Young v. New Sewickley Township Board of Supervisors11/6/2002
Dale C. Young (Young) appeals from the December 13, 2001, order of the Court of Common Pleas of Beaver County (trial court), which affirmed the decision of the New Sewickley Township (Township) Board of Supervisors (Board) to discharge Young from his employment as a police officer with the Township's Police Department. We affirm.
The Police Department maintains a Duty Manual, which includes Police Officer Code of Ethics (Code), Rules of Conduct and General Duties of a Police Officer. (Board's Findings of Fact, No. 10; R.R. at 276a-79a.) The Code includes a requirement that officers conduct themselves in accordance with the Code both on and off duty. (Board's Findings of Fact, No. 43.) By letter dated August 21, 2000, Young was notified that he was charged with violations of the Code, the General Duties of a Police Officer and the Rules of Conduct of the Township's Police Department Duty Manual. (Board's Findings of Fact, No. 40.) Specifically, Young was charged as follows:
1. Conduct Unbecoming an Officer[,] Intemperance: On May 11, 2000 [Young] violated the Code ... in that [Young] did engage in a course of conduct with Officer William Hannan, which was intimidating, inappropriate and in violation of the Code of Ethics of Police Officer.
2. Conduct Unbecoming an Officer, Intemperance: On June 4, 2000, during a conversation with Officer Raymond Shaffer, [Young] made threats against Sergeant Glenn Young, Chief Dale Kryder, and Officer William Hannan. During the discussion, [Young] also threatened Officer Shaffer regarding the charges he was filing against [Young]. This action is in violation of the Code of Ethics of a Police Officer.
3. Conduct Unbecoming an Officer, Disobedience of Orders, Neglect or Violation of Official Duties: On June 6, 2000, [Young was] involved in a reportable accident. [Young] refused to comply with an order by Assistant Chief Gale Patti to complete an accident report. This action is in violation of the New Sewickley Township Duty Manual.
4. Conduct Unbecoming an Officer, Intemperance: On May 10, 2000, a Complaint was filed against [Young] by Glenn Young, Jr. and his wife, Joan, for throwing debris and rocks from a ditch into their yard. Ultimately, criminal charges were filed against [Young] and [Young was] found guilty of harassment on July 26, 2000. This action brought discredit to the New Sewickley Township Police Department, the badge that serves as a symbol of public faith and is in violation of the Police [Officer] Code of Ethics. (R.R. at 3a-4a.)
Based on these charges, Chief Kryder recommended to the Board that Young be discharged from his employment as a police officer with the Township. Young requested a hearing before the Board, which was held on February 12, 2001. At the hearing, the following evidence was presented in relation to each of the charges.
Dale Young; his sister, Betty Simpson; and his brother, Glenn Young, a Sergeant with the Township's Police Department, own contiguous parcels of land and share common rights of way. (Board's Findings of Fact, No. 7; R.R. at 173a.) As to charge number 4, on May 10, 2000, Officer Raymond Shaffer responded to a complaint by Sergeant Young that Young was throwing debris onto Sergeant Young's property. (Board's Findings of Fact, Nos. 33-34.) Upon arriving at the scene, Officer Shaffer observed debris on Sergeant Young's property as well as damage to a tree on Sergeant Young's property. (Board's Findings of Fact, No. 35; R.R. at 51a-52a.) As a result, Officer Shaffer decided to file harassment and criminal mischief charges against Young. (Board's Findings of Fact, No. 36; R.R. at 54a-56a, 268a-70a.)
With regard to charg
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