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Guthrie v. Borough of Wilkinsburg
Citations: 73 Pa. Commw. 393; 458 A.2d 307; 1983 Pa. Commw. LEXIS 1525Docket: Appeal, No. 2178 C.D. 1980
Court: Commonwealth Court of Pennsylvania; April 11, 1983; Pennsylvania; State Appellate Court
The Allegheny County Common Pleas Court dismissed Guthrie and others' appeal against the Borough of Wilkinsburg for lack of jurisdiction regarding a private inquiry into police officer conduct. The inquiry, conducted by the Borough Council, Mayor, and Community Advocate Unit, resulted in letters of reprimand issued to the officers, which were added to their personal files. Guthrie argued that the reprimands constituted an adjudication under the Local Agency Law, which would entitle the officers to procedural protections. The court clarified that an adjudication under the Local Agency Law requires a final decision affecting personal or property rights, as outlined in the Borough Code. Specifically, the Borough Code stipulates that police officers cannot be suspended, removed, or reduced in rank without due process, including written charges, a hearing, and the right to appeal. Since Guthrie was neither suspended nor demoted, the court concluded that a letter of reprimand does not qualify as an adjudication requiring the protections of the Local Agency Law. Thus, the court affirmed the lower court's dismissal, confirming that the procedural protections did not apply in this case, as the officers were not afforded their rights to confront accusers or receive proper hearing processes during the inquiry. The Allegheny Common Pleas Court's order, No. SA 71 of 1980, dated April 26, 1980, was upheld.