Académique Documents
Professionnel Documents
Culture Documents
Commonwealth of Pennsylvania
Tom Wolf, Governor
Department of Community & Economic Development
Dennis M. Davin, Secretary
newPA.com
TABLE OF CONTENTS
Introduction.03
Background.07
Executive Study of Recommendations...13
Current Police Organization...17
Police Expenditures23
Agency Effectiveness in Field Operations..28
Police Patrol Function.34
Policies, Rules and Regulations..39
Administrative, Technical and Support Service.....48
Role of Police Chief in the Budget Process.52
Departmental Records System54
Personnel Records...63
Personnel, Management and Training70
Police Facility.74
Police Vehicles and Equipment..77
Evidence..81
Proposed Organization and Future Staffing...83
Concept of Regional Policing90
Governing Body and Police Relationship.92
Conclusion95
Interviews/Contacts......................97
Appendix..98
FOREWORD
The current study of the Nazareth Borough Police Department (NBPD) was initiated
at the request of the Mayor and Nazareth Borough Council. Retired Chief of Police John M.
Eller, from Brookhaven Borough, Delaware County, Pennsylvania conducted the
management study. Chief Eller retired after forty-four years in law enforcement. Chief Eller
has been a Peer-to-Peer Management Consultant for the Pennsylvania Department of
Community Affairs (DCA) and the Department of Community and Economic Development
(DCED) since the inception of the Peer-to-Peer program in 1988.
In addition to the initial visit on November 3, 2014 for the signing of the contract,
Chief Eller acting as a peer-to-peer consultant conducted ten (10) on-site visits to the
Nazareth Police Department for gathering information and data. Mayor Carl R. Strye,
Council President Daniel R. Chiavaroli, Council Vice-President Larry U. Stoudt,
Secretary/Treasurer Paul A. Kokolus, Police Chief Thomas M. Trachta and Ronald Stern,
Policy Specialist, Governors Center for Local Government Services (GCLGS) were present
at the initial meeting.
During subsequent visits, interviews were conducted with the Chief of Police, police
officers, the Mayor, President and Vice-President of Borough Council, Chairman of the
Police Committee, Secretary/Treasurer, Administrative Assistant to the Secretary/Treasurer,
Administrative Assistant to the Chief of Police, District Judge, and a former Mayor.
The Governors Center for Local Government Services (GCLGS) recognizes that
many issues discussed in this report may be significant factors in collective bargaining.
However, using the recommendations of the consultant and the department for the sole
purpose of labor negotiation conflicts with the intent of the study. The purpose of the study
is to improve the management of police services for the citizens in Nazareth Borough. For
members of the local governing body in Nazareth or members of the Nazareth Police
Association to use the work of the consultant or the GCLGS, to exclusively further its own
interest, is inappropriate.
Chief Eller retired after 44 years in law enforcement. During that time, he served as
Chief of Police in two communities for 39 of those years. He is a graduate of the FBI
National Academy (1985) Penn State POLEX and POSIT courses (1989). He was a
certified police instructor in NJ and PA from 1978 to 2012. He is a life member in the
International Association of Chiefs of Police (IACP), the PA Chiefs of Police Association
(PCPA), the Southeastern PA, Chiefs Association and the Delaware County Police Chiefs
Association. He was a member of the International Law Enforcement Educators and
Trainers Association (ILEETA). He instructed at the Burlington County Police Academy
(1978 1981), Camden Police Academy (1980-1981), Philadelphia Police Academy (1985
1996) and the Delaware County Police Academy in basic, in-service and lethal weapons
training for thirty years.
INTRODUCTION
There are 67 counties in Pennsylvania.
Each county is subdivided into
municipalities. There are 2,562 municipalities in Pennsylvania. The municipalities are then
designated into four classifications: Cities (1st, 2nd, 3rd class), Boroughs, Townships (1st and
2nd class) and one Town. NAZARETH, which is geographically located in the Center of
Northampton County, is one of the 958 Boroughs listed in the Commonwealth of
Pennsylvania. Northampton County is on the eastern border of Pennsylvania, adjacent to
the State of New Jersey. Nazareth Borough is celebrating its 275th anniversary this year.
According to historical information displayed on the Municipal website, the
Borough is named for the Biblical town of Nazareth. The City of Bethlehem is just four
miles to the south of Nazareth. William Penn bequeathed the land to his daughter, Letitia,
who under colonial law would have to pay a single red rose each June 24, if so demanded by
the trustees. The citizens of Nazareth celebrate this tradition on June 11 and 12 by various
organizations selling red roses throughout the community.
Founded in 1740, the Barony of Nazareth was a land tract purchased by George
Whitefield, which encompassed 5,000 acres and included the borough of Nazareth, as well
as the Townships of Upper and Lower Nazareth. He invited the Moravians to settle the
land. He requested their assistance in establishing a free school for African-American
children, as well as a haven for Englishmen suffering from harsh laws. The Moravians
purchased the Barony of Nazareth from Whitefield and began building log cabins and stone
houses along with grist and saw mills. The number of manufacturing facilities increased.
Nazareth was originally planned as a central English speaking church village, but in
October 1742 the 18 English inhabitants departed for Philadelphia. Meanwhile the Nazareth
tract was in the hands of Captain John, a Lenape chieftain, who, along with his followers,
refused to vacate the land, even though they no longer owned the land. A settlement was
finally reached and the tribe moved on to another location. A large portion of the
population was of German origin through the mid 1900s. They were referred to as the
Pennsylvania Dutch (Deutsch). The Borough was eventually incorporated in 1858.
At the turn of the 20th century the cement industry was established and larger labor
forces were needed, which resulted in a variety of ethnic heritages, who, co-existed easily
with the descendants of the early Moravians. Later in the 1960s there were three large
cement companies operating in and around the Borough (ESSROC formerly Coplay
Cement, Hercules Cement, Penn-Dixie Cement). Today, ESSROC has three operating plants
in and around the outskirts of the Borough.
Modern day Nazareth is a quaint and charming community of 5,723 residents that is
1.7 square miles in size and is situated in central Northampton County, approximately four
miles north of the City of Bethlehem and seven miles northwest of the City of Easton.
Nazareth (*1858) is one of several communities considered to be included in The Nazareth
Area according to the Chamber of Commerce.
Other municipalities considered to be part of this area are Upper and Lower Nazareth
Townships (*1813), Stockertown Borough (*1900) and Tatamy Borough (*1893). (*Dates
indicate years of incorporation).
PA Routes 191 (N/S) and 248 (E/W) connect in the southern portion of the Borough.
Major urban cities such as Scranton and Wilkes-Barre are located approximately 60 miles
north; New York is approximately 70 miles east; Philadelphia is approximately 65 miles
south and Harrisburg is approximately 90 miles west. Route 33 (N/S), which is just a few
miles outside the Borough, is a connecter link between Interstate 78 (E/W) and Interstate 80
(E/W) which runs from New Jersey, through the Pocono Mountain area and across the entire
Commonwealth of Pennsylvania. There are 5.24 miles of state highway in the Borough and
20.96 miles of municipal streets. Lanta Bus Service provides transportation through the
Borough. Norfolk Southern Railway has commercial tracks running through the southern
end of the Borough in an east/west direction. The Borough can be described as hilly and
rightfully so, due to the fact that it sits on one of the richest veins of limestone in the U.S.
The community remains busy throughout the year with the Vigilance Hose Fire
Company carnival in the spring, numerous antique functions, a craft show at the historic
Whitefield House (built in 1740) and Nazareth Day in the downtown business district and
Borough Park. C.F. Martin & Company the oldest surviving maker of guitars in the world
(182 years) is located at 510 Sycamore Street and there is an annual celebration every
August called Martin on Main in the down town area. During winter months there is a
Walking Candlelight Tour, the YMCA Tree of Lights, the Nazareth Towne Open
House and the Annual Tree Lighting Ceremony. The Pennsylvania Department of
Transportation featured one of Martins Guitars on the face of its roadmap for 2014.
The Borough has seven recreational areas and a new municipal pool, which was just
completed since last season. The recreational areas include the following:
Nazareth Community Park
Nazareth Hall Park
Gus L. Sauerzoff Memorial Park
Paul A. Kokolus Sr. Park
Kraemer Park
Copley Park
Holy Family School Ball field
The Borough is part of the Nazareth Area School District. The school district
includes the Boroughs of Nazareth, Tatamy, Stockertown and the Townships of Upper
Nazareth, Lower Nazareth and Bushkill. The district includes three elementary schools, one
of which is the Floyd Shafer Elementary School located at 49 South Liberty Street in the
Borough. The other two elementary schools are Lower Nazareth Elementary and Bushkill
Elementary.
This information is provided to show a little history of the community and how it
evolved over the years. It also shows the type of area that the Nazareth Police Department is
responsible for protecting on a day-to-day basis.
NOTE: During the course of the study the Borough of Nazareth was honored by the
Boroughs Association for having the best website in the Commonwealth of Pennsylvania.
It was rated #1 over 1,700 other websites. The announcement was made on April 15, 2015.
BACKGROUND
Mr. Albert Pierce, Borough Solicitor, seems to have the most tenure of all the public
officials. He was able to provide background information on the police department.
Section 1121 of the Borough Code, 53 P.S. 46121, provides that a Borough by
ordinance establish a police department and then designate the rank structure. The code
specifically states that the Mayor shall continue to direct the manner in which the
individuals assigned to the various positions shall perform their duties. Furthermore, it
states that Borough Council has the power and authority to appoint, remove, suspend and
demote police officers and fix and determine the total weekly hours of employment.
Council may also assign the Chief of Police or any other member of the police force to
undergo a course of training. All police officers in Pennsylvania are required to attend a
police academy that is regulated by the Municipal Police Officers Education and Training
Commission. All police officers are also required to attend mandatory training annually in
order to retain their certification as an active police officer.
Section 1124 of the Borough Code also gives the Mayor the authority to suspend any
police officer for cause and without pay, until the succeeding meeting of the Borough
Council. Disciplinary actions of the Mayor are subject to the review and approval of
Borough Council.
In 1975, Pennsylvania adopted as one of its standards and goals for the improvement
of police service in the Commonwealth, Standard 6.4, which states, where appropriate to
do so, police departments should consolidate for improved efficiency or effectiveness but in
no case should an individual department member lose salary or status as the result of such
consolidation.
In the publication Administering Police Services in Small Communities there are
some alternatives regarding communities having their own police department:
(1) Contracting or purchasing police service from another agency;
(2) Consolidated Police Service or Regionalization as its known in Pennsylvania,
where two or more municipalities create a police department that is outside the direct
control of any one municipality. Colonial Regional Police Department serving the
municipalities of Lower Nazareth Township, Hanover Township and the Borough of Bath is
an example of a regional police department;
(3) Centralized Support Services/Decentralized Patrol results in a municipality
having its own patrol force but contracting out for support services such as dispatching,
record keeping, investigation services and personnel services. Example, the Town of
Bloomsburg maintains the Criminal History Information for all the departments in
Columbia County at their police department.
Thomas Trachta, who was a New York City Police Detective Sergeant also applied for the
job.
Chief Sinclair faced resistance immediately due to the fact that he was hired from the
outside and there was no in-house promotion. Nine officers resigned, two full time officers
and the remainder were part time officers.
Thomas Trachta was offered a position and was hired as a part time officer being
assigned the rank of corporal. Being hired in this manner (part time) avoids the Civil
Service process. He was hired at the rank of corporal and there was no such rank in the
police ordinance. Therefore, he should have been promoted in rank to Sergeant or reduced
in rank to patrol officer but he remained a Corporal until he was eventually appointed the
Chief of Police.
Chief Sinclair wanted the officers to be visible to the public. He initiated a bank
watch and received some resistance from the officers. Officers were directed to stop at the
banks and sign a log to indicate they checked in. He found that some officers had other
private interests that took priority over their police position. During his tenure there were
some resignations.
Chief Sinclair found that there was no structure to the department. Officers were not
accustomed to following operational orders for various events such as the Fire
Department Carnival. He also directed the officers do a park and walk to have them
interact with the merchants and citizens in the business district.
Corporal Trachta was second in command and other officers were hired to replace
those that left. Chief Sinclair resigned his position in 2009 to take a similar position as the
Chief of Police in West Conshohocken Borough.
When Chief Sinclair departed, Nazareth Borough Council promoted Corporal
Thomas Trachta to Chief of Police on a Civil Service non-competitive examination. This
type of hire is permitted for the position of a Chief of Police in the Commonwealth.
No formal testing process was needed. However, once a Chief is sworn in and
completes a satisfactory probationary period under Civil Service the position becomes
permanent and he cannot be discharged without just cause.
It appears that tension between the police department and Borough Council seems to
have escalated when Chief Trachta was appointed to the position. There was also another
Mayor in office at that time. In a Borough form of government the Mayor is the executive
head of the police department. Many Mayors feel the Chief is a professional law
enforcement officer and leave the day-to-day operations of the department in his/her hands.
This was not and is not happening in Nazareth Borough. The Mayor and/or Council have
not completely relinquished the authority and allowed the Chief to run the police department
freely at will.
It also might be noted that during Chief Trachtas tenure in office there have been at
least three investigative contacts between members of the governing body and the police
department that have resulted in negative feelings toward the Chief and some members of
the department. There are some who question his leadership role, some who feel there
should be more productivity with certain members of the police department; while some feel
he is not loyal to the Borough (like someone born and raised there).
The Chief has indicated that he has not been given the opportunity to operate the
police department without some type of micromanagement hindering his method of
resolving various problems (such as backing up his recommendations on disciplinary
problems or in the hiring process). During the on-site interviews there were numerous
incidents reported involving members of the department, or governing body that at some
point affected others in the police department or Borough but are beyond the scope of this
study. There have been numerous IA (Internal Affairs Investigations) conducted over the
past several years with varying degrees of discipline recommended.
Micromanaging is taking place in many areas, such as budgeting and discipline.
Disciplining some of the officers seems to have gotten sidetracked. The Chief indicated that
he has recommended discipline to the Mayor for certain documented incidents and no action
was taken. The Chief can only recommend discipline. He can document a violation if a
verbal warning were issued and place the documentation in a personnel file. He can write a
letter of warning to be placed in a personnel file but only the Mayor and Council can impose
suspension or other disciplinary action resulting in loss of time or pay.
Progressive disciplinary steps must be taken and documented, for the courts to rule
in favor of the governing body and that has not happened. Since the hiring of the new part
time Deputy Chief, grievances and discipline have been turned over to him.
The Nazareth Police Department appears to have had various problems over the
years, which has become frustrating and costly to the governmental body. Some of the
Borough Officials commented over the cost of litigation. One official said that legal fees
are $400,000 and they used to be $40,000. Another said that $1.3 million dollars has been
spent in arbitration costs since 2008.
Finally, another said that legal fees in 2013 were $126,000 and rose to $246,000 in
2014. These figures are certainly upsetting to the Borough officials who are trying to
operate within a pre-planned budget.
The solicitor indicated that litigation is not new to Nazareth Borough; it has taken
place for many years.
During the on-site interviews it was pointed out by several
individuals that there have been numerous grievances filed by the officers along with unfair
labor practice suits. One officer was terminated in 2012 and filed a suit on wrongful
termination. An arbitrator ruled on the suit in 2014 and determined that the officer should
have been disciplined and suspended for a 30-day period, not terminated. The arbitrator
ruled that the officer be reinstated, resulting in two years of back pay being awarded.
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Another suit dealt with the loss of shift differential. Another one deals with a complaint to
the Human Relations Commission.
Currently, according to the Solicitor there are two Civil Rights Lawsuits filed in
Federal Court, four unfair labor practice suits, and three collective bargaining cases. In
addition, the Borough was put on notice regarding three individuals that were arrested for
vandalism but nothing has materialized as of this point in time. It was pointed out that
traditionally Nazareth Borough has been the recipient of lawsuits for many years, not just
recently.
The Borough Councils response to these many laws suits was to hire a Professional
Consultant, who had previous police experience, as a part time police officer with the title of
Deputy Chief to review the departmental policy and procedures manual and make policy
changes where necessary. He was also given the responsibility of dealing with all
disciplinary cases and grievances. In addition he was given the responsibility of scheduling
training for the officers.
Another move by Borough Council was to hire another Human Resource
Professional Consultant to review and consolidate all the police personnel files, which were
located in three separate locations (Police Chiefs Office, Mayors Office, and
Secretary/Treasurers Office). The Human Resource Consultant and I have spoken and
exchanged some information on the organization of personnel files.
It might be noted that the personnel files have been removed previously from the
Chiefs office four years ago in 2011. The personnel files will be addressed in the Records
Section of this report.
All this activity, which has nothing to do with actual police work, has resulted in
confusion and tension for everyone. The Chief documents most of his activities in emails
with copies forwarded to the Mayor and the Solicitor (when necessary).
Prior to August of 2014 the Chief operated the department with two full time officers
supplemented by part time officers. Borough Council reinstated the dismissed officer in
August 2014, along with hiring another full time officer from the Civil Service List.
Currently there are four full time officers who are scheduled for 12-hour shifts and the
Chief, who works an 8-hour shift. Part time officers supplement the full time officers.
Part time officers usually work an 8-hour shift. When the management study was
initiated in November 2014 there were ten part time officers, however during the course of
the study five of them obtained full time positions with other law enforcement agencies.
There also appears to be a rift between some of the full time officers and some of the
part time officers over productivity and workload. There is one full time officer assigned to
each 12-hour shift, supplemented by a part time officer.
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When the Deputy Chief was hired in December 2014, the Municipal Police
Officers Education and Training Commission did not immediately certify him. Therefore
legally, he could not patrol or back up any officer since he was not authorized to carry a
firearm. Additionally, he had no authority to make arrests or write citations.
If an officer called off sick for patrol, the other officer would have to work alone,
since the Chief was not authorized to replace the officer that called off because the Deputy
Chief was working. In April, the Deputy Chiefs MPOETC Certification arrived so he can
officially carry a firearm, make arrests and write citations. However, he is still an
administrative officer and has not been assigned a slot on the patrol duty schedule.
In 2010/11, the previous Mayor and Council once again seriously considered
regionalization with the Colonial Regional Police Department. Meetings were held and a
proposal was made for Colonial Regional to take over the policing of Nazareth Borough.
One of the stipulations of the agreement was for Colonial Regional to hire the full
time officers from Nazareth Borough. The former Mayor advised the Chief, that the
transition could be made easier if he were to step down as Chief. As it turned out, one of the
other municipalities would not agree to the condition of hiring the officers from Nazareth
Borough, so the proposal was cancelled.
It was also pointed out during on site interviews that the current Chief of the
Colonial Regional Police Department, as well as the Deputy Chief were both offered the
Chiefs Position in Nazareth. The Chief informed the former Mayor that he was not
vacating the Chiefs position.
Despite all the distractions the police department is still operating satisfactorily, with
the Chief and four full time officers, supplemented by a fluctuating part time staff.
Once again the recommendations in this study have nothing to do with the current
litigation that is taking place, which certainly is a distraction to the employees. The purpose
is to try and point out some areas of the police service that can be improved upon.
Hopefully, some recommendations can be made that will result in a greater effort by
everyone to get on the same track in order to provide the community with the level of
service that the public is accustomed to and deserves.
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POLICE EXPENDITURES
13
RECORDS SYSTEM
Consider adding one more user on the ALERT System. The department now
has a Deputy Chief, who is on the computer frequently. The Chief, Deputy
Chief and Administrative Assist all need to use the computer on a regular daily
basis.
Consider re-instituting the daily log sheet for more accountability
Use Case File Checklist for more uniformity in the arrest case files
Remind officers the importance of adding the age, sex and race of all victims
and suspects and putting the value of stolen and recovered property in the
computer for Uniform Crime Reporting Initial incident reports may not be not
be totally correct. Therefore, a new printout should be downloaded for
insurance requests
PERSONNEL FILES
J.E. Trella and Associates is reviewing all the police personnel files to upgrade
There is a comment at the lower portion of each file if any adjustments need to
be made to the file (**)
Medical and Psychological evaluations or reports and workmans compensation
claims need to be placed in a separate folder.
A decision must be made as to who will hold the master file (Mayor or
Secretary/Treasurer)
The Chief should have a working copy for the police department
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Insure that police policies and civil service regulations are identical when it
comes to the hiring of full-time police personnel
Only Veteran Preference Points can be added to a candidates score
Conduct a thorough background on all police hires (part time and full time)
Adhere to the training requirements in the policy
Deputy chief closely review and evaluate hiring process and subsequent
training
POLICE FACILITY
Continue to stay in the pattern of phasing out the older, high mileage
vehicles from the fleet for officer safety
Alternate the use of the patrol vehicles, so the new cars are not used on a
continuous basis
After a patrol vehicle reaches 40,000 to 50,000 miles, pull from the patrol
schedule and use as an unmarked vehicle if needed
Draft a policy for the I PAD
Inventory the day-to-day equipment, and replace if necessary
EVIDENCE
15
If bank drive-in relocates and leaves safe behind, use for temporary storage
of some property
CONCLUSION
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17
It also might be noted that the Deputy Chief, who was hired part time is making $40
per hour versus the salary of the Full Time Chief, who makes a salary of approximately $33
per hour.
The Chiefs salary is not at issue here but the Mayor and Council are certainly
sending a message. However, the Chief does not appear to be deterred in any way from
running the day-to-day operations of the Nazareth Police Department.
The organizational structure of a police department is built on Patrol. Patrol is the
backbone of all police departments. Patrol falls within the Field Services Division of the
police department. Field Services are activities that are in direct contact with the public or
are performed on the street such as patrol, criminal investigation and youth services.
Another important function of the organizational structure is Staff Services.
Staff Services are those functions that are associated with administering the police
department, preparing and supporting the officer such as training, personnel management,
community relations, crime prevention, planning and research.
Finally, the third component of the structure is Auxiliary Services. This category
includes such activities as police records, police communications, the detention area, jail or
holding facility.
According to a report published by the Bureau of Justice Statistics in 2008, titled
Census of State and Local Law Enforcement Agencies, Pennsylvania has the most local
police departments (965) followed by Texas (788), Illinois (701), Ohio (678) and New
Jersey (476). The report also points out that 53%* of all police departments nationwide
employed fewer than 10 officers* which accounted for only 6%* of the police population
nationally (*Based on full time sworn personnel).
The Commonwealth reported as of January 2013 there were 2,561 Municipalities.
Of that number, the Pennsylvania State Police serviced 1,266 of those municipalities. The
remaining municipalities were serviced by 1,295 local police departments, consisting of 855
full-time, 133 part-time, 115 consolidated (regional) and 192 under contractual agreement
with another department.
In these small departments the majority of these additional categories of Field
Services, Staff Services and Auxiliary Services will fall directly on the shoulders of the
Police Chief or his/her designee. Normally there will not be a lot of rank or specialty
positions in a small department.
Depending on the size of the agency the following principals should be applied:
Grouping by function Police operations falling into the same category should be
placed in the same unit (Field, Staff or Auxiliary Services).
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Unity of Command For any action the employee should receive orders from only
one supervisor.
Chain of Command The chain of supervisors from top to bottom and reverse.
Communications need to flow smoothly both upward and downward in the chain. If
the chain is broken an individual cannot be held responsible.
Unity of Direction One head and one plan should exist for the group having the
same objective.
Supervisory positions should exist only in the amount necessary to provide adequate
direction.
The same rank should have the same responsibility line supervisors should all be
the same rank
Rank should be associated with positions of leadership. Rank should not be assigned
to specialty positions such as a juvenile officer, an investigator, etc. unless there is a
unit and subordinates to supervise.
Specialization should not be created unless necessary. For every specialty position
there is one less patrol officer on the street.
Using Civilians civilians can be use in areas that does not require the exercise of
police authority or the application of special police knowledge, aptitude or skills.
Currently there are five full time officers on the department that are supplemented by
part time officers. Patrol is the backbone of all police agencies regardless of the size. It all
begins with patrol. According to their contract the officers work six 12-hour shifts and one
8-hour shift (Sunday) during a two-week pay period (80 hours).
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Since there are currently four full time officers and there are two 12-hour shifts per
day two full time officers are scheduled for day shifts and two full time officers are
scheduled for the evening/overnight shift.
Two full time officers are working, while the other two full time officers are off.
Part time officers supplement the full time officers but they work 8-hour shifts and there is
usually one scheduled to work along with a full time officer. Neither the Chief, nor the
newly hired Deputy Chief is on the regular patrol schedule.
One of the problems confronting the Chief is lack of personnel. There are only four
full time officers. The full time officers work 12-hour shifts. The duty schedule requires
the officer to work six (6) 12-hour shifts and (1) 8-hour shift (Sunday) every 80-hour pay
period. If officers worked 24-hours-a-day-7-days-a-week-365-days-a-year there would only
be a need for the four full time officers, however, officers are not robots and require time
off. There are regular days off, vacation days, personal days, holidays, sick days, wellness
days and time away from duty for court. The length of time that an officer has been
employed designates how much time the officer has off the duty schedule. If officers did
work every day for a 12-hour shift they would work 365 days @ 12 hours each day for a
total of 4,380 hours.
Officer Koch is the senior officer and has the following amount of time
accumulated:
Regular days off 2,190 hours, 160 hours vacation, 40 hours personal days, 80 hours
holidays, 240 hours sick time, 56 training hours, 32 bereavement hours and 2 wellness days
16 hours, 80 hours military leave. Total amount of time off is 2,894 hours. If you subtract
the 2,894 hours from the amount of time on the schedule (4,380 hours) it means that Officer
Koch can contribute 1,486 hours toward the duty schedule.
Officer Lahovski is entitled to 120 hours vacation, while Officer Schleig is entitled
to 80 hours vacation. The newest Officer will be entitled to 80 hours vacation in 2015. The
other benefits remain about equal. No one can accurately predict sick time or bereavement
leave. In 2014 it appears that the officers used less than 100 hours sick time, no
bereavement time or wellness days.
However, to provide some type of estimate the following projected use of time is
being used. All officers will not have all the holidays off. If the officer were working he
would receive double time. If the holiday falls on an officers day off, they are entitled to
another day off.
Revised Average: Non-available time:
Weekly hours off
Vacation hours
Personal hours
Holiday hours
2,190 hours
110 hours
40 hours
80 hours
20
25 hours
16 hours
56 hours
32 hours
40 hours
2,589 hours
Subtract 2,589 hours (non-available time) from the 4,380 hours that is required for
each shift on the duty schedule and the full time officers contribute 1,791 each toward the
schedule. Since each day requires four 4,380-hour shifts, it is necessary to fill 17,520 hours
to have two-officer coverage for an entire year. The four full time officers combined can
only contribute 7,164 hours leaving a balance of 10,356 hours, which currently needs to be
filled by part time officers. Currently all shifts DO NOT has two officer patrols resulting of
a cutback in some of those hours.
In todays society, due to increased danger and disrespect for the law enforcement
community, there should be two officers working at all times. This topic will be addressed
again in the Proposed Organization and Staffing section.
There is a Police Management Checklist that the Police Administrator reviews and
answers in order to give some direction to problem areas. There were a couple of
statements in the Police Department Structure Section that caused some concern for the
Chief.
(1) It is important that each member of the organization be aware of the duties,
responsibilities and functions of each unit. There is some concern in this area. It is
necessary for each officer to know what their role involves in the overall big picture of law
enforcement in the community.
(2) Officers should be held accountable for each task in law enforcement. If its a
case of shared responsibility, its important that each officer who is responsible when a
decision needs to be made.
(3) There is also some concern about adequate supervision being provided at all
times. The problem with Nazareth is that it only has four full time officers, supplemented
by a part time staff. There are no supervisors other than the Chief and the newly hired
Deputy Chief, neither of which is on the regular duty schedule.
It does appear that each officer on the department, including the civilian staff does
know to whom they are responsible and who is accountable to them. Currently there are
only two existing ranks and leadership responsibilities are connected with both the Chief
and Deputy Chiefs positions.
The police department is too small to have the patrol force geographically divided by
workload. It is also too small for the department to have specialized units within the
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department. Another area of concern seemed to be the Rules and Regulations or Policy
Manual. The existing manual is basically good. It just needs some updating, which the
Deputy Chief is working on. It will be addressed later in this report.
Another area of concern is the Management of Information, including the budget
process. Personalities need to be put aside, teambuilding needs to begin. Nazareth will
never move forward until everyone is working on the same team. The Budget is an
important issue and also will be discussed in the report.
Leadership has been mentioned many times during the on-site interview process.
The hiring process needs to follow the civil service guidelines and hiring part time outside
those guidelines has caused problems. This is no reflection on the current Chief or Deputy
Chief, but the process needs to be followed to avoid problems in the future.
Officers need to have some incentive to move upward in the department. Even
though the department is small it could use a first line supervisor. Another thought might be
to create a Police Officer First Class position, whereby an officer would be recognized for a
certain number of years on the job and a specific time period in which the officer was free
from any disciplinary action. It would be more of a status rank with the officer displaying
one chevron on the sleeve. There is also a need for first line supervisor training, which
Officer Koch could have used back in 2005, when he was designated the Officer-In-Charge
for a considerable amount of time. The chain of command is also being circumvented
resulting in the weakening of the police organizational structure. These are some of the
issues that need to be addressed in the remainder of the report.
If the suggestion of PFC (Police Officer First Class) were to be considered there
would need to be a change in the ordinance, the same as if the rank of Corporal were
introduced to the department. Criteria would be developed in addition to a job description.
If the PFC rank were to be considered as more of a status symbol of years of service,
combined with no disciplinary action within a certain period of time, the Borough and the
Police Association could agree it upon.
RECOMMENDATIONS
POLICE EXPENDITURES
The Secretary/Treasurer provided a copy of the final Treasurers Report for the year
2014. The figures contained in the report are used to provide some insight as to the cost of
policing in the community. However, to someone not connected with the Borough of
Nazareth the expenditures appeared to be somewhat excessive and not necessarily with the
police department, which is usually the largest expenditure that a municipality has to fund.
After reviewing the budget figures more closely, a few figures began to surface that
would provide an explanation and show that 2014 was not a normal year in the Borough of
Nazareth regarding expenses.
For example, not many smaller municipalities have a
municipal pool as part of their recreational budget. Nazareth does have a pool and it needed
to be replaced. So the total for line item 451 Recreation was $2,057,573.72, which far
exceeded line item 410 Police which totaled $817,770.71.
Another expense, which was somewhat large, was the Fire Departments line item
411 of $745,452.29. However, a closer looked revealed that the Fire Department needed a
new piece of Fire Apparatus for $647,104.00, which ended up being $47,104.00 over
budget.
Public works line item 430 was $660,163.69, which was actually $333,446.21 under
what had been projected for the years expenses. Apparently the Public Works Employees
contributed time, effort and expense in the pool project.
The line item totals were compared with the overall municipal budget total and
ranked to show where 94% of the larger expenditures were needed to efficiently operate
Nazareth Borough for the year 2014:
Total Capital Outlay for 2014: $6,569,380.22
#1 Line item 451 Recreation
#2 Line item 410 Police Dept.
#3 Line item 411 Fire Dept.
#4 Line item 430 Highway Dept.
#5 Line item 427 Sanitation Dept.
#6 Line item 480 Miscellaneous
#7 Line item 400 Administration
#8 Line item 409 Buildings
$ 2,057,573.72
$ 817,770.71
$ 745,452.29
$ 660,163.79
$ 616,829.68
$ 592,751.87
$ 451,131.90
$ 270,828.65
31.32%
12.44%
11.34%
10.04%
09.37%
09.02%
06.86%
04.12%
23
time officers in addition to the Chief for eight months of the year. Therefore, the salaries of
part time patrol officers was over budget by $16,185.00 and the overtime for full time
officers was over budget by $18,975.00. Fortunately, the Chief was able to conserve in
many other areas of the budget and the overage was limited to less than $5,000. A check
with the previous years police budget indicated $124,000.00 under budget.
The line items that were over budget in the 2014 police budget are as follows:
(Dollar figures are rounded)
Chiefs Salary
PT Police officer
Longevity
FT Officer overtime
Shift differential
Gas/oil
Ammunition
General expense
Repair parts
Advertising/printing
Maintenance vehicles
Maintenance park meters
TOTAL:
$ 2,170.00
$16,185.00
$ 1,548.00
$18,795.00
$ 1,414.00
$ 232.00
$ 568.00
$ 849.00
$
88.00
$ 199.00
$ 479.00
$ 138.00
$ 4,265.00 ($1.25 less due to rounding)
It was estimated that the officers provided approximately 14,000 hours of service to
the Borough. This figure does not include the Chief of Police, whose primary function is
administration. It was pointed out that 2014 was somewhat unusual budget-wise and it
effected the police department as well.
If four officers worked each day filling four 12-hour shifts the annual total without
overtime would be 17,520 hours (4,380 hours for one shift per year x four shifts per day =
17,520 hours).
Nazareth Police only had two full time officers working for the entire year. It was
already estimated in the previous section that full time officers contribute an average of
1,791 hours. There were two full time officers that worked slightly more than 1/3 of a
year, which is approximately 610 hours each.
Using the hourly pay rate of part time officers ($22.00) per hour it was estimated that
they contributed 8,690 hours of regular time ($191,185.00 $22.00) and an additional 437
hours of overtime ($14,438.00 $33.00 = 437 hours) Using the senior patrol officers
salary ($60,853 2,190 hours) it is estimated that the hourly rate is $27.78, resulting in an
overtime rate of $41.67. Full time officers worked an additional 739 hours ($30,795 OT
$41.67 = 739)
Estimated hours of work for 2014 based on budget figures:
24
3,582 hours
1,220 hours
739 hours
8,690 hours
437 hours
TOTAL:
14,668 hours
Officers worked an estimated 14,668 hours in the Borough of Nazareth. The goal of
the department should be to have two duty officers on shift at all times. This was
somewhat of a concern during the on-site interview process. Officer safety is always a
concern. It has already been determined that full time personnel contribute 1,791 hours.
Newer officers having less time in rank would contribute more time since they have less
seniority. If the total amount of hours 17,520 were divided by the availability factor
without any other consideration it would take ten full time officers to patrol the Borough of
Nazareth (17,520 hours 1,791 = 9.78 officers). Personnel will be discussed in the
Projected Future Staffing section of this report.
The International Association of Chiefs of Police have utilized a formula for many
years in determining personnel needs based on the number of calls responded to by the
police department. They have found that police, on the average, respond to 55 calls per
1,000 persons on an annual basis. Since Nazareth Boroughs population is 5,723, it is
estimated that the police handle approximately 3,148 calls per year (5,723 x .55 = 3,148).
The above information on the number of hours worked and the number of calls
responded to is to provide the following information regarding police expenditures in the
Borough of Nazareth.
The total Municipal Budget for 2014 was $6,569,380.00.
was $817,770.00, which is 12.44% of the total municipal budget.
25
26
$6,569,380.00
$ 817,770.00
12.44%
$ 733,598.00
89.7%
$ 566,522.00
77.22%
$ 158,154.00
21.55%
69.27%
19.33%
$
55.44
$
260.00
$
143.00
$
299.00
The budget expenditure section has few recommendations because its statistical
data to be reviewed and analyzed by the Mayor, Chief and members of the police and or
finance committee. It is very important that the Chief be an integral part of the budget
committee. He cannot be expected to be responsible for expenses if he has no background
knowledge of how the line item amounts were arrived at. Remember in running any
business TEAM WORK is necessary for it to be beneficial.
It might be noted that the final police expenditure for the year 2013 was
$633,650.00, which was $124,029.00 under the projected budget figure of $757,680.00.
The projected cost of providing police service from Colonial Regional Police Department
for the year 2013 was $912,622.00 (a significant difference of $278,972.00)
The final expenditure figure for the year 2014 was $817,770.00, which was
$4,390.00 over the projected figure of $813,380.00.
A reasonable explanation was
provided for the difference. The projected cost of providing police service from Colonial
Regional for the year 2014 was $917,812.00 (a difference of $100,042.00).
The 2015 budget has not been completed but the projected cost to provide police
service for the year from Colonial Regional was $955,722.00, which is a $37,900.00
increase over 2014.
RECOMMENDATIONS
cleared assault cases and seven theft cases in 2013. The police no longer have an
investigator, so the patrol officers need to follow up on their own cases.
There was an increase In the Part II or less serious offense category with 257
documented in 2014 compared to 215 the previous year. There were four simple assaults
recorded compared to ten the previous year. Only two of those were solved compared to
eight the previous year. Fraud complaints almost doubled rising from ten in 2013 to
eighteen in 2014, where vandalism complaints dropped almost 50% with 43 being reported
compared to 80 the previous year. Two of the fraud cases and two vandalism cases were
solved. Narcotics cases almost tripled with 35 being documented in 2014, while 10 were
documented the previous year. A total of 26 drug cases were cleared in 2014 compared to
10 the previous year. There were 27 alcohol related, DUI, Underage drinking and public
drunkenness recorded in 2014 compared to 16 the previous year. There were 21 arrests in
2014 compared to 10 in 2013. There were 77 disorderly conduct complaints documented in
2014 compared to 51 the previous year. There were 12 disorderly arrests compared to 9 the
previous year. Overall a total of 96 cases were cleared in 2014 compared to 73 the previous
year. Overall 29.3% of the reported cases were cleared in 2014 (96/327) compared to
23.9% the previous year (73/305).
Cases are cleared either by arrest or by identifying the suspect but being prevented
from making an actual arrest such as a murder/suicide or a suspect being a family member
in a theft or fraud case and the victim refusing to testify. The solvability factor varies
depending on the crime.
Burglary and theft type crimes usually have a lower solvability factor due to the
victim and suspect being a stranger, whereby homicide and assault cases have a higher
solvability factor since many times the victim and the offender are known to one another.
During the year 2014 the Chief, two full time officers and numerous part time
officers worked the duty schedule. It was not until August when two more full time officers
were added to the schedule. There were no more investigators to do follow up
investigations, so it was necessary for the patrol officers to do their own follow up.
Any citizen can go to the PA State Police website by typing in PSP UCR. Once
the page appears the actual UCR specific information can be obtained by selecting certain
fields. However, the PSP offer a simpler version called PA Aware, which shows a
municipalitys comparison in certain crime categories with that of the County. Any
municipality can be viewed and a comparison made with other municipalities. Below is a
comparison of Nazareth Borough, Colonial Regional, Upper Nazareth Township, Palmer
Township, Stockertown and Tatamy.
The comparison shows how many crimes were solved in certain categories. The first
number is the number of crimes solved, then a diagonal slash / in front of the number of
crimes reported and a clearance percentage. The only number shown for the county is the
clearance rate in each category of crime. Also note the 25% clearance rate for the county.
29
This indicates that the county solved all their homicide cases in 2014 and solved one
or more cases that occurred the previous year. Crime clearances can be carried over from
one year to the next.
Municipality Homicide Sexual
County
125%
52%
75%
Robbery Assault
35%
89.86 % 23.7%
Nazareth
0/0
0/0
7/15
12/118
46.67% 10.17%
Colonial
0/0
Upper Nazareth
0/0
0/2
0%
Palmer
0/0
2/9
22.0%
Stockertown
0/0
0/0
0/0
1/1
100%
Tatamy
0/0
0/0
0/0
0/0
84.92% 99.81%
26/35
74.29%
9/11
1/6
28/34
291/766 82/87
81.82% 16.67% 82.35% 37.99% 94.25%
0/0
0/0
2/9
22.22%
6/93
6.45%
4/9
44.44%
24/35
119/497
68.57% 23.94%
2/4
50%
19/24
79.17%
82/83
98.80%
11/19
57.89%
12/13
92.31%
32/35
91.43%
0/0
0/0
0/0
0/28
0%
0/2
0%
2/3
66.67%
Its obvious that Colonial Regional has the largest area with Lower Nazareth,
Hanover Townships, Bath and Chapman Boroughs. After Colonial Regional and Palmer
Township, Nazareth Borough has the third highest number of incidents. The clearance rate
for Nazareth Borough is lower than the county average and the two larger agencies.
However, considering that there were only three full time officers for nine months out of the
year its not bad. When the opportunity to conduct follow up investigations is hampered
due to lack of personnel it becomes somewhat frustrating.
On a broader scale the FBI reports that in 2010 47.2% of violent crimes were cleared
through arrest or exceptional means and 18.3 % of property crimes were cleared. Generally
property crimes have a much lower clearance rate because they are committed by sneak
thieves, whereas victims and suspects are more likely known to one another in more violent
crimes such as murder, rape and assault cases.
In order to review the above information regarding any municipality they must
access the system in the following manner:
1) Enter search for PSP UCR
2) PA Uniform Crime Reporting System will appear
30
3)
4)
5)
6)
7)
8)
9)
The Police use a software package called Alert from Metro Technology. As officers
enter their reports in the system it captures certain specific information that is necessary to
document for the PA State Police and the F.B.I. for the Uniform Crime Reporting System.
Officers need to document the values of all items reported stolen in the various categories of
crime. They need to document the age, sex and race of all victims and offenders. This is
data that is recorded in the UCR system for the FBI and state police. At the end of the
month the report is printed. The ALERT system does a self-audit and if certain information
is missing it will print out a report and the information needs to be corrected in order for it
to be submitted to the PA State Police.
A common error for police officers is to list the value of stolen merchandise in the
narrative section of the report but forget to click on specific fields and enter the data in those
specified areas. The report on a theft will show items that were stolen in the narrative
section of the report but the officer may not have documented a value of the stolen
merchandise if a specific field.
The report can be completed with the information missing, however at the end of the
month when the report is printed the self-audit system will pick up on the error and the
Administrative Assistant has to go back into the original report and correct the error. If the
report were submitted without the correction the PSP would not know and they would
accept whatever information is forwarded on-line.
While reviewing some incident reports I found four that had some discrepancies and
documented the case numbers. I spoke with Victoria Rubio the Administrative Assistant to
the Chief and addressed the discrepancies. She told me that at the end of the month in
which they occurred she found the discrepancies and corrected them. She said she makes
the corrections in the computer but does not print out another report for the paper file.
The following reports were checked and were corrected:
2014 0184 Theft from a garage (actually a burglary involving $1,100 in tools). It
was listed as suspicious circumstances. The victim did not want to report the theft to
Nazareth PD. He wanted the State Police to investigate the incident.
2014 0206 No value on five pieces of stolen jewelry.
2014 2496 No property shown on theft of $471 in cash.
31
32
Chief. Nazareth has a rather comprehensive policy (2.16.00) on the subject of citizen
complaints. They appear to be addressed in a timely fashion.
During the on-site interviews there were a few comments made regarding officers
spending a lot of time in certain areas of the Borough. Two locations that were mentioned
were the Fire Department and the athletic fields in the area of the parochial school. If this
appears to be a problem it should be brought to the attention of the Chief so the matter can
be addressed with the officers.
Obviously the more positive interaction that the police have with the public the more
cooperation they should have when wanting information regarding an incident or crime that
is being investigated.
RECOMMENDATIONS
33
1
1
1
53
957
1
93
1,454
The Municipal Police Officers Education and Training Commission published their
analysis of police departments in the Commonwealth that fall under their jurisdiction
(September 2009 Newsletter): *This information is currently being updated by MPOETC.
1,058
34
6
37
38
1
3
1
1
* 1,135
officers
officers
officers
officers
officers
307
295
442
76
19
agencies
agencies
agencies
agencies
agencies
940
2,337
7,435
3,688
9,823
officers
officers
officers
officers
officers
34
9,999. Significantly, 77.5% of all Municipalities in the Commonwealth are under 5,000
population. A total of 48 of the 67 counties in Pennsylvania are considered Rural. There
are 1,592 Municipalities with a population of 3.5 million that are considered Rural.
The Pennsylvania State Police service 1,266 Municipalities exclusively. There are
1,295 Municipalities, serviced by Municipal police. There are 988 Traditional Police
Departments consisting of 855 full time and 133 part time departments. There are 115
consolidated Police Departments and another 192 Municipalities that are contractually
serviced by another Police Agency. Currently the Commonwealth has 18,382 full time and
4,605 part time police officers. Keep in mind that nationally Pennsylvania has more local
police departments (965*) than any state in the United States. (*only full time departments).
If the 133 part time departments were added, the figure would be the same as the MPOETC
Certification figure of 1058 Municipal police, 34 Regional police and 6 University police
(not campus public safety or security/ actual full time college/university police agencies).
Currently Nazareth Police Department consists of a Chief, 4 full time officers and a
fluctuating number of part time officers. The number declined from 10 part time officers to
6 part time officers during the study. An experienced veteran officer, who is a consultant,
was hired as the Deputy Chief just prior to the initiation of the study. He was hired to work
on updating the Policies, Rules and Regulations, disciplinary matters and training. One
inexperienced part time officer was hired in May and was in field training. Neither the
Chief nor the Deputy Chief is on the daily patrol schedule.
The four full time officers work 12-hour permanent shifts. The two senior full time
officers work 0600-1800 on alternating days and the remaining two full time officers work
1800-0600 on alternating days. There are two other power shifts from 1600-0400 that are
currently being filled by part time officers. The schedule also requires another day shift
0900-1800 (9 hours) usually filled by a part time officer. Other fill-in shifts (9 hours)
include 1800-0300, 1400-2200 (8 hours), 2330-0300 (3.5 hours) and 2330-0600 (6.5 hours),
all of which are being filled by part time officers.
The Chief works the typical day shift (0830-1630). The Deputy Chief works a 32hour-work week (0700-1500) Monday Thursday. Neither of them is on the patrol
schedule. It might be noted that the patrol schedule is attached as an addendum to the
Collective Bargaining Agreement.
As pointed out previously patrol is the backbone of all police departments and the
patrol schedule is a priority. The Borough is too small (1.7 sq. miles) to divide into patrol
zones; however there are some points that should be covered when addressing patrol needs.
There should be guidelines on departmental operations in the Policy or Rules and
Regulations manual. It was pointed out previously that Chief Sinclair indicated that he
found the department was lacking in operational procedures. The Deputy Chief is currently
reviewing the Manual and will update what is needed in the patrol and operations area.
35
The current patrol schedule is set up to provide two- officer coverage on all shifts
except the overnight shift. A part time officer supplements the full time officer on each
shift. There is one officer patrol between the hours of 0300 and 0600, 0300-0900 on some
mornings and 2200-0900 Saturday nights into Sunday morning. There should be two
officers working on all shifts for officer safety reasons. The biggest problem is replacing
someone who calls out sick. Finding a replacement can be a problem. There are only 4 full
time officers and now the part time staff has dwindled down to approximately 6 officers and
they may already be working do to the lack of full time officers. When full time officer calls
off sick, a part time officer can be called to replace them however, if a part time officer calls
off, the full time officers are called first and then the part time officers.
Depending on the time of day or night and the shift there are higher volumes of
traffic, possibly necessitating enforcement. Traffic accidents occur more frequently during
peak periods of traffic so there should be a minimum of two officers on patrol.
In order for patrol to be effective the following points need to be addressed:
Although the Borough is only 1.7 square miles in size, it has 20 miles of
Municipal Streets and another 5 miles of state roadway to be patrolled, which includes
parks, businesses, Moravian Square, schools, etc.
36
Police activity has been calculated over the years and has been divided into three
basic time periods (originally designed for the 8-hour shift):
22 percent of activity
33 percent of activity
45 percent of activity
In many communities the busiest part of the day is from 1600 hours (4PM) through
2100 hours (9PM) since businesses and work places are closing between 4PM and 5PM,
commuter traffic becomes heavy in certain areas. Motorists stop at shopping centers on
their way home, some stop for Happy Hour at a local tavern, which can lead to accidents
or domestics upon arrival at home.
This data can be analyzed and additional personnel added to the shift if needed. This
time period is usually the busiest of the day.
When the Borough was negotiating with the Colonial Regional Police Department,
former Mayor Fred Daugherty sent a Memorandum to Chief Roy Seiple requesting the type
of patrol coverage that Nazareth would like implemented. The Mayor made the following
requests on behalf of the Borough of Nazareth:
Since the above tasks were requested for patrol from Colonial Regional Police it
would be reasonable to believe that the same patrol functions would be expected from the
Nazareth Borough Police Department. Therefore, they will be included in this report.
37
The use of personnel will be analyzed in the Proposed Staffing section, however it
was pointed out earlier in the report that 4 officers working every day on four 12-hour shifts
equates to 48 hours of patrol service daily times 365 day per year equals 17,520 hours of
patrol duty per year.
The four full time officers contribute approximately (1,791 hours) each toward that
amount, which totals 7,164 hours, leaving a balance of 10,356 hours to be filled by part time
officers or new full time officers or a combination of both. If the 10,356 hours were 1,791
hours each (10,356 1,791 = 5.78) the result would be an additional 5.78 full time officers.
In the beginning the full time contribution would be more than 1,791 because new
employees receive fewer benefits (vacation, personal, sick days). However, it does give
some indication of what lies ahead for the future.
It also might be noted that the officers no longer complete a daily log of their
activities. They sign a daily attendance sheet and fill out a mileage log. This will be
addressed in the Records and information Section.
RECOMMENDATIONS
38
39
groups of policies at one time but it was not happening as quickly as the Deputy Chief
thought it would. I also reviewed some emails going back and forth between the Chief and
Deputy Chief regarding changes.
I did a cursory review of all the policies and will make some comments on the initial
Policy and Procedural Manual. There is no reason that the original manual could not have
been adopted in 2010 after the Chief had completed it. Unfortunately, that didnt happen
and it brings the department and council to where it is today.
The manual is divided into Chapters, which are listed below. Each Chapter has
numerous individual General Orders that are listed as Directives. The Directives are
paginated; however the pages start over with each Directive, which necessitates the use of
the index frequently.
Part I
Part II
Part III
Part IV
Part V
Part VI
Part VII
Part VIII
Part IX
Part X
Part XI
Part XII
Direction
Direction
Use of Force
Reporting Use of Force
Prisoner search/escort
Transport of prisoners
Processing/holding area
Pursuit
40
Health precautions
Processing prisoner
Juvenile procedures
Juvenile procedures
Hate crime (biased) *
Harassment work place
Domestic violence
Training
Recruitment
Selection/recruitment
Hiring/firing
Disciplinary procedures
1.12.00
9.08.00
10.05.00
9.05.00
1.10.00
1.11.00
9.01.00
2.13.00
2.00.00
2.00.00
2.16.00
2.16.00
Blood-borne pathogens
Fingerprinting/photographing
Juvenile arrest and processing
Juvenile, care, custody and record
Biased based policing
Harassment prevention program
Domestic violence/protection ord.
Training and career development
Recruitment and selection process
Recruitment and selection process
Professional standards/ and
Internal affairs
A specific policy on Hate Crime could not be found; however the department does
have a policy on Biased Based Policing or in common terms Racial Profiling.
I did telephone Deputy Chief Miller and asked if he knew of a specific policy and he said
that he didnt but that the officers should be familiar with the problem based on their policy.
He did say that he could check the regulations from his previous employer, Bethlehem
Police Department since they were both nationally and state accredited. I advised him that
all of the mandated policies should be reviewed for upgrading if necessary (a sample policy
from H.A. Thomson is available if needed).
The following observations were made during the policy manual and regulations
review. These are the recommendations for the current policies. The Deputy Chief is also
reviewing the policies; therefore some of these recommendations may have already been
corrected.
A District Judge now presides over District Court hearings. When the manual was
originally drafted the Judges were referred to as District Magistrate. The term
appears from time to time throughout the manual. Prior to the term District Judge
they were also referred to as District Justice.
1.01.00
Frameword
FRAMEWORK.
of
Police
Operations
in
INDEX
should
read
1.03.00, III Borough Code has been revised. Check Corporate Powers, etc.
1.03.00, III, C, 1, b - Non-certified officers may not make arrests (may want to add
write citations or carry a firearm.
1.05.00, III, B, 2, a Rank structure - Add DEPUTY CHIEF.
1.06.00, III, A, 1 Only Chief can issue or modify General Orders (Do you want to
add Deputy Chief)
41
42
43
authorization for off duty carrying of personal firearms. If an off duty officer is
carrying a firearm on a concealed carry permit and uses the weapon, the
municipality will be brought into a lawsuit and it is much better to show that there
was a regulation in place concerning proficiency rather than saying it was not
authorized and it doesnt concern the municipality. State law allows police officers
to carry weapons off duty, however MPOETC does not have a regulation concerning
off duty firearms.
4.02.00 through 4.0500 covers firearms, TASER, chemical agents and batons. These
are areas that should be reviewed on a regular basis.
5.00.00 through 5.19.00 covers areas dealing with patrol (in progress calls, alarms,
stolen vehicles, fire calls, ambulance calls, emotionally disturbed persons, disorderly
conduct, animal complaints, underage drinking, harassing calls, landlord tenant
disputes, preliminary death investigation, command notification, fraud, counterfeit
money, identity theft, retail theft, emergency message delivery, intoxicated persons,
violations of health and safety)
6.00.00 through 6.12.00 covers traffic patrol and enforcement (vehicle operation,
seat belts, vehicle pursuits, traffic enforcement, parking enforcement, motor carrier
safety, vehicle crash investigation, abandoned vehicles, towing, vehicle inventory
DUI, vehicle lockouts, confiscation of operators license or registration)
7.00.00 through 7.04 covers investigations (crime scene responsibilities, vice, drugs,
organized crime, computer/electronic devices, search and seizure, search warrant
execution, detective bureau, special investigations)
8.00.00 through 8.15.00 covers unusual occurrences (emergency notification
department personnel, 10-13, officers seriously injured or killed, rapid intervention
plan, aviation emergency, civil disturbance, mass arrest, bomb threat, bomb
emergency, diplomatic immunity, hostage barricaded situations, critical incident
management, hazardous material, weather emergency, response to terrorism, persons
recording police employees, special emergency response team SERT, officer,
involved shooting).
9.00.00 through 9.10.00 covers legal mandates (MPOETC, domestic violence,
missing persons, missing children, AMBER ALERT, reporting child abuse, juvenile
care and custody, sexually violent predators, victim /witness services, fingerprinting
/ photographing, release of information, court procedures)
10.00.00 through 10.07.00 covers arrest process (legal process, physical arrest,
search of individuals, transport of persons in custody, temporary detention, juvenile
arrest and processing, Northampton County Central Booking, and DUI Center)
44
1.00.00
1.01.00*
1.06.00
1.07.00
1.09.00
1.10.00
2.02.00
45
2.07.00
2.11.00
2.13.00
2.16.00
3.00.00
3.04.00
3.06.00
3.08.00*
4.00.00
5.03.00
5.07.00
5.08.00
5.20.00
6.00.00
6.01.00
6.02.00
7.04.00
8.11.00
9.09.00
NEW DIRECTIVES:
4.06.00
5.21.00
1.05.10
2.13.10
2.13.11
The Chief sent an email to the Deputy Chief on March 9, 2015 regarding the following
policies with his comments:
3.00.00
3.04.00
3.08.00
6.03.00
7.04.00
8.01.00
10.02.00
4.03.00
1.06.00
1.07.00
1.09.00
1.10.00
Uniforms - OK
Mobile Video Recorders (MVR) Verify policy is for two systems
Mobile Data Devices (MDD) OK
Traffic enforcement procedure - change 30 days to 20 days
Detective Bureau / Special Investigations OK
NOTE: The term
Investigative Unit would seem more appropriate
for a department that does not even have an investigator.
Officer requesting assistance OK
Search for Individuals - OK
TASER, CEW Unit OK
Written Directive & Dissemination page How does officers sign?
Accounting practices OK
Information Technology Systems OK
Biased Based Policing OK
46
1.13.00
2.07.00
2.13.10
2.13.11
47
48
Avoiding one-on-one relationships on the part of the elected officials and dealing
with the person in charge of the police department as a body does much to strengthen the
chain of command and place responsibility and accountability for police department
operations where it should be, with the chief of police.
Some communities use police or public safety committees to strengthen ties
between the governing body and the police department and to assure the soundness of the
decision-making process. Such committees are composed of elected members of the
governing body who possess whatever power the entire council gives them. Normally, the
control of finances is a major function of the committee. The police department must
secure the approval of the committee to purchase supplies and equipment of a minor
nature, while major purchases require approval of the entire governing body.
The committee may also serve as a sounding board for proposals from the
police department relating to changes in the operational procedures and personnel
changes. If the committee supports the proposal it may play the role of an advocate and
actually set up selling the idea to the entire governing body.
Police or public safety committees may serve a useful purpose in some communities,
while they are an effective deterrent to effective police administration in others. Committees
such as these must have identified roles, functions and responsibilities. The committee
should not be permitted to assume what its duties and functions are without guidelines from
the governing body. The authority to supervise the police should not be given to the
committee as individuals or as a group. The Mayor is the individual who is responsible to
the community for effective police service and all inquiries regarding policy and procedure
should be directed to the Mayor.
Nazareth Borough has an active Police Committee who meets with the Chief and
Mayor on a regular basis. The members of the committee, the Mayor and the Chief all have
defined roles as indicated above. The committee can make recommendations to the entire
council regarding specific requests from the Chief and Mayor.
One complaint received through the on-site interviews was that of missed training
opportunities due to the length of time it took for approval from the initial request, through
the Chief, Mayor, and committee and finally approval from the council. The new Deputy
Chief has now been placed in charge of training and hopefully will help to expedite the
process. As per the collective bargaining agreement each full time officer has a specific
amount of training time that needs to be utilized in addition to the mandatory training
required by the MPOETC. Since there are only four full time officers at this time and a
patrol schedule that needs to be met it is of the utmost importance that this type of training
needs to be scheduled far enough in advance so that the desired goals of filling the patrol
schedule and scheduling training needs can be accomplished throughout the year.
The committee needs to understand that there are not enough full time personnel to
adequately fill the schedule, without filling the vacancies with part-time officers. Most
part-time officers are looking for fulltime employment and therefore are only temporary
49
help until they are offered a fulltime position with another agency. This happened several
times while the on-site study was taking place. It might be noted that in the Colonial
Regional Police Proposal it called for five patrol officers, two supervisors and one
investigator to cover Nazareth Borough if service were provided. One reason there was a
need for only five officers is that other officers from Colonial Regional could assist those
assigned to the Borough if a serious problem arose. Police personnel will be covered in the
future staffing section of the report.
Municipal policing has become very complex over the past twenty years, compared
to years past. The individual rights of citizens, the liability of the municipality, elected and
police officials must now accept for the performance or nonperformance of police officers,
and the limitations placed upon the action of police officers by the courts mandate extreme
care in the exercise of police authority.
These developments place additional burdens on those responsible for supervising
and overseeing the police function. Police Chiefs are probably more aware of these
limitations than anyone because it is their lifes work, their chosen career that is on the line.
The Chief will be there in some capacity when the current elected officials have departed
and new officials have replaced them. On the other hand the Mayor and council members
are not normally knowledgeable of the limitations that have been placed on the police by
society and the courts.
Recently police in Missouri, New York and Baltimore, as well in other areas, have
been accused of police brutality and when grand juries ruled in Missouri and New York that
officers acted within the scope of the law and would not be charged riots resulted placing
police on the front lines again against hostile groups. Six officers in the City of Baltimore,
MD have been charged with the death of a prisoner in their custody.
Mayors of police agencies are put in very uncomfortable positions because by law in
Pennsylvania and in other states they are the executives in charge of the police department,
but they have had no background in policing or police training. Therefore, it is wise that
they not assume the role of a senior police officer and become involved in making
decisions that should only be made by a trained officer.
However, since the Mayor is looked upon as an authority figure, officers comply
with the Mayors request or directions in certain situations, which may not be in the best
interest of the police department. The appropriate role of the Mayor in municipal policing
should be that of liaison between the municipal government and the police chief, holding
the police chief accountable for carrying out the policies established by elected officials and
for the effective operation of the police department. It is very important for the
organizational structure of the police department that the chain of command is adhered to.
RECOMMENDATIONS
51
If the Chief advises the Mayor and the police committee that he needs to
purchase ammunition and the money has been allocated in the budget it should not be
necessary for pre-approval again at a council meeting. Council certainly needs to approve
the invoice for the purchase but it should not be necessary prior to the purchase. The police
committee plays an integral part of this process. The Chief and Mayor can certainly advise
them in advance that a purchase would be needed prior to the next scheduled council
meeting. Training falls into the same type of situation. If the Chief advises the Mayor and
police committee that he needs to have someone registered for a training session prior to the
next scheduled council meeting it should be authorized if the money has been allocated in
the budget.
In the 2014 budget it was necessary to spend $200 for a TASER instructor to recertify the officers in the use of the TASER because the department did not have its own
instructor. At the March 2015 meeting council approved $350 to send an officer for
TASER Instructor Training, which is money well spent. Nazareth now has its own TASER
Instructor. Once again if money was allotted in the budget for training and its necessary to
have someone trained, the Chief should be able to advise the Mayor and with his approval
(and police committee if needed) send the officer for the training and submit the invoice for
payment to the Treasurer and Borough Council.
If the Chief is part of the budgetary process from the beginning and provides
legitimate requests for various budgetary items and they are approved in the budget, he
should be the one responsible for their expenditure, with the approval of the Mayor (and
police committee if necessary). He should be included at all the budget meetings and after
final approval be the responsible party for the budgetary expenditures. Part of this process is
becoming familiar with the various line item numbers required for purchase orders when
submitting to treasurers office.
RECOMMENDATIONS
53
54
Keeping track of an officer and their assignments during a 12-hour tour of duty can
be a chore in itself. There is paperwork for everything, except a daily log. The majority of
police agencies require that their personnel maintain a daily log of their activities, so that
anyone can look at the log and see what time an event happened.
The department actually has a Daily Log form, which was used in the past, but it was
discontinued at some point, being deemed as not necessary, and an additional form that
would have to be checked and documented by a supervisor.
basis:
Officers working the various shifts use the following forms on a daily or frequent
Note: The Daily Log, which is no longer used, is a back to back form, which
contains the officers name, badge number, begin and end time, all vehicle information, list
of officer activities, and a chronological log of all service calls, assisting units, incident
report number. It actually includes all of the above information in a more abbreviated form.
It would eliminate the Daily attendance record, the daily mileage log sheet and the vehicle
deficiency sheet. It would not replace the Numerical incident log, or the Arrest detention
log. A supervisor on a regular basis would check the log for statistical information.
INCIDENT REPORT PROCESS:
The following procedure is used after the police are dispatched or discover an incident:
55
NCR 911 dispatcher assigns the next number and faxes paperwork (referred to as
the RIP AND RUN dates, times, arrival, departure, any other information that
pertains to incident) to HQ
The officer records the incident in the incident log, which remains on the police
desk (this is a different number than the County Incident Log)
The officer inputs all the information into the Alert Software system in order to
create report
The officer prints the Alert incident Report and staples the Rip and Run to the
back of the hard copy
The officer puts the hard copy in the approval box for the Chiefs review
The Chief reads each report and approves or disapproves the report via the Alert
Software System
The hard copies are forwarded to the administrative assistants desk for filing
If an arrest is made and the defendant is brought back to Nazareth Police
Department additional paperwork needs to be completed such as cell log, temporary
detention form, record of supervision, detainee medical evaluation, prisoner person
property record.
Police complaint (warrant or summons) needs to be completed
All arrested persons need to be transported to Central Booking which is located at
the Northampton County Jail in the City of Easton
The officer needs to have a video arraignment for the prisoner (travel time each way
approximately 1 hour, video arraignment process approximately 1.5 hours, however
there is no specific time depending on how busy the processing (booking)
personnel are with their own prisoners or other prisoners brought in by other
municipalities.
Not all suspects are incarcerated in the county facility. If the individual were able
to post bail or be released on their own recognizance (ROR), which refers to being
freed on their own signature.
Note: If officer is working alone the Borough is unprotected for whatever length of
time it takes for the entire process to be completed.
The chief checks all the reports as they are turned in and initials them after he
reviews them. If the report is satisfactory it is turned over to Victoria Rubio the
Administrative Assistant who files the reports numerically in a file cabinet in her officer if
the report is not satisfactory and lacks information the report is returned to the officer.
If a suspect is arrested, a separate arrest file is made and the arrest files are stored in
a file cabinet in the front of the police department, in front of the mens locker room,
adjacent to the processing room and detention cell area. The police department is under
video surveillance.
56
files:
On December 14, 2014, I did a cursory search of the arrest files and examined four
2014-3066
Assault Case that occurred on October 13, 2014 (Officer Lahovski). The file
contained incident report, supervision temporary detention form,
witness list, medical evaluation form, fingerprint card, domestic violence
form, statement, photograph, criminal complaint (warrant), CAD incident
(Computer Aided Dispatch), motor vehicle check, criminal history
Record check, mug shot (photo of suspect), commitment paperwork
(incarceration), preliminary hearing notice for court and an arraignment
notice for court. (file appears to have all necessary paperwork)
2014-2872
2014-1772
2014-3591
57
In a previous management study the police agency had a check off list sticker
Placed inside each manila folder with the following reminder placed on the sticker for each
case file:
On January 13, 2015, a cursory check of the files in the Administrative Assistant
Receptionists Office revealed the following:
2014-0001
Assault Supplement report tense Ms King punch him/ tense and pull him into her face / spelling was not able to pull is face/
58
2014-0003
2014-0004
2014-0005
2014-0006
2014-0007
2014-0008
2014-0102
Accident Non-reportable
(Schleig)
(OK)
2014-0103
Accident Non-reportable
(Rizzotto)
(OK)
2014-0104
2014-0113
2014-0116
2014-0142
(OK)
(OK)
The above reports were checked and most were found to be OK. However, 7 of the
reports are considered non-incidents, which mean that they cannot be counted when
applying a personnel formula. Non-incidents are those calls where the officer can leave the
call to handle a higher priority call.
The officers are performing a function that may be required in their municipality and
are documenting their actions in a report; however the actions are placed in a non-incident
category. Most motor vehicle stops are considered non-incidents unless the stop turns into a
higher classification of offense such as DUI, possession of narcotics, weapons, stolen car,
stolen property, etc.
On February 12, 2015 I asked Administrative Assist Victoria Rubio to print a list of
different categories of crimes that could be used as a resource to look through the filing
system. She provided the following summaries:
103 false alarms (burglary)
59
On February 19, 2015, a cursory check was made of 75 reports that were sitting on the
floor of the Administrative Assistants office waiting to be filed. I listed 12 of those reports
for documentation purposes:
2015-0433
2015-0470
2015-0411
2015-0483
2015-0473
2015-0332
2015-0391
2015-0395
2015- 6308
2015-6308
2015-3000
2015-6312
(OK)
2014-2001
60
2014-0184
2014-0206
2014-0541
(OK)
2014-1246
(OK)
2014-2496
2014- 2610
Victoria Rubio explained that when she prints out the total monthly crime statistics
from the Alert Software System it is audited and important missing information such as the
value of reported stolen property is identified. She has to go back into the system and
correct the report; however she does not print another report. She said that if the victim or
insurance company requests copy of a police report, it would be printed from the computer
not pulled from the original paper file. The explanation is OK as long as everyone
responsible for giving out a report is aware of the practice.
The juvenile files are kept in a locked file cabinet that is located in the interview
room of police station. The juvenile files were not checked.
Accident files are intermixed with the incident reports since they are assigned a
regular incident. If the accident is a PENN-DOT reportable accident (injury, death, or
vehicle towed from scene) the report is done on-line and submitted directly to PENN-DOT.
PENN-DOT will retain the report if is acceptable. If it is not acceptable as per their criteria
they will notify the department to have the report corrected and resubmitted.
RECOMMENDATIONS
Consider adding one more user on the ALERT System. The department now has a
Deputy Chief, who is on the computer frequently. The Chief, Deputy Chief and
Administrative Assist all need to use the computer on a regular daily basis.
Consider re-instituting the daily log sheet for more accountability
Use Case File Checklist for more uniformity in the arrest case files
61
Remind officers the importance of adding the age, sex and race of all victims and
suspects and to put the value of stolen and recovered property in the computer for
Uniform Crime Reporting for the PSP and the FBI
Insure that officers are aware that the original paper copies of incident reports may
not be totally correct. Therefore, a new printout should be downloaded for insurance
requests
62
PERSONNEL RECORDS
Personnel files are confidential. They are usually stored in a secure area and are
accessible to the chief. Some agencies include training documentation in the files, while
other agencies maintain a separate file. If either file is subpoenaed, the other information is
not being provided for review. The one category of information that must be kept separated
from the personnel file is MEDICAL or PSYCHOLOGICAL information. If there is a
cover letter from a doctor or psychologist indicating that the employee passed an entrylevel or promotional exam, it is permissible, but medical or psychological interviews or
exam results cannot be included. A separate file must be maintained.
The following information is usually contained in personnel files:
(These were also provided to Joseph Trella, Human Resource Consultant)
Copies of application
Copies of letters from Civil Service (if applicable)
Copy of council minutes regarding appointment
Copies of background information
Copy of oath of office
Copy of Departmental Order pertaining to appointment
Copy of fingerprint card
Photograph
Copies of letters of appreciation
Copies of commendations
Copies of disciplinary action
Copies of training certificates (unless filed separately)
Copy of MPOETC certification
Copy of Medical approval (not actual medical form)
Copy of Psychological approval (not actual psychological form)
Attendance information (unless filed separately)
Evaluation information
Contact was made with Joseph Trella, Human Resources Consultant, who was hired
specifically by the Borough to work on the personnel files. We exchanged information on
what should be contained in personnel files. Mr. Trella provided the information through
Chris Lilly Borough Secretary via email.
Employee Personnel File Data from J. Trella and Associates:
(Courtesy NOLO Law for All)
63
64
Personnel files in Nazareth Borough were found in three different locations with
duplication. On December 17, 2014, I began a review of the personnel files in the police
chiefs office. I was able to review Officer Shimers file. He is a new officer that was
hired full time August 18, 2014.
On January 2, 2015, the Chief received an email from the Mayor Carl Strye Jr.,
informing him that the Borough had hired Joseph Trella, a Human Resource Consultant, to
complete a background investigation on newly hired Deputy Chief Randall Miller and
review and evaluate the police personnel files.
Deputy Chief Miller is also a Law Enforcement Consultant (LES Consulting
Services) for law enforcement agencies, having served full time with the Bethlehem Police
Department, rising to the rank of Superintendent and also serving as the Northampton
County Sheriff. He was hired in December 2014, on a part time basis, working 32 hours a
week and concentrating on updating the policies, rules and regulations. In addition, he will
be mediating and handling citizen complaints and discipline concerning the officers and
overseeing the training schedule.
The Mayor directed the Chief to bring all the personnel files to his office for a
meeting with him and Consultant Joseph Trella on January 5, 2015. The Chief responded
to the Mayor. The Chief replied back in an email, that he would bring the files; however he
only has files since 2011 since previous Mayor Daugherty removed all the personnel files
from his care in 2011. His memo indicated that since that time he has been sending copies
of all Internal Affairs Investigations and other paperwork through the Borough Office to
former Mayor Daugherty and now to current Mayor Strye.
All the files were removed from the Chiefs Office and placed in a file cabinet in
Mayor Stryes Office. The next opportunity to review the personnel files occurred on
February 5, 2015. There was a third set of files in Secretary/Treasurer Paul Kokoluss
office, which were brought into the Mayors Office by Borough Clerk Christine Lilly.
On February 5, 2015, the Personnel Files of Alan Koch, Fred Lahovski and Stephen
Schleig were reviewed in the Mayors Office. Portions of the files were in the Mayors
office, while the remainder came from the Secretary/Treasurers Office, except for Officer
Schleig. His were all from the Secretary/Treasurers Office.
On February 12, 2015, the remainder of Officer Schleigs personnel files (4 folders)
were found and reviewed in the Mayors office. In addition Officer Shimers file was
reviewed in the Mayors Office. This portion concluded the four full time personnel.
Administrative Assistant Victoria Rubios file was also reviewed.
The following part time personnel files were reviewed: Miroslav Djindjiev, Steve
Lindsteadt, Benjamin Rizzotto, James Troxell, Scott Ledo, Eric Schwab, Jeremy Kahle,
Raymond Semeraro, Nick Timar and PEO Louis Skrapits.
65
It might be noted that the Pennsylvania State Police hired Officer Djindjiev and
Officer Rizzotto was hired full time by Upper Nazareth Township Police. Officers
Lindstedt and Semeraro have both been hired by Lafayette College Police. Officer Timar
has resigned from Nazareth Police Department and PAA Rubio has submitted her letter of
resignation effective July 3, 2015. That is a loss of five part time officers within the past
three months. Only one part time replacement officer with no previous police experience
has been hired (Pompey).
During the review of Officer Shimers Personnel file on December 17, 2014, there
were several documents (MPOETC, Memos, FAX information) that needed to be removed,
which fell under the Medical/Psychological category. The Chief was advised at the time of
discovery and indicated he would remove them (this is the only file that was reviewed in the
Chiefs Office due to the personnel files being transferred to the Mayors Office).
A review of Officer Kochs file on February 5, 2015, revealed standard forms,
evaluation forms, uniform and equipment, a Memo indicating he was MDT Liaison, there
were numerous training documents, letter of recognition, letter of discipline, call off
information, memo on sick days from Chief Sinclair 2008, there were a few documents that
should be removed under the Medial category.
**There was NO standard application, oath of office, fingerprint card, council
minutes regarding hiring (he is the most senior officer).
A review of Officer Lahovskis personnel file on February 5, 2015, revealed a letter
from MPOETC, dated 8/12/14 issuing a MPOETC Certification for Police Officer inside a
training folder with the personnel folder and a diploma from Allentown Police Academy,
dated 10/21/94.
There were numerous incidents of disciplinary action, equipment sheets, a copy of a
MPOETC certification card 2/28/11 to 6/30/13.
**There was NO application/ resume, personnel order, oath of office, etc. (This
portion of the file was in the Mayors Office).
In a second file from the Secretary/Treasurers Office there was payroll information
reference back pay, W-4 tax information form, copy of law suit, letter of complaint from
threat 4/26/09, discipline form 1/11/11, letter from attorney reference discipline form
2/11/11, complaint letter from PAA 3/4/11, grievance 1/11/11, letters of grievance
5/13/11,4/29/11, 7/1/10.
There was a letter from the Mayor to the Chief, training form, call off forms,
employee evaluations 2010, 2011, discipline from one day suspension 1/10/11, letter
reference discipline 1/7/11, recommendation for award 4/15/10, MEDICAL Report on duty
injury, list of days of discipline (7), a ruling on a law suit from the Human services
Commission, executive fact findings, 8/27/12, letter to negative contract 5/29/12, letter from
Colonial Regional to Mayor reference police service.
66
67
Benjamin Rizzotto file contained uniform property form, use of range after hours request,
2011 employee evaluation OK, Penn-Dot record check, IA investigation **(NO
application pack or resume in file). * (NOTE: This officer has been hired full time by the
Upper Nazareth Township Police Department).
James Troxell file contained Penn-Dot check, CHRI check, evaluation 2011 OK, several
IA investigations ** (NO application packet or resume in file).
Scott Ledo file contained uniform/equipment form, Penn-Dot check, application packet,
change of status form, 2011 employee evaluation OK, MPOETC Certification letter
10/13/11, several IA investigations.
Eric Schwab file contained IA Investigation, uniform/equipment form, change of status
form MPOETC 8/12/13, MPOETC certification letter 8/19/13, application packet.
Jeremy Kahle- file contained Penn-Dot check, application packet, MPOETC Letter
certification 8/19/13, uniform/equipment form/ change of status form MPOETC.
Raymond Semeraro file contained IA Investigation, uniform/equipment form, application
packet, resume, Penn-Dot check, Change of status form MPOETC, background
investigation. ** (This officer hired by the Lafayette College Police).
Louis Skrapits file contained 2011 evaluation OK, Penn-Dot check (NO application,
resume, MPOETC. (Parking enforcement officer, not a sworn officer)
The personnel file issue was addressed with the consultant and the Mayor during an
on-site visit on February 5, 2015.
The files contain much information however much of it is not consistent. The older
officers have no application packets or resumes. The most consistent files are the part time
officers because most had previous police positions that made the hiring process easier to
complete. The majority of their files had an application packet.
**After reading through the personnel files it leaves questions as to why some type
intervention, counseling, mediating or some type of lesser discipline did not take place long
before legal issues became a costly issue.
Nazareth Borough has a history of litigation that unfortunately is lost in arbitration
hearings. The hiring process is extremely important, the field training is extremely
important and poor performance evaluations or write ups for which there is no action taken
is opening the door for more litigation.
RECOMMENDATIONS
J.E. Trella and Associates is reviewing all the police personnel files to
upgrade
68
There is a comment at the lower portion of each file if any adjustments need
to be made to the file (**)
Medical and Psychological evaluations or reports and workmans
compensation claims need to be placed in a separate folder.
A decision must be made as to who will hold the master file
(Mayor/Secretary Treasurer)
The Chief should have a working copy for the police department
Recommendations for discipline or remedial training must be acted upon
from the beginning of a known problem
69
It appears from the on-site interview process and substantiated by the personnel file
review that most of Nazareth Police Department Officers had prior experience from other
agencies. There were quite a few MPOETC Change of Status forms, in the personnel file
folders.
If the officers are being hired full time, the Civil Service Process must be followed,
however part time personnel are not hired through Civil Service unless the Borough had
adopted an ordinance indicating such.
Senior Officer Alan Koch graduated from the Allentown Police Academy in 1995
and was hired in 1996 by the Borough of Nazareth. He is also employed by Upper Nazareth
Township Police. In his 19 years he has attended many training seminars, most recently an
Evidence Technician course. He works the 6AM to 6PM duty shift. In addition to his
patrol function, he is the Computer (MDT) technical officer. He is also in charge of the
vehicle maintenance program. Operating from a Vehicle Tracking Board that is mounted
outside the Chiefs Office. He also reviews any vehicle deficiency slips that officers turn in
with maintenance or repair issues and makes arrangements for the vehicle repairs.
70
Officer Fred Lahovski, who is second in seniority with 6 years of service, served
with the United States Marines for 5 years. He graduated the Allentown Police Academy
in 1994. Subsequently, he was a member of the Colonial Regional Police Department for
two years (1995-96). He then served with the Bethlehem City Police Department for nine
years (1997-2006) when he retired with a pension. He served on the Tatamy Borough
Police Department as a part-time officer (2006-2010), the Wilson Borough Police
Department (2007-present) and the Nazareth Borough Police since 2008, when he was hired
part time and then full time. He also served as a Chief of Police of Forty-Fort in 2011-2012.
Officer Lahovski recently attended a TASER Instructor Course and is now the Departmental
TASER instructor. At one period of time he held the position of criminal investigator,
however as the result of disciplinary action was removed from that position. Officer
Lahovski was wrongfully terminated in 2012 following an arbitration hearing and was
reinstated in August 2014. He is the head of the Nazareth Police Association, the
Bargaining Unit for the Nazareth Police Department. He works the alternate 6AM to 6PM
opposite Officer Koch.
Officer Stephen Schleig graduated from the Allentown Police Academy in 2007. He
was hired by the Lafayette College Police Department in 2007 and has remained there since
that time. He was hired in Nazareth as a part time officer in 2008 and then went on to
become full time. He also served with Palmer Township Police in 2011 and 2012. He is the
3rd full time officer by way of seniority and works one of the 6PM to 6AM shifts. He is also
involved in the Nazareth Borough Police Association.
Officer Adam Shimer is the newest member of the full time staff. He was officially
hired on August 18, 2014 and has not completed his one-year probation. He works the other
6PM to 6AM shift opposite Officer Schleig.
Officer Daniel Troxell is a part time officer and graduated the Lancaster Police
Academy in 2007. He worked for Hellertown Borough Police in 2007; Slatington Borough
Police from 2008 to 2012; Palmerton Borough Police from 2009 to 2012; Moore Township
Police 2009 to 2014; Fountain Hill Borough Police 2013-2014; Nazareth Borough 2007
until present. He was also hired as Chief of Police in Renovo Borough, but resigned after
one month due to the length of the commute. He works patrol and has worked with the
Chief in narcotics investigations.
Deputy Chief Randall Miller was hired part time in December 2014. He has 31
years experience in law enforcement. He rose through the ranks of the Bethlehem City
Police Department achieving the rank of Superintendent. He then went on to become the
Northampton County Sheriff. In both positions, he oversaw the accreditation of both
departments. His primary duty in Nazareth is to work on the policies, rules and regulations,
handle police complaints, mediate police disciplinary problems and schedule all training.
Officer Benjamin Rizzotto graduated the Lackawanna Police Academy in 2010. He
has worked for Upper Nazareth Township Police since 2010 and Tatamy Borough Police
since 2013. He has been with Nazareth Borough for three and one half years. He works
71
patrol. (Officer Rizzotto has since been hired full time by Upper Nazareth Township
Police).
Officer Matthew Crenko graduated the Allentown Police Academy in 1992. He
worked for Freemansburg Borough Police in 1992 and 1993. He then worked for the
Bethlehem Police Department for 20 years (1993-2013). He joined Nazareth Borough in
2014 and worked one day per week. (Officer Crenko resigned to take a full time position
with Palmer Township Police).
Officer Jeremy Kahle graduated the Lackawanna Police Department in 2010. He
worked for Pen-Argyle Borough in 2010/2011 and Roseto Borough from 2010 until present.
Officer Miroslav Djindjiev was not interviewed and was hired by the Pennsylvania
State police.
Officer Steven Lindstedt was not interviewed and was hired by the Lafayette College
Police Department.
Officer Raymond Semeraro was not interviewed and was hired by the Lafayette
College Police Department.
Officer Scott Ledo was not interviewed. He is a part time patrol officer with the
department and a firearms instructor.
Officer Eric Schwab was not interviewed. He is a part time patrol officer with the
department and a firearms instructor.
Officer Nick Timar was not interviewed. He resigned his position with the police
department.
The current Policy Manual has a very comprehensive hiring policy in General
Order/Directive 2.00.00. The Directive indicates that the police department follows all the
guidelines set forth concerning the hiring procedure:
One area of the policy that needs to be addressed and it was indicated in the review
of the policies is that the only points that can be awarded to a candidate in the civil service
72
process is Veterans Preference Points. Adding points for college education, past police
experience and another category designated by the chief are illegal.
The policies of both the police department and the civil service commission should
mirror one another. If they are not exactly the same there could be a challenge. Also, most
of the applicants that apply originally are already certified police officers through MPOETC
and a previous police job. Part time officer hiring can be done with an interview if the
hiring agency chooses to do so because MPOETC has already certified the officer in another
department and the hiring agency only needs to submit a Change of Status form, which
means using the credentials from the previous agency to hire for the hiring agency, so the
process is not as strict.
Directive 2.08.00 is a comprehensive policy on a Police Officer Job Description.
Directive 2.13.00 is a comprehensive policy on Field Training and Evaluation
Directive 2.15.00 is a policy on early warning signs of performance levels
Directive 4.00.00 is a policy on the use of force (training is incorporated into the
Directive)
The Collective Bargaining contract addresses the topic of training:
All police officers shall attend an average of forty (40) hours training or schooling
per year, exclusive of the sixteen (16) hours of MPOETC mandatory training required of
each police officer per year. The officers will receive their regular rate of pay for attending
the training and any additional educational expense will be reimbursed by the Borough
Council. Officers will be reimbursed .25 cents a mile, $5 for breakfast, $8 for lunch and
$10 for dinner to cover their expenses.
Regardless of hiring through the civil service process or hiring an officer with prior
experience a thorough background check should be done. It is imperative that everyone
realizes that quality officers must be hired and trained to the needs of Nazareth Borough.
Circumventing the rules will only cause more litigation if officers with baggage are hired.
RECOMMENDATIONS
Compare hiring policy of police and civil service commission they must be identical
when it comes to the hiring of full-time police personnel
Only Veteran Preference Points can be added to a candidates score
Conduct a thorough background on ALL police hires
Adhere to the training requirements in the policies
Deputy chief closely review and evaluate hiring process and subsequent training
73
POLICE FACILITY
A first time visitor to the Nazareth Police Department gets somewhat of a surprise if
they make entry to the Police Department from 134 Main Street. The first thing in view is a
two lane drive-in to the Lafayette Ambassador Bank. The Borough purchased the banking
facility in 2007 and had the building remodeled to its specifications. Part of the agreement
was to keep the drive-in facility. The drive-in is scheduled to be closed in 2015, when a
new banking facility is completed.
Unlike many police facilities the Nazareth Police Department has a great deal of
space in which to operate. The entire lower portion of the building was turned over to the
police department in 2007 when Officer Alan Koch was the Officer in Charge. The
previous chief had health issues and died and a new chief had not yet been selected.
Officer Koch said that the Nazareth Highway/Maintenance Department was very
instrumental in converting the lower floor into what is now the police department. He said
that they were responsible for building the locker rooms, holding cells, bathrooms and
armory.
The Police Facility is easily accessible from South Green Street, which runs parallel
to South Main Street. The parking lot is adequate and is marked for Police, State
Representative, District Court, Borough employees and visitors. There is a security camera
system, which oversees to parking lot area.
The police facility structure itself encompasses 3,200 square feet. A brief overview
of the facility indicates that upon entering a secured door (coded door or buzzed entry) on
the left side of the building a hallway is observed. The first door on the left of the entry
door is to the Lafayette Drive-in Bank. The second door on the left is to the Police
Administrative Assistants Office, which has file cabinets, desk and a computer station.
Victoria Rubio is the PAA and can allow access into the building upon her
observation from the security camera.
The third door on the left is the Parking
Enforcement Office where two Parking Enforcement Officers conduct their business. There
are two other doors on the right side of the hallway, which lead directly into the police
department. One leads to the prisoner processing and detention cell area and the second
leads into the police department in the area of the bathroom and locker room facilities.
Upon reaching the end of the hallway, there are steps that lead into the police
department patrol room, which is very large and spacious and contains ten desks, file
cabinets, etc. Walking along the left side of the room there is a doorway leading into a
kitchen, adjacent to the kitchen is a locker room for females that is currently being used for
storage, and a second doorway leading into an interview room. There is a wall at the back
ending of the station, which contains officer files. On the other side of that wall are a
storage closet, armament room, the **evidence room and the Deputy Chiefs Office.
The D/C has a desk, computer and filing cabinets. (** Evidence room inadequate for
current needs).
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There is a larger opened room in front of the aforementioned with doors leading to
storage and a rear stairwell to the upper floor.
Reentering the patrol room on the right side are file cabinets that almost cover the
entire wall. Some of the file cabinets have officers names and others are marked with
contents such as supplies. Above the file cabinets are shelving that contains police forms.
There is a table at the end of the wall, where it joins the sidewall of the Chiefs Office. On
the side wall of the Chiefs office are 10 clipboards with various types of police information,
a table with two (older/workable) computers. Beside the computer table is a gray cabinet,
which is a temporary evidence storage cabinet.
At this point the interior of the room narrows because of the hallway and entrance on
the opposite side. The first office on the left is the Chiefs office, which has a desk, chairs,
computer and file cabinets. Across the room from the Chiefs office are the patrol computer
stations. The computer station table contains two computers, books and other necessary
information for the patrol officers to complete incident reports.
Continuing on the left side of the room is four file cabinets, a gun locker, and a
larger locker that can be used for large evidence and a fingerprint counter where fingerprints
could be obtained. These cabinets are all located in front of the mens locker room, which
has 15 lockers and the bathroom facility.
The last two areas along the wall are a closet for storage and one of the two
departmental detention cells. The end wall has shelves containing books and a booking
sink. Across the room from the one detention cell is the second cell. There is a doorway
leading out to the hallway area. This doorway is used for bringing defendants in and out of
the detention area. Prisoners are not housed at this facility, only detained until the officer
can complete the paperwork for the county to process the prisoner.
There is another room on the other side of the detention cell, which has very little in
it. There were a couple of police bicycles stored there. There is shelving along one wall
where officers can store their patrol bags. There is another doorway leading to the hallway.
There is a security camera system in place, which was installed in 2009, and covers
all entryways, hallway and parking lot. All officers have their own desk and file cabinets
with locking devices to prevent theft. There is a television monitor mounted on one wall,
where officers can view the news and weather.
The patrol area is a large room and does not afford any privacy, although interviews
would be conducted in the privacy of the interview room, which is located on the left side of
the patrol office.
If the drive-in closes, there will be additional unused space and some consideration
should be given to future usage if possible. If there is a safe inside the drive-in that is left
behind it might be considered for evidence.
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The police expenditure sheet that was provided for the management study has notes
written in indicating that the facility expenditures were co-mingled with General Budget
costs in the annual budget. A second written note indicates that the police facility costs
were 50% of the borough expenditures.
Estimated expenses:
o
o
o
o
o
o
o
Heating costs
$ 2,500
Electric power
$10,000
Water & Sewage
NA
Telephone
$ 7,200
Building supplies
$ 4,000
Building maintenance $15,050
Building insurance $11,500
Total:
$50,250
RECOMMENDATIONS
76
YEAR
MAKE
MODEL
MILAGE
501
502
503
504
505
506
507
2006
2014
2007
2009
2006
2008
2014
Ford
Ford
Dodge
Ford
Ford
Ford
Ford
Crown Vic
98,741
SUV
39,185
Durango SUV 75,342
Crown Vic
83,303
Crown Vic 110,300
Crown Vic
94,868
Interceptor
9,021
CONDITION
Poor
Excellent
Fair
Fair
Disabled OOS
Fair Chief
good original
Chiefs car
77
Although, when Chief Michael Sinclair was hired in 2007, the Borough purchased
him a new unmarked vehicle to commute back and forth to Philadelphia. His old unmarked
vehicle is now being used by Chief Trachta and has about 100,000 miles on it.
Several of the officers expressed concern over the vehicles condition. Officer Alan
Koch is in charge of vehicle maintenance. Whenever a vehicle needs some type of
maintenance or repair the officer reporting the condition completes a Vehicle Deficiency
Slip and turns it into Officer Koch. There is a vehicle tracking board on the outer wall of
the police chiefs office and the status of the vehicles is recorded there.
All the spare tires have been removed from the vehicles, which give added floor
capacity. The Chief doesnt want any of the officers changing flat tires.
The following equipment is in at least two of the patrol vehicles. The number at the
beginning of each item is the total quantity the police department has available to them.
5 shotguns
3 AR15 patrol rifles
2 AED units
3 PBT units
5 oxygen canisters
7 first aid kits
5 flares
2 Mobil Data Lap Top computers
6 IPADS
3 ballistic shields
7 police barrier tape
7 measuring tape
7 blankets
7 mobile radios
2 gun racks
1 battering ram #503
- In-car cameras
Officer Koch contacts Alex Tire Company to repair and perform maintenance of the
vehicles. Nazareth Ford performs the warranty work on the newer cars.
GO Directive 3.01.00 covers the following area concerning the police vehicles:
Assignment
Use
Operation
Motor vehicle inspections
Patrol rifle / shotgun
Care, Maintenance and repair
Program administration
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Continue to stay in the pattern of phasing the older, high mileage vehicles
from the fleet for officer safety
Alternate the use of the patrol vehicles, so the new cars are not used on a
continuous basis
After a patrol vehicle reaches 40,000 to 50,000 miles, pull from the patrol
schedule and use as an unmarked vehicle
Draft a policy for the I PAD
Inventory the day-to-day equipment replace if necessary
Make a decision on the OOS vehicle in the parking lot
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EVIDENCE
Evidence and property collection and storage has been problematic over the years at
the Nazareth Police Department. There is a comprehensive General Order Directive
11.00.00 Evidence collection and 11.01.00 Evidence and Property Control in place but
there is usually no one other than the chief who handles the evidence. With the addition of
the new part time Deputy Chief, there is another responsible person available to handle
evidence and not break the chain of custody.
Due to the fact that for a long while only the chief had access to the evidence room,
which is located adjacent to the new Deputy Chiefs Office, evidence collection was
criticized for remaining in the temporary storage areas.
There are five storage areas in which evidence could be stored depending on its size,
but generally there is one gray file cabinet outside the sidewall of the Chiefs office that is
the primary location to store evidence. There is an upper, slide out drawer and a lower
drawer. The upper slide out drawer has a lock and hasp attached for security purposes.
When officers have evidence they have a key to open the lock. They complete their
paperwork on the evidence and then place it inside the drawer with the key. They document
the evidence on a logbook sitting on the top of the evidence cabinet and then lock the
evidence and their key inside the drawer. The chief checks the evidence drawer every
morning and removes the evidence, transferring it to the evidence room.
The problem is security because every officer has a key so if the need arises they
could open the drawer and place their own evidence inside and complete that same process.
There are two large lockers at each end of the police department that could be used if
necessary. These lockers are large enough to place rifles and shotguns inside.
The next problem is the evidence room itself. It is a disaster, with evidence stored
on the floor, on top of filing cabinets, on bulk shelves, in plastic containers, in brown bags,
inside file cabinets. It is not only evidence, but unclaimed property also. The chief pulled a
couple of file drawers opened that were filled with guns in plastic bags, which have been
there long before he arrived. He provided me with a letter that he wrote to the Northampton
911 Center on May 9, 2008 and May 22, 2008 asking their help in identifying ownership of
23 firearms that he had listed. The letter was signed Corporal Thomas Trachta #5002. No
progress was ever made due to time constraints; therefore the weapons are still in the file
cabinets along with years of old property.
The new Deputy Chief is working on a plan to help rid the department of unwanted
property and make more room. The current evidence room is totally inadequate with the
amount of property inside. I asked the Chief how he stores the evidence for retrieval
purposes and he indicated that the evidence is stored by the police officers name!!!
During the course of the management study the Chief and Officer Alan Koch, who
was in charge of evidence (he was the officer in charge in 2007) at one time, were scheduled
81
to attend an evidence course to help and assist them with ideas on trying to straighten out
the facility.
When the Deputy Chief arrived in December he felt there was an impropriety with
regard to items being left in the evidence drawer, lower level, which he packaged and took
to the District Attorneys Office, asking them to check into it. The Chief explained that
what he took was property belonging to a suspect, waiting to be returned, not evidence.
Nothing occurred as the result of the probe.
One of the suggested solutions was an evidence drop directly into the evidence
room. The idea is valid, however it would not work currently with all the evidence and
property scattered around the room. Evidence is definitely one of the priorities in getting
the department moving in a forward motion.
The Commonwealth of PA has regulations concerning property/evidence in the
following areas:
Commonwealth of PA
State Treasury
Office of Unclaimed Property
PO Box 1837
Harrisburg, PA 17105-1837
717-772-2722
There is a list of items that the State Treasury will accept, as well as a list of items
they will not accept. There is also a form requesting the State turn the property over to the
municipality to be used by them.
Someone should be assigned the task of working on the evidence until some
headway is made clearing out the bulk of old evidence and property.
RECOMMENDATIONS
82
83
However, the officers also have other benefits in the collective bargaining
agreement such as vacation, holidays, personal days, sick time, wellness days, training days
and bereavement.
Since there are two senior officers and two junior officers an average amount of time
was totaled based on the past year. The following is an accumulation of those non-available
hours:
2,190
110
40
80
25
16
56
32
40
x
x
2,589
Now, subtract the 2,589 hours from the 4,380 hours that is required for each shift on
the duty schedule (4,380 2,589 non-available hours = 1,791 available hours). Each full
time officer can contribute 1,791 hours toward the patrol schedule (1,791 hours x 4 officers
= 7,164 hours).
Now subtract the 7,164 available hours of the four full - time officers from the
17,520 hours required and it leaves a balance of 10,359 hours to be filled.
How is Nazareth Borough going to fill the void? Part time officers @ $22.00 per
hour. Thats $227,898.00 in part time salaries.
Hire more full time personnel? 10,359 hours divided by 1,791 available hours per
officer equals 5.7 additional full time personnel to fill the void.
A combination of 2 or 3 new full time officers (@1,791 hours) which would account
for 3,582 to 5,373 hours toward the 10,359 hours leaving a balance of 6,777 or 4,986 hours.
Remember new hires will not have as much time accumulated per the bargaining agreement
so they could contribute more than the 1,791 hours for the first few years.
84
Escorts
Alarm response
Dangerous /hazardous situations
Types of routine activities not countable for the purpose of determining patrol-force
staffing needs and considered NON-INCIDENTS:
Traffic stops
Delivering mail or messages
District court stops
Vacation checks
Opening/locking municipal buildings
Opening/securing municipal property
Business security checks
Making municipal purchases
Municipal business
Servicing vehicle and/or equipment
Conducting follow-up investigations
Community relations work
Performing in-station tasks
Administrative work
Nazareth Police Officers do initiate an incident report for various activities that
they complete such as opening and closing the park. They want to insure that the Mayor
and council know that they are doing their job and performing various tasks assigned them.
A request was made of PAA Rubio to generate a report of all calls
investigated/responded to by Nazareth Police Officers in the year 2014. She was also
advised to eliminate non-incidents from the call total. The original call count total
actually showed a period of six years (2009 2014).
Over the final three years the final call count to results indicated the following:
2012
2013
2014
3,208 calls
2,569
3,489 calls
2,675
3,836 calls
2,888
The following non-incident calls were removed from the original count
Administration clerical
Administration personnel relief
Administration shift change
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Administration duties
Administration tasks
Building checks officer initiated
Departmental services fingerprinting
Follow-up information
Traffic citation
Traffic enforcement summonses
Traffic enforcement VASCAR
Traffic enforcement warnings
Traffic related other traffic
Warrant
The questionnaire completed for the initiation of the management study indicated
a population of 5,723. Years of study have shown that there is an average of 550
calls per 1, 000 citizens (5,723 population x 0.55 equals 3,147. That is a difference
of 259 calls from the count received from the police department, after the nonincidents were removed from the incident count. The IACP number will be used to
process the formula. The second figure (with an asterisk (*) will show the
department total as it is processed through the same steps.
Step 1 - 5,723 population x 0.55 (550 calls per 1,000 population) = 3,147 (2,888*)
Step 2 - Multiply the total complaints or incidents by 0.75 (45 minutes). It is
generally conceded that it takes an average of 45 minutes to handle each call or
incident. 3,147 calls x 0.75 = 2,360 (2,166*)
Step 3 - Multiply by 3 to add a buffer factor and time for preventative patrol.
General experience has shown that about 1/3 of an officers time should be spent
handling requests for services. Other requirements for servicing police vehicles,
personal relief and eating must be considered. Time for aggressive and preventative
patrol must also be considered. Multiplying by 3 makes up for the unknowns.
2,360 x 3 = 7,082 (6,498*)
Step 4 - Divide that number (product) by the number that it takes to staff one basic
one-officer patrol unit (shift) for the year (12-hour shift x 365 days per year = 4,380)
7,082 4,380 = 1.616 (1.483*)
It takes 1.616 (1.483*) or two (2) patrol units needed to handle the work load, if
police officers worked their 12-hour shift, every day for 365 days per year, but they
dont due to contracts and collective bargaining agreements. So the next step in the
process is to show how much actual time that a police officer can contribute to the
work schedule.
It has already been determined that Nazareth Police Officers can contribute an
average of 1,791 hours of time toward the duty schedule (4,380 hours needed minus
the 2,589 hours on non-available time = 1,791 hours)
87
The total amount of time 4,380 hours needed divided by 1,791 hours that each full
time officer can contribute = 2.445 police officers.
1.616 (1.483*) patrol elements (shifts) x 2.445 police officers (based on availability)
= 3.951 (3.62*) or 4 officers needed to patrol the Borough of Nazareth based on the
call volume, using the IACP formula based on population figures (and actual call
count of NPD).
It is important that all calls are counted so that the department gets credit for their
workload. However, its not necessary to make up an incident report for every action
performed thus the use of a daily log comes in handy where the officers actions are
documented.
When formulas are used to determine staffing needs based on call volume it
becomes a game of numbers and does not take into consideration uniqueness of each
community and the expectations of those living in the community.
Society is constantly changing and the needs of the community are changing as well.
Citizens expect that their municipality will provide adequate police, fire and EMS service
along with highway maintenance and sanitation. There is a certain expectation of service
from the police department that the public would not receive if there were only one officer
working per shift.
Nazareth should have two officers working each shift in order to provide the level of
service that the citizens are accustomed to over the years. This will assure backup when
needed and should provide adequate coverage during those times in which officers are
involved in investigations, accidents or other matters. Some situations require two officers
to handle.
Officers indicated that one arrest can result in several hours or more when the
defendant needs to be transported to Central Booking for processing at the county facility in
Easton. There are other police departments using the same facilities and it is necessary to
wait for the prisoner to be processed and arraigned. If the officer is working alone, then the
Borough remains unprotected during that period of time.
A community such as Nazareth should take on a pro-active stance when it comes to
criminal activity and the police should act as a deterrent. Some years ago criminologists
developed a theory entitled The Routine Activities Theory. The theory involved three
components:
o Suitable targets (businesses and residential properties having valuable
property)
o Lack of capable guardians (homeowners absent during daylight hours, and
business owners absent after closing at night and during the overnight hours)
o Motivated offenders (those in need of property, such as the unemployed,
addicts, etc.)
88
The basic concept behind the theory is that there will always be those who will
commit crime if the opportunity presents itself. Homeowners and members of the business
community can take steps to prevent crime (target hardening), but in their absence the police
can be the deterrent through pro-active patrol in the neighborhoods and business community
(park and walk, bicycle patrol, even traffic enforcement).
That second officer riding on the overnight shift between 3 AM and 6 AM
aggressive patrolling and making security checks.
There should be a concentrated effort on the Police committee, the Mayor, and Chief
of Police to insure that the level of police protection increases or remain status quo and not
decline. The goal should be having two officers on each shift to handle the needs of the
Borough.
RECOMMENDATIONS
89
90
Regardless, his study indicated that Nazareth needed 5 patrol officers at that time,
two supervisors and one investigator, resulting in a total of 8 officers. Supervisors and
specialists are not counted in patrol personnel studies; only the basic patrol officers are
counted.
He could not guarantee Mayor Daugherty two officers on patrol at all times in the
Borough, which is needed due to officer safety and backup. However, Colonial Regional
would have had other patrol officers working in the area of Hanover and Lower Nazareth
that could respond if necessary.
In addition, although Supervisors are not counted in personnel formulas, they are
physically out on patrol, supervising and could easily respond to assist when necessary. A
regionalized police agency is usually a larger agency and has personnel available to absorb
some of the shortcomings of smaller agencies.
If Nazareth Borough Police are going to be operating on their own as they have been
all these years, they are going to need that extra body on patrol.
As President Chiavaroli pointed out is his letter to Glenn Walbert the opportunity
may arise again in the future. If it does, and the situation has not changed within the
Nazareth Borough Police Department every effort should be made to consolidate the
agencies.
RECOMMENDATIONS
91
92
The Borough has hired a professional police consultant as a Deputy Chief to assist
with policies, regulations, police complaints, discipline and training. This is an excellent
opportunity to take advantage of the experience of both the Chief and Deputy Chief,
working on solutions within the framework of the organization to try and put a stop to all
the grievances and litigation.
I have reviewed the comments made during the on-site interviews and can see where
some of those who were interviewed feel they have been short changed by the police (or
council) and the results were not quite what were expected. Some incidents are going back
for years. Unfortunately, thats past history and dwelling on it will not solve the current
problems.
The police chief was promoted through a non-competitive Civil Service Exam
Process, from his position as Corporal (a position that legally did not exist in the Borough
Ordinance) to Chief of Police, served one-year probation under Civil Service and the rank of
Chief became permanent.
He is the Chief of Police, some may not like him, and some may feel he is not
qualified but those opinions need to be put on the back burner and the department needs to
move forward. He is the Chief and unless he commits a violation whereby he can be
discharged and removed from office he will remain so.
So, approach the problem with some new vision. Move forward, regardless of
personal feelings (which are difficult) bury the hatchet, and call a cease-fire, a truce or
whatever you want to term it. The Chief is your current departmental leader and he needs
your backing to stop these grievances, litigation and law-suits.
You have hired a Deputy/Chief who has a great deal of experience in discipline and
policy issues. Let the two of them work together for a period of time to try and straighten
out some of the labor issues. Call a moratorium on the in-fighting for a 12 to 24 monthperiod and stand by the decisions of your police administration.
You need to show that you are displaying a unified front in dealing with the public,
the police officers and the day-to-day issues. If you dont make the effort to put a stop to it
now, the grievances and the litigation will continue and the cost of policing will continue to
rise, not because of workload, but due to the high cost of litigation.
If the elected officials and the police do not stop the in-fighting now, they will
continue to be taken advantage of and there will be few left standing, without some sort of
effect, whether its physical, financial or emotional. This needs to be done for the Borough
of Nazareth not for individuals, whether they are elected officials or police officers.
The community needs to know that there is a unified effort on the part of the elected
officials and the police department to provide the Borough the level of service that is
expected of them.
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RECOMMENDATIONS
94
CONCLUSION
Nazareth Borough is overwhelmed by the cost of litigation and the number of law
suits initiated by members of the police department.
Decisions were made in the past concerning hiring and retention that resulted in
litigation.
Documentation was not recorded to aid the Borough in defending its position in
personnel matters.
Borough officials hired an investigator who performed some background
investigations and then became ill. They hired a Human Resources Consultant to
consolidate and upgrade their personnel files.
They reached out to the Pennsylvania Department of Community and Economic
Development to have a Peer Management Study conducted on the Police Department.
While awaiting the study they hired a professional law enforcement consultant as a
part time police officer, with the rank of Deputy Chief to review and upgrade the
departmental policy and procedures manual, to handle police complaints, grievances,
departmental discipline and finally to schedule training.
All of these actions were taken within close proximity to one another. The Chief of
Police was not part of the decision making process in these decisions.
There are many internal issues within the police department regarding personnel,
personalities, litigation and grievances resulting in stressful conditions and low morale.
The Deputy Chief is authorized direct contact with the Mayor, circumventing the
Chief of Police in whatever duties he is assigned to perform by the Mayor.
The Chief is constantly trying to resolve daily issues dealing with personnel and
other internal issues.
It was necessary during the on-site visits to work around many of these and other
issues in order to try and gather enough information to look at the various areas of the
police agency that need to be adjusted to make it more efficient.
However, in doing so one problem stands out above all the rest. The elected
officials and the police chief and some officers do not communicate. There are those who
do not like the chief of police, there are those who feel that he is not the right person for the
position. The Chief feels that he is not receiving the cooperation that he should insuring
that he will fail in operating the day-to-day activities of the police department.
95
However, he was hired through the Civil Process and he is the Chief of Police and it
does appear that he is trying to work through these challenges and will not quit.
The police department has low morale; five part time officers have left within a twomonth period. One new part time officer was hired. There are only four full time patrol
officers and if they call off sick, there may be no one to replace them on the patrol
schedule.
The Mayor, Chief, Deputy Chief, Police Committee, Council need to call a truce, put
a two year moratorium on the in-fighting between the council and police department and
present a unified front to the public and to the police officers. The department needs to
move forward, not remain stagnant or fall backward.
There is a need for more officers. There should be at least two working at all times
in the Borough for safety reasons. That should be the bottom line and then work toward
the recommendations made during the management study.
If the current trend keeps up, qualified candidates may not want to work for
Nazareth Police any longer. There are not a lot of alternatives at this point. The rumor is
around that the police department will shut down.
The Nazareth Police Association represents the full time members of the department
and its members will certainly fight for their jobs. It will result in more litigation and
lawsuits.
The citizens of Nazareth need to know that the government officials are making a
concentrated effort to have their own police agency represent them and not the
Pennsylvania State Police or another outside police agency contracting to patrol the
Borough. Move forward in the quest to provide the community what it needs; a
professional police department.
RECOMMENDATIONS
96
INTERVIEWS / CONTACTS
Chief Thomas Trachta, Nazareth Borough Police
Deputy Chief Randall Miller, (PT) Nazareth Borough Police
Officer Daniel Troxell, (PT) Nazareth Borough Police
Officer Benjamin Rizzotto, (PT) Nazareth Borough Police
Officer Stephen Schleig, (FT) Nazareth Borough Police
Administrative Assistant Victoria Rubio, Nazareth Borough Police
Officer Fred Lahovski, (FT) Nazareth Borough Police
Officer Alan Koch, (FT) Nazareth Borough Police
Officer Adam Shimer, (FT) Nazareth Borough Police
Former Mayor Earl Keller, Nazareth Borough
District Judge John Capobianco, District Court 03-2-08
Borough Clerk Dianna Dalrymple, Nazareth Borough
Officer Matthew Crenko, (PT) Nazareth Borough Police
Officer Jeremy Kahle, (PT) Nazareth Borough Police
Chief Michael J. Sinclair, West Conshohocken Police
Chief Roy D. Seiple, Colonial Regional Police
President Daniel Chiavaroli, Nazareth Borough Council, Third Ward
Vice-President Larry U. Stoudt, Nazareth Borough Council, Second Ward
Council Member Frank S. Maurek, Nazareth Borough Council, First Ward
Administrative Assistant Christine R. Lilly, Secretary/Treasurer
Council Member Carl A. Fischi, Nazareth Borough Council, Second Ward
Mayor Carl R. Strye Jr., Nazareth Borough
Secretary Treasurer Paul A. Kokolus, Nazareth Borough
Solicitor Alfred S. Pierce, Esq., Nazareth Borough
Consultant Joseph Trella, J.E. Trella Associates
(Names of the interviewees are listed in chronological order)
97
APPENDIX
A 1- 3
B 1- 2
C 1- 2
D
E 1- 2
F 1- 2
G
H 1-2
I
J 1- 2
K
L 14
M
N 1 14
O1- 2
P1- 2
98