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Police hiring, training, and disciplinary requirements in Pennsylvania
| Police hiring, training, and discipline |
|---|
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
| Click here for more analysis of police hiring, training, and disciplinary requirements by state and city on Ballotpedia |
This page provides an overview of policies related to the hiring, training, and discipline of police officers in Pennsylvania. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Pennsylvania handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Disciplinary action can be appealed through the grievance/arbitration procedure; Selection: Both parties agree to a list of five neutral arbitrators; Provider: N/A; Arbitrator authority: The arbitrator's decision is final and binding | |
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: State of Pennsylvania, Police Department; Types: Termination, suspension; Restricted aspects: N/A; Challenge/appeal process: Union grievance procedure, probationary employees may not appeal.Employee permitted union representative at investigatory meeting. In cases where result could be termination, employee may be placed on suspension without pay for up to 20 days. If investigation has not concluded after 20 days, employee shall be placed on suspension with pay. Appendix D lists potential offenses that are considered "just cause." | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
Officers can be fired for felonious acts, even if not convicted. | |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
| Does the state have a "police bill of rights" statute or regulation? | NO |
Training and counseling
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | NO |
| Does the CBA have provisions related to community policing? | NO |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Disciplinary steps and officer rights when under investigation | |
| Does the CBA require notice to officers of investigations? | YES |
Conditions: Written notice; Timeline: N/A; Content: Must include a summary, statements of witnesses, and test results | |
| Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: N/A; Timeline to conclude: 120 days, 90 days for criminal charges | |
| Does the CBA contain provisions related to compensation during misconduct investigations? | YES |
Employees may be suspended with full, partial, or no backpay. Employees may be suspended without pay pending investigation for no more than 20 days, after which time employees must be placed on suspension with pay or returned to restricted duty status. | |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
| Does the CBA regulate processes for retaining officer disciplinary records? | NO |
Record storage: N/A; Storage authority: N/A; Types of records: Personnel files; Timeline: N/A; Access and use: "Members shall have access to their personnel files in accordance with the State Police Administrative Regulation 4-8."; Use in decisions: N/A | |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | NO |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
| Union authority | Results |
|---|---|
| Does the CBA limit union authority to pay and benefits issues? | NO |
| Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
| Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | YES |
Special committee (with 5 of 10 members selected by union) to review promotion system and make recommendation to commissioner | |
See also
Footnotes
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