Things became tense during a discussion concerning anonymous donations to the Upper Perk Police Department at the Upper Perk Police Commission meeting on Monday night.
East Greenville Solicitor, Steven Kramer, sent a letter to the Upper Perk Police Commission that expressed concern about the police commission's liability when a police officers association accepts anonymous donations.
Police Commission Solicitor, Phil Gazan, recommended the police commission clarify its policy with the Upper Perk Police Officers Association (POA) that in some municipalities is referred to as a Police Benevolent Association (PBA). There are POAs across the state; however, most are locally based. The purpose of POAs is to provide good works that benefit the public.
Last month at the police commission meeting East Greenville Mayor, Ryan Sloyer, asked the commission about the $5,000 anonymous donation that was used to purchase new police uniforms. He was informed that the donation was made through the Upper Perk Police Officers Association.
This month, Kramer notified the police commission there could be potential liability for the police commission as well as East Greenville borough concerning anonymous donations made through a POA.
Gazan noted that the police commission currently has no clear policy for donations. He suggested donations should be screened for transparency. Sloyer noted if the donation is made through a non-profit organization there might not be liability for the police commission. However, if a donation is made through a for-profit organization, there is potential liability because the donation might be from a special interest that is hoping for a favor of some sort.
Gazan insisted the police commission must know how the POA was organized and set up. Gazan said if the POA is non-profit, the flow of money into the organization is monitored by the government. There are required reports on how the money is handled. If it is not a non-profit, there is no reporting responsibility.
Gazan said the organization's by-laws define how it is set up. He said he previously requested a copy of the POA's by-laws and, as yet, has reportedly not received the documents.
Gazan again reiterated the police commission should clarify the relationship between the police commission and the POA. Police Commission Chairperson, Vicki Lightcap, noted the POA was set up to help defray the costs and relieve the taxpayer of some of the financial burden of a police department.
Sloyer noted money for police officers associations is not just for community events. It is also used for police causes and for arbitration.
Gazan explained he did not want to "undercut" the good a police officers association does, but the commission must clarify its policy so there are no problems later that could potentially reflect on itself.
Gazan explained, from his point of view, the anonymous $5,000 donation was not the "driving force for this discussion." He said he was concerned with "the broader issue" of liability for the police commission.
Lightcap disagreed. She said she thought the police commission's standard operating procedure (SOP) would cover liability. Police commission members agreed with Lightcap. The felt there was no need for a policy that defined the relationship between the commission and the POA.
Commission members expressed the opinion that the matter of the $5,000 anonymous donation should not be raised again.
Commission member Kris Kirkwood noted the police commission has incurred approximately $2,500 in legal fees over the matter. Bills for the new uniforms went directly to the POA. They were not paid by the police department.
Several members of the public noted the anonymous donation was not relevant. Retired Upper Perk Police Sergeant, Bob Seville, said the money was raised by the POA for new uniforms to save the taxpayers money. Seville noted all the discussion over the anonymous donation will likely lessen the chance for donations to the POA in the future.
Pennsburg borough council member, Diane Stevens, agreed with Seville concerning anonymous donations. "It will shut down donations," she said.
Upper Perk Police Chief, Mike Devlin, informed the police commission the Durango police cruiser was sold through Municibid for $6,400. Decommissioning the cruiser cost the department $500. Devlin reported there were 43 crimes reported to the police in May. It is a decrease of 18 crimes since April. There were four thefts, one firearms/ weapons, two forgeries, 13 assaults, three vandalism, two burglaries, one arson, two DUIs, two offense against family, five public drunkenness, five narcotic violations, one borough ordinance offense and two resisting arrest.