place and the electronic media is contained on a

work-issued device.

transmissions.

As with all other employment relations activities, it is crucial

to document policies, the distribution and understanding of such

policies and the basis for any employment relations activities in

order to withstand the scrutiny of litigation.

* Danielle Vugrinovich is an associate in the Pittsburgh,

Pennsylvania, office of Marshall, Dennehey, Warner, Coleman &

Goggin and can be reached at (412) 803-1185 or dmvugrinovich@

mdwcg.com.

This article is reprinted with the permission of Danielle Vugrinovich, Esquire and the law firm of Marshall, Dennehey, Warner, Coleman & Goggin. This article is for educational and informational purposes only. The material contained herein is not to be construed as legal advice or to create an attorney-client relationship. © 2010 Marshall, Dennehey, Warner, Coleman & Goggin. All rights reserved.

As of January, 2011 Pennsylvania’s law enforcement community

has another tool at its disposal when investigating missing persons

cases in our state. The Missing Endangered Person Advisory

System is designed to rapidly disseminate information about a

missing person to the public and law enforcement agencies in order

to elicit assistance in the safe recovery of the victim. The advisory

has been developed with the cooperation of the PA Broadcasters,

PA Department of Aging, PA Legislature, and PA law enforcement

agencies who all recognize the benefit in seeking the public’s

assistance.

The following information has been compiled by the

Pennsylvania State Police (PSP) Criminal Investigation Assessment

(CIA) / Missing Persons Unit, which has the responsibility for

administering the MEPAS in Pennsylvania:

Pennsylvania’s MEPAS is a tool for law enforcement to use in

the event a person at special risk of harm or injury goes missing in

Pennsylvania. The MEPA uses the administrative email component

of the Emergency Alert System (EAS) (non-EAS broadcast) to send

the information to broadcasters, and a regional law enforcement

bulletin to police; the objective is to notify the public and law

enforcement agencies of a missing person who is in extreme danger.

In order to avoid desensitizing the public, strict criteria are in place

which must be met in order for an advisory to be issued. The

decision to issue a MEPA is made by the PSP MEPA Coordinator

or their designee.

�� 1. The incident circumstances do not meet the criteria for an

Amber Alert and,

2. The person(s) are missing under unexplained, involuntary, or

suspicious circumstances and,

3. The person(s) are believed to be in danger because of age,

health, mental or physical disability, environment or weather

conditions, or are known to be in the company of a potentially

dangerous person or some other factor that puts the person(s) in

peril of serious bodily injury or death and,

4. The subject of the advisory has been entered in the National

Crime Information Center (NCIC) database under the Disability,

Endangered, or Involuntary categories and,

5. The incident is an active investigation conducted by a law

enforcement agency and,

Pennsylvania’s Missing Endangered Person Advisory System (MEPAS)

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6. There is sufficient information that, if distributed to the

public, could assist in the safe recovery of the missing endangered

person.

Any police department in Pennsylvania may request a MEPA

for a missing person case they are investigating. The investigating

agency will contact the PA State Police (PSP) Watch Center

by telephone at (877) 777-9975 and request a MEPA. The

investigating agency will be required to provide detailed incident

information and verify that the incident meets the criteria for

issuance. The PSP Watch Center and the PA Criminal Intelligence

Center (PaCIC) will issue the MEPA based on the information

submitted. The investigating agency will contact the PSP Watch

Center immediately upon case resolution to cancel the MEPA.

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from a residential facility in extremely adverse weather conditions

motor traffic area

wanders from their residence without their lifesaving required

medication

Administrative questions about the MEPAS may be directed to

the PA State Police CIA/Missing Persons Unit at (717) 783-0961

or (717) 783-0960.

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Pennsylvania Chiefs of Police Association Bulletin Magazine

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