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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Key Reporters keyreporters @ comcast . net 1 HOUSE OF REPRESENTATIVES COMMONWEALTH OF PENNSYLVANIA * * * * House Bill 466 - (Marshall) Sheriffs Legislation * * * * House State Government Committee Irvis Office Building Room G50 Harrisburg, Pennsylvania Monday, May 8, 2017 - 10:00 a.m. --oOo-- COMMITTEE MEMBERS PRESENT: Honorable Daryl Metcalfe, Majority Chairman Honorable Jim Christiana Honorable Cris Dush Honorable Matt Gabler Honorable Kristin Hill Honorable Jerry Knowles Honorable Brett Miller Honorable Brad Roae Honorable Frnk Ryan Honorable Rick Saccone Honorable Thomas Sankey Honorable Craig Staats Honorable Justin Walsh Honorable Judy Ward Honorable Jeff Wheeland Honorable Matthew Bradford, Minority Chairman Honorable Donna Bullock Honorable Mary Jo Daley Honorable Madeleine Dean Honorable Pamela DeLissio 1300 Garrison Drive, York, PA 17404 717.764.7801

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HOUSE OF REPRESENTATIVESCOMMONWEALTH OF PENNSYLVANIA

* * * *

House Bill 466 - (Marshall) Sheriffs Legislation

* * * *

House State Government Committee

Irvis Office BuildingRoom G50

Harrisburg, Pennsylvania

Monday, May 8, 2017 - 10:00 a.m.

--oOo--

COMMITTEE MEMBERS PRESENT:

Honorable Daryl Metcalfe, Majority ChairmanHonorable Jim ChristianaHonorable Cris DushHonorable Matt GablerHonorable Kristin HillHonorable Jerry KnowlesHonorable Brett MillerHonorable Brad RoaeHonorable Frnk RyanHonorable Rick SacconeHonorable Thomas SankeyHonorable Craig StaatsHonorable Justin WalshHonorable Judy WardHonorable Jeff WheelandHonorable Matthew Bradford, Minority ChairmanHonorable Donna BullockHonorable Mary Jo DaleyHonorable Madeleine DeanHonorable Pamela DeLissio

1300 Garrison Drive, York, PA 17404717.764.7801

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MEMBERS PRESENT (CONT'D):

Honorable Isabella FitzgeraldHonorable Stephen McCarterHonorable Brian SimsHonorable Jared SolomonHonorable Emilio Vazquez

NON-COMMITTEE MEMBERS:

Honorable Jim MarshallHonorable Barry JozwiakHonorable Kathy Rapp

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STAFF MEMBERS PRESENT:

Susan BoyleMajority Executive Director

Pam NeugardAdministrative Assistant

Amy HockenberryMajority Research Analyst

Karen PriegoMajority Research Analyst

Glendon KingMajority Research Analyst

Kim HilemanMinority Executive Director

Linda HuntingtonMinority Legislative Assistant

Susan FingerMinority Secretary to Chairman Bradford

Kathy SeidlMinority Research Analyst

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INDEX OF TESTIFIERSTESTIFIERS PAGE

Opening comments by Majority ChairmanMetcalfe............................ 5

Remarks by Representative Jim Marshall 7

Sheriff Carolyn Welsh................. 8Chester County Sheriff's Office

Sheriff Eric J. Weaknecht............. 10Berks County Sheriff's Office

Commander Leo O'Neill................. 12Allegheny County

Rob Greene, Esquire, District Attorney 23Warren County

Douglas E. Hill, Executive Director...Warren County

Chief Inspector Paris Washington...... 47Philadelphia Sheriff's OfficeHomeland Security, Special Operations,Special Investigations & Training

Greg Champagne, President............. 61National Sheriff's Association

Sheriff Michael Slupe, President...... 61PA Sheriff's AssociationButler County Sheriff's Office

SUBMITTED WRITTEN TESTIMONY

(See other submitted testimony and handoutsonline.)

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MAJORITY CHAIRMAN METCALFE: This

meeting of the House State Government is called to

order. Today we'll be having a hearing to consider

House Bill 466 offered by Representative Marshall.

And prior to inviting our first

testifier up, who will be Representative Marshall,

we ask everybody to please stand, and,

Representative Sankey, you might lead us in the

pledge.

(Pledge of allegiance held off the

record).

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Sankey.

Before we get started, Representative

Marshall is here. Representative Marshall, if you

could take a seat there before the committee.

Before we let you start your comments, if I could

ask Representative Hill, our member secretary, to

please call the role.

(Roll call held off the record).

REPRESENTATIVE HILL: We have a quorum,

Representative.

MAJORITY CHAIRMAN METCALFE: Thank you

very much, Representative Hill.

Once again, this morning's public

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hearing is going to be on House Bill 466. It has

been the tradition of the committee since I've been

Chairman, we hold hearings so that we can receive

information and expertise from those that we have

invited as our guests.

There will be an opportunity for members

to engage in some Q and A. But I'd respectfully

ask the members to limit to your interaction with

the testifiers to a Q-and-A type of a format. It's

not the time for us to pontificate as members or

debate. These are our guests that will be

testifying. We'll debate with each other,

hopefully, at a future meeting on this legislation,

if it takes a debate form.

But during today's hearing, I would ask

respectfully to the members to limit your

engagement with out guests to asking them questions

in trying to gather information that could be

beneficial to our future debate in consideration of

this legislation. We'll also be working to stay on

schedule.

With that, we'll let Representative

Marshall lead off with a few remarks on the bill,

and then we'd invite Representative Marshall to

join us, if he'd like, to join the committee to

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talk with our guests. Thank you, Representative

Marshall.

REPRESENTATIVE MARSHALL: Thank you, Mr.

Chairman. Thank you for the opportunity to come

before you and the members of your committee to

bring this bill to light and to have the public

learn more as we all learn more about the

opportunity.

I believe that House Bill 466 will help

to bring statutory clarity. It's been requested by

the Pennsylvania Supreme Court, and my hope is that

we can have dialogue and gather information on

this.

Again, I appreciate this opportunity to

be before the committee. I'd like to defer the

rest of my time to the guests here today.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Marshall. Please feel free to join

the members seated on the other side of the table.

At this time, we'd like to call our

first testifiers Sheriff Weaknecht from Berks

County and Sheriff Welsh from Chester County. I

believe there might be a sheriff or a deputy here

from Allegheny County that was, possibly, going to

sit with the panel if any questions came up that he

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could lend his expertise to, because I believe in

Allegheny County they know some of the powers that

we're actually discussing here today to -- in a

broader way give the sheriffs across the state.

Thank you, sheriffs, for joining us, and

either -- whoever would like to begin may begin.

SHERIFF WELSH: May I begin?

MAJORITY CHAIRMAN METCALFE: Yeah, go

ahead.

SHERIFF WELSH: Good morning, members,

and thank you so much for having us here today. My

name is Carolyn Welsh. I am the sheriff of Chester

County, Pennsylvania. I have served as sheriff for

17 years. I'm past president of the Pennsylvania

State Sheriffs Association and on the executive

board of the National Sheriffs Association.

Chester County has a population of

510,000 people and 73 municipalities. There are 47

police departments, and the unincorporated areas

are covered by the Pennsylvania State Police. The

Chester County Sheriff's Office has built an

outstanding relationship with all levels of law

enforcement. We have worked and trained with the

United States Marshals, worked with the United

States Secret Service, the Pennsylvania State

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Police, and all municipal agencies in every

township and borough in the county.

Ninety percent of the Chester County

Sheriff's Office deputies are certified in Act 2

and Act 120. They are respected and highly

regarded by the other agencies.

My message is very simple; three Cs:

Consistency, clarification and cooperation.

Consistency. The good relationship we

have in Chester County is not the circumstance in

many of the counties in the Commonwealth of

Pennsylvania. That is why this legislation is so

necessary. Authority should be consistent, and the

2,500 highly-trained and certified deputy sheriffs

should be equal with every other agency throughout

the state. The citizens desire that. Authority of

these well-trained law enforcement officers should

not be determined by a good or bad relationship

with any other elected official.

Clarification. Each county sheriff

should be clear on the authority of the office of

sheriff. That authority should not change from

county to county.

And last, cooperation. The full

cooperation of every level of law enforcement,

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federal, state and local, is necessary in order to

provide the best safety and security to our

citizens.

The Pennsylvania deputy sheriffs are a

force multiplier in the event of a natural or man-

made diaster, and there should not be any question

regarding their authority and ability to work side

by side with every other law enforcement agency.

The citizens of this great Commonwealth deserve to

have 2,500 highly-trained deputy sheriffs to serve

and protect.

Thank you.

MAJORITY CHAIRMAN METCALFE: Thank you,

Sheriff Welsh.

SHERIFF WEAKNECHT: Eric Weaknecht. I

am the sheriff of Berks County. I've been with the

sheriff's office for almost 33 years. I've been

the sheriff for the last 10.

The biggest problem we have in Berks

County is, we are responsible for serving warrants

for all municipal police. That's thousands of

warrants a year. We also conduct approximately 100

traffic citations per month.

On multiple occasions, we will come

across controlled substances. Our district

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attorney has made the rule that if a control

substance is found, it is considered an

investigation, therefore, because it has to go to a

lab to get the suspected contra -- to see if it is

contraband, if it's illegal.

What we have to do on the service of the

warrants or if it's plain view on a traffic stop

is, call the local municipality to come in and file

the charges on what a deputy sheriff has found.

What that does is, it takes two agencies then to

prosecute that case. You're looking at overtime

for the prosecuting agency, and the deputies have

to be called as witnesses as to how they found that

substance. So, that is a big problem for us,

especially in the city of Reading, where we have a

diminished police department, and also, under Act

47 financially, so they're spending a lot of money

on overtime.

The other problem we have is, obviously,

the deputy sheriffs -- a lot of my deputy sheriffs

are part-time police officers. So when they're

wearing this star and they come across a controlled

substance, they can't prosecute that case. But

yet, when they go home and change uniforms, same

training, same person, and work in a part-time

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policeman capacity, they can then prosecute that

case. So we're just looking for clarification on

this, and 466 does that. We're asking for your

support on this bill.

MAJORITY CHAIRMAN METCALFE: Thank you.

Sir, do you have anything you'd like to

add before we start with the Q and A.

COMMANDER O'NEILL: No. I'll just be

here for, hopefully, to answer some of the

questions as it pertains to Allegheny County.

MAJORITY CHAIRMAN METCALFE: Thank you.

Members with questions? Representative

Knowles.

REPRESENTATIVE KNOWLES: Thank you, Mr.

Chairman, and welcome all.

I'm going to express my gratitude to

Sheriff Weaknecht. Thursday he did a

concealed-carry program for me, and we've had a

total of somewhere around 1,500 people in the

course of time in Schuylkill and Berks counties.

If anybody wants to do a concealed-carry program,

he's the guy to see. He does a great job.

MAJORITY CHAIRMAN METCALFE: Not a

commercial time, Representative Knowles; time your

questions.

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REPRESENTATIVE KNOWLES: Okay, Mr.

Chairman. Thank you.

I guess there would be two questions.

The one would be, in terms of if, in indeed, this

legislation were to pass, would this require in any

way an increase in numbers in terms of your

complement? Do you feel that it would?

SHERIFF WEAKNECHT: Absolutely not.

SHERIFF WELSH: Absolutely not in

Chester County, either.

REPRESENTATIVE KNOWLES: Okay. The

other quick question is, in spite of what we're

dealing with state police coverage and local police

coverage, if you could design the ideal situation

in terms of law enforcement within communities and

within counties such as Berks, Schuylkill and

Carbon, what do you believe that ideal situation is

in terms of the structure? Do you think the, you

know, county police, local police, state police, I

would just be curious to know what you would have

to say about that.

COMMANDER O'NEILL: Well, currently, in

Allegheny County, we have about 120-some odd police

departments within the county itself to include a

county police force. We work hand in hand with

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them on a regular basis. A lot of times, even the

Pittsburgh Police who is in Allegheny County,

they'll get warrants for homicide suspects, Megan's

Law violators, rapists. A lot of times they don't

have enough time to devote to deal with going after

those folks, so they come to us; they defer to us.

Because we have county-wide jurisdiction, we're

able to track those folks down.

So, we work hand in hand with both our

county and the state police, as well as numerous

smaller borough departments with no problems

whatsoever at this point. They actually come to us

because they know of our abilities, and the fact

that we have the 120 powers; that we can

investigate and look further into their warrant to

track that person down, but it's worked very well

for us.

REPRESENTATIVE KNOWLES: Thank you very

much for the job that you do as a former county

commissioner. I'm well aware of what the sheriff's

department does, and I thank you for your service,

all of you, that are here today.

Thank you, Mr. Chairman.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Knowles.

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Representative Daley.

REPRESENTATIVE DALEY: Sorry.

Malfunction on that.

Thank you, Mr. Chairman. The CCAP has

an official policy statement for 2016-17 that

supports a change in policy related to sheriffs,

but I think one of the issues that they outline is

related to the cost and the cost of the additional

training. They have a whole outline of A through K

of pieces that they're interested in.

Are you familiar with that document?

SHERIFF WEAKNECHT: I am not.

SHERIFF WELSH: I am not either, no.

SHERIFF WEAKNECHT: But if I could

address, there would be no change in training.

SHERIFF WELSH: Every deputy sheriff is

currently trained to the Act 120 standards, Act 2

standards and even beyond, so there would be no

additional training costs involved with the

authority.

SHERIFF WEAKNECHT: And as far as

manpower, that would fall under the county

commissioners through salary board. So even if a

sheriff would request more deputies, that would be

driven by the county commissioners themselves

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because of the salary board.

REPRESENTATIVE DALEY: All right.

Mr. Chairman, can I just have a

follow-up question?

MAJORITY CHAIRMAN METCALFE: Certainly.

REPRESENTATIVE DALEY: Thank you.

Related to the cost, PCCD did estimate

there would be an increase in the cost for

providing the training to ensure that the two

different kinds of training were in sync. They

said that it would be, potentially, a 30 percent

increase in their training cost.

Are you aware of that?

SHERIFF WEAKNECHT: No. I actually sit

on the training commission, and I never heard that

discussed at any meeting.

REPRESENTATIVE DALEY: Okay. Thank you.

SHERIFF WELSH: Not only that, I've

never heard it discussed, but remember, the

training for the deputy sheriffs in PCCD is funded

by funds; a 10-dollar per charge on civil process

served to PCCD. So, PCCD Act 2 or sheriff

deputy/sheriff training is fully funded by the

deputy sheriffs.

MAJORITY CHAIRMAN METCALFE: Thank you.

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REPRESENTATIVE DALEY: Thank you.

MAJORITY CHAIRMAN METCALFE:

Representative Dush.

REPRESENTATIVE DUSH: Thank you,

Chairman.

Actually, much of the clarification I

was just going to ask for was already addressed.

So, Sheriff Welsh, you're saying that

they're trained both to Act 2 and Act 120, all

2,500 deputies?

SHERIFF WELSH: I can't address. I was

addressing Chester County.

REPRESENTATIVE DUSH: Do we have --

That's the price I was gonna get to. Do we know

how many are certified to each? Does the

association know, by any chance?

(No answer).

REPRESENTATIVE DUSH: Okay. We'll get

to that. I see a nodding of the head. We'll get

to that, I guess, when that part comes up.

I do want to say, for Jefferson County

and Indiana County, and Sheriff Gotwald is here

from Jefferson County. I know Sheriff Fiock

(phonetic) would be. But in talking to my

municipal police officers who are also deputies

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sheriffs in both counties, they would be grateful

for the assistance and the ability to -- and our

municipal governments also wouldn't incur the cost

of having two officers testify when there only

needs to be one. I'd like to thank you, Sheriff

Weaknecht, for addressing that as well.

Thank you, Mr. Chairman.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Dush. Representative DeLissio.

REPRESENTATIVE DeLISSIO: Thank you, Mr.

Chairman.

Gentlemen from Allegheny County, you

mentioned that your office is often -- because of

your county-wide powers, your office is often asked

to deliver warrants where local municipalities

can't get to.

Is there any type of tracking or cost

involved or reimbursement or charge for that, or is

that just done as kind of a quid pro --

COMMANDER O'NEILL: Well, it depends on

what type of warrant it is. I mean, if we're going

after a homicide suspect, a lot of them --

For instance, we had one a year or so

ago in Wilkinsburg where we had a number of people

that were killed. We worked in conjunction with

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the county police on that case. They were the lead

agency. But, because of our contacts and our

ability to help them track them down, we didn't

incur any additional costs. We just shifted our

detectives to that case to track those guys down.

They happened to be within our county, but many

times we go outside the county as well.

If they're out on bail, sometimes we can

track them down and get the bail to pay for us

bringing them back. It all depends on the type of

warrant and what the charges are and, quite

honestly, how far we're going for them.

REPRESENTATIVE DeLISSIO: So, there

could be situations, whereby, your department, if

you will, is reimbursed?

COMMANDER O'NEILL: Yes, definitely.

REPRESENTATIVE DeLISSIO: Okay. And is

there data, not to cite today or this morning, but

is that -- So the reimbursement we established

happens. Is there any data that quantifies that or

any type of report that you might be able to submit

or -- you know, of X amount of man-hours, this

amount is outside and reimbursed? Do you know if

you track it to that degree?

COMMANDER O'NEILL: Honestly, I don't

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know that we do. Our investigators, they would

submit that paperwork to our administration, which

I'm not sure if it's done. I know -- When they're

out on bail, I know that we go back to the agencies

and we'll go and recoup our costs from them.

Depending on the warrant, we do do that. We do

have records of that.

But as far as tracking them out of

state, I can't say that. Other than, you know, we

incur airline costs and stuff like that to go and

get them, and that stuff certainly is tracked.

REPRESENTATIVE DeLISSIO: Thank you.

COMMANDER O'NEILL: Sure.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative DeLissio.

Representative Wheeland.

REPRESENTATIVE WHEELAND: Thank you, Mr.

Chairman.

Thank you all for attending. Packed

house today.

Like Representative Knowles, in my past

life, I was a county commissioner; chairman of the

board for Lycoming County; had a great working

relationship with our sheriff, Sheriff Mark Lusk.

But I do have, and I guess it's more of

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a comment, but feel free to chime in, but it's just

a thought that I had; that there is no police

agency in Pennsylvania which does not have a

civilian head.

For example, mayors appoint the police

chiefs; even the Governor appoints the commissioner

of the PSP. And let's say, for whatever reason,

that the head police officer, chief, commissioner,

does not do a satisfactory job or tends to go

rogue, or whatever the case might be, he can be

removed immediately by the civilian. That does not

occur in the case of a sheriff. I believe

Lancaster County currently is under a process.

So, it's just a concern that I have, and

feel free to comment, if you would like. Thank

you.

SHERIFF WEAKNECHT: We have to stand for

election every four years, so if we're not doing

our job, then the citizens have a chance to remove

us. So, I think that pretty much is -- makes

sheriffs do their job because of the fact, if

they're not, they can replaced.

I do understand it's a four-year term,

but most police chiefs work under contract. A lot

of times municipalities will remove that chief of

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police for cause, but they'll still have to pay a

portion of that contract out. So, that's one of

the things that I think is extremely important

about the office of sheriff is that, you do have to

stand for election.

SHERIFF WELSH: Just to follow up with

what Sheriff Weaknecht said, you are correct that a

police chief answers to the governing body. That

could be the township commissioners; it could be

the borough council. In a city like Philadelphia,

it could be the mayor. Depending on how good or

not good that governing body is, they appoint or

unappoint the police chief.

Once again, as Sheriff Weaknecht said,

we have to answer to the people every four years

and be held accountable.

REPRESENTATIVE WHEELAND: Thank you very

much.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Wheeland.

We had a couple other members who wanted

to ask questions, but we're out of time for this

panel, so they'll be first on the list for the next

question series.

Thank you all for being with us today.

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Thank you for your taking time out of your

schedules and for your testimony, we appreciate it.

And thank you for your service to the citizens of

our state. Thank you.

Our next testifier will be District

Attorney Rob Greene, and he is from Warren County.

Sir, you can take a seat and start your testimony

when you're ready.

SHERIFF GREENE: Good morning.

MAJORITY CHAIRMAN METCALFE: Good

morning.

SHERIFF GREENE: I'm used to standing

when I talk, so this is gonna be odd.

MAJORITY CHAIRMAN METCALFE: You're

welcome to stand if you'd like, but the microphone

doesn't reach.

SHERIFF GREENE: I want to thank

everyone for having me here today. I think it's an

extremely important issue. I want to thank the

members. I want to thank the Pennsylvania State

Police, municipal police officers, and most

important today, the men and women sitting behind

me, the sheriff deputies and the sheriffs that are

elected to help us with what's, I think, is

paramount in all of this is public safety.

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I want to apologize to the members of

the committee because I did not prepare a speech.

I got a couple e-mails that, we still don't have

your speech and we need to make 50 copies when you

get here. You can make them yourself or we can

make them for you. I didn't have a speech

prepared.

To me, I kind of speak off the cuff, and

that's the way I handle my law practice. That's

the way I handle being the district attorney now.

I've been the district attorney in Warren County

now for three and a half years, and I'm seeking

re-election this year and, fortunately, a week and

a half from now, no one is running against me as of

yet, so it looks like I'm gonna be doing pretty

good.

But, this is a matter of public safety.

That's the key. When you can increase over 2,000

law enforcement officers with a stroke of a pen or

with a vote, at no cost to the taxpayers, I don't

know what I'm missing.

MAJORITY CHAIRMAN METCALFE: Sir, not to

interrupt you, but can you pull your microphone up

just a little bit? They are broadcasting under PCN

right now. Just so the listening audience can --

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SHERIFF GREENE: Can you hear me now?

MAJORITY CHAIRMAN METCALFE: Yes, sir.

We could hear you, but I wasn't sure if the TV

audience could. Thank you.

SHERIFF GREENE: I think public safety

is the absolute issue. If you could increase the

law enforcement officers across the Commonwealth by

2,000 plus, 2,500 law enforcement officers with a

stroke of a pen, it doesn't make sense not to.

I do have some notes that I took. I'll

put my glasses on, which makes me look about 20 IQ

points smarter, so we got that.

Last night it came to me. Last night

when we came in, checked into the hotel, a lady was

driving a big tour bus, and she came by and there's

a, I don't know, about 15 sheriff deputies, the

elected sheriff standing up front and we're

standing out there. She walks by and says hello,

and the sheriffs are talking to her about what

we're here for. We're here because we're the

sheriffs and that kind thing, and I was standing

there.

She went in. She's getting her luggage.

I started to walk to my room and she stopped me.

She said, can I tell you something for a second?

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Can I bother you just for a second? I said sure.

She said, I just want to thank you for what you do.

She thought I was a sheriff. So, I, instead of

correcting her, just said, you're welcome. I

really appreciate you saying that. She said, no, I

really mean that. I really appreciate what you do.

Most of the civilians in the

Commonwealth have no idea that sheriff deputies do

not have law enforcement powers. I can say this

for a fact because I've addressed this issue. When

I was elected the district attorney of Warren

County, I wanted this to be an issue.

I talked with the sheriff. Larry Kopko

was the sheriff of Warren County, which somewhat

started this Kopko versus Miller, have made this --

I'm really glad this is here, because I made this a

point to make sure to address this issue.

When I talked to groups that I talk to,

mainly about drugs or something along those lines,

talking to parents of teenagers, at least 80 to 90

percent of them have no idea that sheriff deputies

are not law enforcement officers. And I think if

they did know, that that would -- that should

affect your decisions on what -- see what they

think.

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I'm in a rural county, and we're a very

large county geographically. It probably takes, if

you're running code, 30 to 45 minutes the soonest

you're gonna be able to get from one side of the

county to the other. On any given night, even the

weekends, there's probably one Pennsylvania State

Police parol car patrolling the entire county.

We have three municipal police

departments; one that's a part-time sheriff, so we

have three and a quarter, I guess, which patrol

their areas. But the majority of the geographic

land in Warren County is not patrolled except by

one Pennsylvania State trooper. God forbid he's on

an accident call and something else happens in

Warren County, which does happen quite often. The

sheriff deputy should be able to go out to that

call and investigate the scene and have the same

powers as law enforcement officers.

The only logical reason that I can think

of of why the legislators -- why you, as

representatives, would not want to pass a bill like

this, besides the obvious political overtone that

is out there, but the only logical reason is the

training. They argue that the training of Act 2 is

not as adequate as Act 120. I don't know. The

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only way you're gonna know that is if you talk to

someone who actually went through Act 120 training

and went through a deputy sheriff training.

However, everyone I've talked to seems

to say they're exactly the same. They had

basically the same instructors; they're trained in

the same way. My experience as being a defense

attorney for 12 years and now the D.A. for three

and a half years, I see absolutely no difference

but for the fact the sheriff deputies don't have

that experience. The reason they don't have that

experience is because they were told in 2003, 2004,

they were no longer law enforcement officers.

My FOP, which I'm a member of, took a

vote last week, and the FOP voted unanimously in

favor of House Bill 466. All of our members are

municipal police officers, some deputies; majority

are municipal police officers and, unanimously --

We have 38 members. Twenty-nine of them, I believe

voted, and everyone voted unanimously in favor of

House Bill 466.

This might be a rural-city issue. Maybe

that's the reason why there's an argument, which I

don't really see a logical argument for it. With

that being said, the rural counties need this.

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I have a Warren County Drug Task Force

that I started when I became the D.A. We have a

heroin epidemic nationally, and Warren County,

unfortunately, is not immune to this epidemic.

This task force that was created, and the sheriff,

who's my intelligence officer, who's one of the

main thrusts in getting this going, and a deputy

sheriff, Dee Barrett-Klakamp, who's in the room

today also, was one of my coordinators, and getting

that going has put a huge dent.

We had a huge bath salts problem. We

pretty much eliminated bath salts in Warren County.

Now heroin is starting to come in and we have meth

labs. But it's a fantastic venue for us to use to

keep drugs out of Warren County.

We do use deputies on the Warren County

Drug Task Force, but they have to be Act 120, for

the funds I get from the Attorney General's Office,

which is fantastic they do that, can only be used

for those officers. So, that creates a vacuum, in

that, there are half -- half of our sheriff

deputies are not Act 120 and, therefore, can't

participate.

I honestly don't see the argument for

not passing this bill or not getting this through

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committee or arguing further on down the line.

There is no logical reason to not make sheriff

deputies law enforcement officers with full powers

just like municipalities and state police.

And thank you for your time.

MAJORITY CHAIRMAN METCALFE: Thank you,

sir. Members with questions, we had Representative

Daley and McCarter who had questions for the last

testifier. Would Representative Daley like to lead

off?

REPRESENTATIVE DALEY: That would be

great. Thanks, Mr. Chairman.

Mr. Greene, thank you for being here

today.

SHERIFF GREENE: Thank you.

REPRESENTATIVE DALEY: So, I live in

Montgomery County, which is about 800,000 people,

and a lot of local police departments. And your

comment that it might be an urban city issue, I

think may not just be city, but --

So my question is: In an area that has

a lot of local police departments and a pretty

large sheriff's department, I'm concerned about

chain of command, and I'm concerned about how that

actually would fit into the local police

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departments, because I think that that's a -- I

don't know if it's completely different. I've

never lived in Warren County. I've lived in

Montgomery County my whole life.

But, do you have any comments on that?

SHERIFF GREENE: First off, you can come

to God's Country any time you'd like. It's up in

northwest PA.

REPRESENTATIVE DALEY: Oh, great.

Probably a great place to vacation.

SHERIFF GREENE: It's wonderful.

Absolutely. And I think there is that

issue right now, and it's not an issue, but you

have the state police with the same coverage as the

City of Warren Police or the Conewango Township

Police and the other municipal police departments,

and it works out fine. There are no issues.

With the sheriff's department, I see the

sheriff's department more as, if there's -- if

there is a burglary in part of my county that the

state police have sole jurisdiction at this point,

and at the sheriff's department the House Bill 466

passes and they will dual jurisdiction, your

question is, as I understand it, if they both get

there at the exact same time, who has jurisdiction?

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Well, let me put it to you this way:

First off, the decision maker in my eyes would be

the district attorney. The district attorney is,

by statute, the chief law enforcement officer in

Warren County. I've never been to Act 120 school

or Act 2 school or don't know anything about law

enforcement but what I've seen. I was in the Army,

but other than that, but they --

I appreciate you've anointed me to be

the chief law enforcement officer in Warren County.

I'd be able to say who has jurisdiction, one or the

other.

That being said, the Pennsylvania State

Police, they are fantastic. Fortunately, in Warren

County, we only have one homicide a year, maybe. I

mean, it's -- I've had four since I've been D.A.,

and the sheriff's department or the local municipal

departments can't handle a homicide. We need to

call in the state police, and they have their

investigative team that comes from Erie to

investigate that.

It's a matter of logistics and whether

the -- the sheriff's department or the local

municipality be able to handle it or not. I don't

see that as an issue. Once in a blue moon, if both

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arrive at the same time, and you have a sheriff

deputy that has a huge ego and a trooper that has a

huge ego, then maybe you'd have an issue of whose

case that is. But I think that can be easily

worked out, and I really don't see that as an

issue. The same way it's not an issue right now,

when a crime happens in the City of Warren and they

both have jurisdiction.

MAJORITY CHAIRMAN METCALFE: Thank you.

REPRESENTATIVE DALEY: Thank you.

MAJORITY CHAIRMAN METCALFE:

Representative McCarter.

REPRESENTATIVE McCARTER: Thank you, Mr.

Chairman.

If I could follow up on that, again,

Representative Daley's question a little bit, I

have the same concern, really, in a county where we

have 49 different police departments and trying to

integrate into that, the sheriff's department in

terms of chains of command.

I'm having difficulty in seeing how that

plays out also in terms of where that works in a

county the size of Montgomery County, as an

example.

SHERIFF GREENE: Sure.

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REPRESENTATIVE McCARTER: I guess the

question that really comes back to that also deals

with pay issues. I don't think it's -- I think

it's fair to say that the deputy sheriffs do not

have quite the same pay stature at the present

moment as the police officers do, and they're not

covered under Act 111, and they're not also part of

Civil Service completely in the same vein.

So, would this trigger all those changes

in terms of, number 1, becoming part of Civil

Service; number 2, Act 111 and seeing the --

obviously, the pay raise also doing the same job

categorization that we're talking about would have

implications -- far-reaching implications for many

of the counties, larger counties in particular,

which would have major budgetary issues, I think,

as a result of that.

SHERIFF GREENE: I don't think so, and I

can only answer for Warren County and I can't talk

for the sheriff.

But I am gonna say, with regards to, in

Warren County, the sheriff would be seen more as,

in that situation that I just talked about with

regards to both arguing at the same time, the state

police would have jurisdiction over that case,

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because the sheriff would be seen more as a backup

role and they are there for support. They're the

only ones that show up, then, absolute, they would

investigate and have those powers. So, I don't see

that as an issue in my county. I don't know how it

plays out in other counties.

With regards to your other question, I

don't see that as an issue, but I can't answer that

intelligently because I don't know enough about it.

REPRESENTATIVE McCARTER: Thank you.

MAJORITY CHAIRMAN METCALFE:

Representative Sims.

REPRESENTATIVE SIMS: Thank you, Mr.

Chairman.

Thank you, Mr. Greene, for testifying.

You obviously are testifying in support of H.B.

466. Are you a member of the Pennsylvania District

Attorneys Association?

SHERIFF GREENE: I am.

REPRESENTATIVE SIMS: And are you aware

that they are not supporting this bill?

SHERIFF GREENE: Kind of. I know Rich

Long is here. I've talked to him a couple times

last week. I am aware they did not support it in

2008. I have not seen a letter or anything saying

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they're not supporting it this year. I have been

told verbally by Mr. Long that he believes they're

taking the same stance this year, but I'm not aware

of any referendum or vote to that.

I have talked to other district

attorneys in counties close to mine, and they're

in favor of it, so -- But, yes, I am aware that

they take an opposite position of what I'm --

REPRESENTATIVE SIMS: I suppose I'd like

to ask for your opinion. I have an e-mail here

from a gentleman named Greg Rowe, who is the

Pennsylvania District Attorneys Association's

legislative liaison, and it's dated yesterday. And

he says that the PDAA does not support H.B. 466,

because adding a new entity to provide general

police powers may cause duplication and issues of

dual jurisdiction, especially without any oversight

by the local and state police. They are concerned

about the impact on the balance of powers under

current law possessed by local and state police and

sheriffs.

Do you disagree?

SHERIFF GREENE: I do.

REPRESENTATIVE SIMS: And you mentioned

that your local FOP voted unanimously in favor.

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Are you aware that the state FOP is opposed as

well?

SHERIFF GREENE: I am.

REPRESENTATIVE SIMS: Do you disagree

with the state FOP?

SHERIFF GREENE: Absolutely.

REPRESENTATIVE SIMS: Why do you think

that it is, then, that they oppose this if your

local FOP supported it unanimously?

SHERIFF GREENE: That's a good question

because it's -- My FOP supports it unanimously, and

it's municipal jurisdiction, municipal officers,

Act 120 have nothing to do with the sheriff's

department and they voted unanimously for it.

I am not only in favor of House Bill

466, I'm here speaking today because I think it's

such an important thing. Why the District

Attorneys Association and why the FOP publicly are

opposed to it, I don't know. I was never asked.

I'm a member of both.

REPRESENTATIVE SIMS: The reason I ask

is that you have pretty impressive credentials, as

you've laid out. And as a member of both, I am

incredibly curious. I'm a little bit surprised to

see the, sort of, disparate approach from

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individual district attorneys, individual FOPs

versus the statewide.

So, as a member of both, could you give

me a little bit more about why it is, do you think,

that they're opposed if your local is so

supportive?

SHERIFF GREENE: I would have to guess,

and I don't want to speculate as to why they --

besides something political that is out of my area

of expertise.

REPRESENTATIVE SIMS: Okay. Thank you,

sir.

SHERIFF GREENE: Thank you.

MAJORITY CHAIRMAN METCALFE:

Representative Sims. Thank you, sir, for making

the trip down here today.

SHERIFF GREENE: Thank you.

MAJORITY CHAIRMAN METCALFE: We'll move

on to our next testifier. Thank you for you time

and expertise and sharing that with the committee.

I know Representative Rapp is in the

audience, who represents Warren County, and

Representative Jozwiak is here in the back and

would invite both of the members to take a seat up

front, if you'd like to join us, instead of sitting

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in the audience or standing in the back. In

Representative Jozwiak's case, he's been standing

for, probably, a better part of an half hour.

You're welcome to take a seat with the committee,

if you'd like, sir. Thank you for being here this

morning.

Our next testifier will be Mr. Douglas

Hill. He's Executive Director for the County

Commissioners Association of Pennsylvania. Mr.

Hill, thank you for joining us. You can begin when

you're seated and ready, sir.

MR. HILL: Good morning, Mr. Chairman,

and members of the committee, and thank you for the

opportunity to present our comments today.

I believe you have our written comments

in front of you. I'm not going to bother you with

reading those to you. I think I'll just start by

responding to some of the discussion you've already

been having.

For the County Commissioners Association

of Pennsylvania, we have had a position for quite

some time on the arrest powers of the sheriff's

department. We have had a position as well and

concurrently with whether the sheriff's department

should be functioning as the equivalent of a

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municipal police department.

This really wasn't an issue until 1994.

Up until that time, under Pennsylvania's law and

practice, the sheriff's role has been primarily to

serve process on behalf of the court. It was in

1994, the Pennsylvania Supreme Court issued the

Leet decision, and in the Leet decision they found

that the sheriffs also had a common law arrest

power, so that did change the playing field

somewhat.

The clarification of those seems to make

sense because, if you have someone, as others have

testified, trained and in uniform and to have them

not have the ability to make arrest didn't seem to

make any sense, so that's where the court was

headed in '94.

The court since then has clarified and

then partially rescinded those arrest powers, so

you have the Kline decision that essentially said

you can't do an arrest under the vehicle code

unless you've been trained to the vehicle code, and

so, deputy sheriff's training was amended to

include that type of training.

Following that, we had the Kopko

decision in 2007, and that partially rescinded the

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arrest power because it seemed to tie it closely to

the definitions that were available in statute

relative to specific laws; so Kopko, and then

Dobbins the year after that.

With Kopko, I should say, our

association changed its position relative to

sheriff arrest powers, and we said very simply that

they should be restored and clarified statutorily

so that we were all operating on a clear playing

field.

But, beyond that, we still had the open

question, and it occurs to me that the discussion

you've already had in your questions blurs the line

between simple arrest powers, and then, are they

actually the equivalent of a municipal police

department, and that's, at this point, where our

association draws the line. We do not believe --

We do believe firmly that the statute

should be clarified so that arrest powers are clear

and unambiguous, so that they can on sight execute

an arrest, so they can with clear statutory

authority participate on a district attorney's drug

task force and so on. But, in terms of then taking

the next step and becoming a municipal police

department, we think that can become problematic.

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So, the two specific questions that we

have with 466 -- And, by the way, I'll say, because

I didn't say clearly already, we do support

consideration of the legislation. But, at the same

time, we support clarification, and the reason is

to get to that same ambiguity that you all have

been expressing so far.

The two related matters are, first,

whether this is cast is permissive or is it duty.

And while that sounds a bit arcane, the reason is,

under current case law, the row offices, the

sheriffs and all the others, are elected officials.

The county commissioners are equals. We just

simply have the budget authority, contracting

authority and personnel authority that they do not.

But what the courts have repeatedly

affirmed is that the county commissioners are

required to fund each of the rows sufficient for

them to administer duties. And so, duties becomes

the operative word. So, if it's not a duty, then

it's a matter of budget negotiation; it's a matter

of salary board negotiation, if it's permissive.

But if it's a duty, we have an obligation to fund

to the extent the row office can make that

assertion.

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The second issue is one that a couple of

you have raised already, and that is, if it is the

legislature's intent that the sheriff's departments

actually serve as the equivalent of municipal

police department, then we would like to see some

of the same protections that are available to the

public in that context. And so, that includes

things like standardized procedures on how we

delineate that as a department, because it

currently doesn't exist. It's something we're

creating from scratch.

Second, the department has to be under

some level of civilian review, so whether that's

reporting to the board of commissioners or whether

there's a separate review panel to satisfy that

point.

Very clearly, and we know this from our

emergency management responsibilities at the county

level, you have to be clear on mutual response

agreements, command and control, hot pursuit, and

then other things like Civil Service. The list

goes on a bit, and I have that full list in the

testimony.

But the bottom line is, we do support

consideration of 466, but again, we need some

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additional work on the language to be clear that

its exclusive intent is to address what the Supreme

Court has issued in four separate cases relative to

their power, and that it not be extended to

creating them as an equivalent of municipal police

department.

I'll be happy to take your questions.

MAJORITY CHAIRMAN METCALFE: Thank you

very much, Mr. Hill.

Members have questions? Representative

Daley.

REPRESENTATIVE DALEY: Thank you, Mr.

Chairman.

Mr. Hill, good to see you today. So,

Pennsylvania has 67 counties; some large, some

small, some urban, some rural, some very diverse in

population. Do you see this as something that can

work in every single county if the list of what

CCAP has laid out could actually work?

MR. HILL: Well -- Excuse me.

REPRESENTATIVE DALEY: Or do you see

challenges for counties that have full police

departments and, um, already?

MR. HILL: I think it's largely gonna be

situational. I think that's what we referred to in

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the opening bullets in our list; that you have a

way to make that determination locally and see what

fits best.

I would say, it also raises in some

respect the issue you already have in parallel with

state police jurisdiction where municipalities are

paying for both state police and for their local

police departments. So, by extension, county-wide

policing, how does that play in the municipalities

where you have a police department versus

municipalities where you do not?

REPRESENTATIVE DALEY: Thank you.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Daley. Representative Hill.

REPRESENTATIVE HILL: Thank you, Mr.

Chairman.

Mr. Hill, no relation. Thank you for

being here today. Question for you:

This legislation, as drafted, would it

have your support, or do you believe that these

other things that you said need to be addressed

need to be drafted as amendments to move this

legislation forward?

MR. HILL: It's a two-part answer.

In simplest terms, we do not support the

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bill with this specific language. It does, at

minimum, need clarification to say, all we -- this

is -- we don't have language, but to be clear that

all we are doing is establish with clarity that the

sheriffs have arrest powers, period. We do not

want it to create any ambiguity that it also

creates them as the equivalent with a municipal

police department.

And so, our concern is, as currently

written, and as many of you already read the bill

and seem to believe in your interpretations, it

does seem to go beyond that threshold. So, that's

what we'd like to have clarified.

Then secondly, we do not at this time

support creating sheriff's departments as an

equivalent municipal police department. So the

second part is, and in a different context we would

recommend, if you want to head down that path, then

here's the long list of policy questions that you

need to consider and have included in that separate

legislation.

REPRESENTATIVE HILL: And is that

something that you would be willing to clearly

articulate for us?

MR. HILL: We can. The bullet list in

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the testimony, I think, gives you the outline. If

that's the path the legislature would like to go,

we'd be pleased to be part of that discussion.

REPRESENTATIVE HILL: Thank you very

much.

MAJORITY CHAIRMAN METCALFE: Other

members?

(No response).

MAJORITY CHAIRMAN METCALFE: Thank you

very much, sir, for your testimony. Thank you for

being with us. We appreciate it.

Our next testifier is Chief Inspector

Paris Washington from the Philadelphia sheriff's

office. He's also homeland security, special

operations/special investigations in training. You

have a long list of work that you do, sir. Thank

you for being with us today. You can begin when

ready.

CHIEF INSPECTOR WASHINGTON: Thank you,

Mr. Chairman and committee. I've submitted to you

my written remarks, so again, I'm not going to

repeat them for you.

I've been listening very carefully to

the comments this morning, and I think language is

important and the interpretation of that language

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is very important. I agree with the previous

speaker. We're not police departments. The

sheriff's office is elected by the people and are

county officers.

I've heard a lot this morning about

training: Act 120, Act 2-114, Pennsylvania State

Police training. None of these trainings give

authority. They're mandated by you to make sure

that these appointed officers, in fact, are

qualified. In police departments, the local

jurisdiction gives the authority. The sheriff's

office, when he's elected, the Governor of this

Commonwealth gives him a commission and authority.

Pennsylvania State Police, which is an Executive

Branch of the Governor, gives the authority.

It's important to me, after 33 years of

continuous service, that when a citizen is in peril

and that they approach me, that I have the power,

the authority to help them without any delay.

In my submissions, the question of

authority comes up constantly. Why recreate the

wheel? In 1997, a blue ribbon panel of you asked

the state Attorney General that very same question;

an unbiased independent elected office.

In my submission, they clearly define

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terms, and I think when you look at that, it makes

this even clearer. Do I want Philadelphia sheriffs

to be police? No. Do I want them to be a police

department? No. I want them to be what the

Constitution says they are; sheriffs.

I've worked on many task forces, ladies

and gentlemen. When I see U.S. Marshals, they say

the word police. When I see ICE, they say the word

police. Police is a function; not a position.

It's a function.

Throughout this Commonwealth, despite

what anyone tells you, not only do we have a drug

problem, but we have increased violence. Some

places have said to me, I don't believe it can

happen here. It can happen anywhere. And as many

law enforcement officers--notice I didn't use the

word police officers--law enforcement officers that

can assist in protecting our citizens, I took that

oath, probably the same oath you took.

In my brief, I talked historically about

two different government agencies. When William

Penn landed, and he came to this beautiful land, he

appointed a council of individuals to make laws.

You are that modern-day council. His second

appointment was a gentleman by the name of John

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Taus, the first sheriff; the first law enforcement

in the new world. His job was to preserve the

peace.

Ladies and gentlemen, this has been a

debate for many years. I ask you, I plead with you

to clear the debate because you are the elected

officials who determine definitions. Please look

at that 1997 report from the state Attorney

General. See how he defines legally terminology

such as police powers. And I believe, like all the

citizens who elected you, that you will see a very

clear picture of what sheriffs are. They are the

oldest law enforcement officer in America and have

been here since the beginning of this great

country.

We're not asking to be better. We're

not asking to be worse. All we're asking is that

you recognize the authority that the sheriff's

offices have throughout history till this day. In

fact, every Supreme Court decision has made it very

clear, unless you aggregate the authority, it

exists.

I want to thank you very much for giving

me the opportunity. I don't get to come up here.

I'm very proud to say as a sheriff, deputy sheriff

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working for the Honorable Joel Williams, who is a

member of this honorable body, that he believes

that sheriffs can be a significant assistance in

preserving the peace in this Commonwealth.

Thank you.

MAJORITY CHAIRMAN METCALFE: Thank you

very much, Chief Inspector Washington. And please

pass on my greetings to Jewell, Sheriff Jewell

Williams. I appreciate having a chance to serve

with him here. We've always had a good rapport and

a good friendship throughout the time that we've

known each other. We appreciate him serving now in

the capacity of sheriff and allowing you to come

before us and work to educate us from the

perspective that you've brought today. I felt like

I was sitting in a professor's lecture. Good job,

sir. Thank you.

Members with questions? Representative

Solomon.

REPRESENTATIVE SOLOMON: Thank you, Mr.

Chairman.

I'm just wondering, sheriff's office of

Philadelphia is a very busy place. So, with these

new responsibilities, how would that impact your

current duties?

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CHIEF INSPECTOR WASHINGTON: Well, you

just said a very busy place, we transport over five

to 600 prisoners a day to court, just alone. We

have a 24-hour warrant unit with thousands and

thousands of warrants. I can tell you that

Philadelphia sheriffs are members of FOP Lodge 5,

full members. My wife is a Philadelphia police

officer.

I can say without any doubt that in

Philadelphia, whether it's the Philadelphia police,

housing police, SEPTA police, we all understand

we've got to work together, because bad guys work

together.

Some of the latest research I've done

with being part of our homeland security unit is,

terrorists will cooperate with anyone to get the

goal done. They will do whatever it takes to win.

And I know all of you have been briefed that the

goal is to change our way of life in America. They

will do anything. They don't have an ego. They

have a mission.

In Philadelphia, the law enforcement

agencies, we have about 10 to 15, depending on what

side of the city you're on. We cooperate fully.

If it is an issue out of their jurisdiction,

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because sheriffs are county, we work together. I

don't know why things are the way they are. I

don't. Again, I'm from a very big city, and we

know how important it is to work together.

I cannot speak for other counties, but

I'll tell you this: If we don't get on the same

page, the bad guy will win, and they won't be

worrying about jurisdiction. Every county now is

subject to violence, to terrorism. It's a way of

life.

I believe all the sheriffs are asking

is, let us come and play in the ball game too so we

can do our part, so that everyone, and I mean

everyone, is protected.

MAJORITY CHAIRMAN METCALFE: Any other

members?

(No response).

MAJORITY CHAIRMAN METCALFE:

Representative Sims.

REPRESENTATIVE SIMS: I suppose I just

want to expound on my colleague's question. If we

do vote to allow you, as you said, to come into the

ball game, can you talk to us about the expenses

that allowing you to be in the ball game would

cause on the Philadelphia sheriff's office?

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CHIEF INSPECTOR WASHINGTON: Well, I

think Sheriff Welsh was very clear. All sheriffs'

training is paid for by sheriffs through the fee

attached to writs and other processes. So, in

actuality, there is no addition to any budgets.

I don't think sheriffs want to go out

and create these fiefdoms to become police

departments. I think what we're saying is, we're

out there every day just like anyone else. If I'm

in a neighborhood in a marked vehicle conducting

some type of sheriff business, and a citizen is a

victim of a crime, I should be able to help them.

I should be able to gather crucial evidence to turn

over to the district attorney's office because, as

my colleague said, they determine prosecution; not

the state police, not the Philly police, not the

Philadelphia sheriffs.

We work every day. It doesn't affect my

budget, and believe me, I have to stand in front of

city council and talk about budget with the

Honorable Jewell William. There is no cost.

Extraditions, well, those of you that

know, the district attorney has to fork that over.

If I have to go to another state to recover

someone, the district attorney has to authorize it.

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So again, it doesn't come out of the general

budget.

A deputy sees a crime, deputy should be

able to do what's necessary to protect its

citizens. I remember 33 years ago, do you solemnly

swear to uphold and defend the Constitution of the

United States, the Constitution of the Commonwealth

of Pennsylvania, and in Philadelphia's case, the

Home Rule Charter. It didn't say part time; it

didn't say maybe. I took that oath knowing that I

had to serve. It's elementary to me.

MAJORITY CHAIRMAN METCALFE:

Representative Sims, follow-up?

REPRESENTATIVE SIMS: Just a

clarification. Just to be clear, is it your

testimony that there will be no increased cost to

the Philadelphia's Sheriff's Department if H.B. 466

is passed?

CHIEF INSPECTOR WASHINGTON: There will

be no cost. In fact, because the sheriff's office

does its works, it actually brings money in. We

have five sheriff's sales in Philadelphia. It's

been published that the sheriff brought in over

$6 million to put into the coffers of the city.

Under the Department of Transportation,

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I believe, and I can stand corrected, when a

municipal tag is taken for lack of insurance, the

sheriff is one of the entities that recover it, and

there's a fee when you get it back. So the sheriff

actually puts revenue into its local

municipalities.

MAJORITY CHAIRMAN METCALFE: Thank you.

Representative Bullock.

REPRESENTATIVE BULLOCK: Thank you,

Chairman. Good morning.

If we were to grant this arrest

authority to the sheriff's department, I have some

concerns about review of interactions and activity

of sheriffs that now have policing powers. And

would you -- I guess, would you be supportive of a

civilian review board of those actions should there

be complaints about how that power may be used or

abused?

CHIEF INSPECTOR WASHINGTON: Ma'am, in

Philadelphia we have a review board whether it's

police or sheriffs. That is currently in effect

now.

I think if you look at my submissions,

we're using this word police powers. Remember I

said earlier to you, definition is everything. I

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think if you look at the legal definition of police

powers, you'll see exactly what I'm talking about.

We use terms very loosely sometimes, and because we

keep saying it, we start to believe it.

What is police powers? I think that's

the first thing this committee has to clearly

define, and the state Attorney General did that.

He did it in '97, and that definition hasn't

changed.

I just got back from Paris. Beautiful

city. Everybody told me, be careful, be careful,

be careful. All the bogeyman stories. I can tell

you, Paris was a pleasant place to be, and they had

police officers. They were patrolling. Police, a

Latin word.

You know, I lost a son because law

enforcement, frankly, didn't understand. They

didn't understand what a young person growing up in

an urban city would go through. They didn't

understand the trials and tribulations. I wish to

God that a sheriff, a policeman, someone had been

there to help him before he took his own life.

This is personal to me. I serve not

because of salary. Of course, no one is gonna work

without getting paid, but I serve because I believe

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in the mission of not only my wife, who is a

Philadelphia police officer, but the deputies, the

housing police, the college police; everyone that

agrees that we need to protect and serve. It's

that simple for me.

MAJORITY CHAIRMAN METCALFE: Thank you,

sir. And thank you for your service and your

wife's service.

We have one more member on the list to

ask a question. Representative DeLissio.

(Chief Inspector Washington started to

leave the witness table).

MAJORITY CHAIRMAN METCALFE: Sir, we

have one more question for you, if you don't mind.

Representative DeLissio is the next tes -- final

questioner.

REPRESENTATIVE DeLISSIO: Thank you, Mr.

Chair.

I have some data in front of me from

October of 2016 saying that, the total number of

deputies currently employed is a little north of

2,000, and deputies that are Act 120 trained are a

little more than half of that.

Are you saying that all of the deputies

in Philadelphia County are Act 120 trained?

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CHIEF INSPECTOR WASHINGTON: No, ma'am.

We have some deputies that are, and we have some

that are not. The law clearly says, to be a county

deputy and now a sheriff, it must pass the

legislation that was passed by you.

I say again to you, ma'am, Act 120 gives

no authority. It is merely training legislation

required. That's why it's called the Municipal

Police Officers Training Act.

REPRESENTATIVE DeLISSIO: So I think the

legislation does not require everybody to be

trained to the Act 120 level?

CHIEF INSPECTOR WASHINGTON: Being a

trainer, ma'am, and teaching, that's not what the

law -- The law says, if you're a municipal police

officer, you must have Act 120. The law says that

if you're a sheriff in the Commonwealth, you must

have Act 2-1 14. The law says that if you're an

armed security officer in the Commonwealth of

Pennsylvania, you must have Act 235.

So, Pennsylvania's one of the rare

states where the different categories, where

individuals are armed and enforcing the law, must

have the state-mandated training.

REPRESENTATIVE DeLISSIO: Okay. Thank

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you, Mr. Chair. I see the part, the legislation,

and I'll work harder at understanding this. It

says, sheriffs and deputy sheriffs who have

successfully completed the same type of training as

municipal police officers. That's where --

CHIEF INSPECTOR WASHINGTON: And the

Act 2, is that training accepted. So, it didn't

say it had to be the same. It said it had to be

like. And when you look at the Leet decision and

several decisions by the Supreme Court, it is ruled

that if that training is like, then it is good.

REPRESENTATIVE DeLISSIO: Thank you.

Thank you, Mr. Chairman.

MAJORITY CHAIRMAN METCALFE: Thank you

very much Chief Inspector Washington. We

appreciate you being here with us from Philly

today. And please, once again, pass my greetings

to the sheriff.

CHIEF INSPECTOR WASHINGTON: I most

certainly will. Thank you very much.

MAJORITY CHAIRMAN METCALFE: Thank you

for your expertise and sharing that with us today.

Our next and final testifier is Sheriff

Mike Slupe, my sheriff from Butler County. Sheriff

Slupe is the Pennsylvania Sheriffs Association

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President. And he has a guest with him that he

notified me just before the meeting that he was

bringing today, which we're thankful that the

gentleman next to him was able to travel from way

down south. We'll let Mike introduce the gentleman

next to him.

SHERIFF SLUPE: Thank you, Mr. Chairman,

and honorable members of this committee.

It's my honor to introduce the National

Sheriff's Association President, Greg Champagne,

from Louisiana. I would like to ask for permission

for him to give a brief statement in support of the

Pennsylvania sheriffs.

MAJORITY CHAIRMAN METCALFE: Thank you.

MR. CHAMPAGNE: Thank you very much,

Sheriff Slupe.

MAJORITY CHAIRMAN METCALFE: And welcome

to Pennsylvania.

MR. CHAMPAGNE: Thank you. My first

trip; nice to be here.

I come here to, hopefully, just give you

a little bit of just national broad-brush

perspective on the office of sheriff, which, as you

can tell, not only my brothers and sisters here in

Pennsylvania, but sheriffs nationwide; 3,088 feel

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the pride toward the office of sheriff.

I understand the difficult decisions you

have to make. I had a brother-in-law who's a state

senator in Louisiana for 24 years, and I served as

his aide for many years, so I understand the

legislative process. I understand that change is

also, sometimes, not easy. People are apprehensive

about change, and what is going to happen if we

make this change. Is the sky gonna fall? Is the

sun not going to come up tomorrow?

Ninety-nine percent of American citizens

go to the polls and vote for a sheriff. And the

only reason it's not a hundred percent is because

we have a couple states, namely, Alaska and Hawaii,

that, who are relatively recently formed, choose

not to have the office of sheriff.

The Pennsylvania's sheriffs are not

asking you to step off the cliff here and take a

risk. The model that they're talking about, which

is simply equal authority, which is commonly

expected of a citizen when they come up to an

uniformed law enforcement officer on the streets,

is the model in at least 46 states of the United

States of America. In the vast majority of those

states, sheriffs are actually the chief law

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enforcement officers in their counties or parish,

as it is in my pred -- They're not asking to be the

chief law enforcement officers, although they may

have an argument under common law that it is.

But, we're elected by the public. We

take that responsibility seriously. In my travels

throughout the country, to various state sheriff's

associations speaking to citizens around the

country; if you go look at election time, sheriffs

usually gain high, high percentages of the vote,

and they don't do that by accident. They do that

because they work. They're dedicated to their

public. Their public takes pride in their local

elected sheriff.

The idea of civilian control some of you

asked about, I think this is the ultimate civilian

control, where the public feels -- they feel it's

high to their elected sheriffs around the country.

It's rich in tradition. As the

inspector said, it's arguably the oldest elected

office in the country, having had its origin

actually in England.

You have a poster outside the committee

meeting, which I noticed today, which I think

speaks a lot to what we're talking about today.

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And the poster out there talks about homeland

security that we all have to be in the game. We're

in the days of potential terrorists' attacks.

We're in the days of mass killings, unfortunately.

We're in days of an opioid/heroin epidemic, that is

not just here in Pennsylvania. It's in Louisiana;

it's all throughout the country I can tell you, and

it is an epidemic.

I have yet to go to a municipality, a

city, a borough, a township where the citizens

there feel like they need -- that they have enough

trained, qualified law enforcement officers

protecting them. I have yet to see that.

What the Pennsylvania sheriffs are

asking for is just the recognition of the authority

that they believe they have had for a long time and

has been, I don't want to say distorted. That

might be a bad word, by the Supreme Court, a couple

of conflicting decisions. But this model works.

Sheriff deputies, literally hundreds of

thousands of them around the country, are doing a

great job of being, really, homeland security

sensors in protecting the people of the counties

that they serve around this country. And there's

no reason to believe, based upon all of that

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history, that the Pennsylvania sheriffs and their

2,600 deputies can't do the same thing.

So, I submit to you that giving sheriff

deputies, uniformed deputies, properly trained,

just commonly-accepted law enforcement authority

that they have in, literally, 46, 47 states in this

country is not gonna cause the sky to fall in

Pennsylvania. It's going to help. They're gonna

be a force multiplier. A typical model of

sheriffs, police chiefs, municipalities around the

country, everybody works together.

Law enforcement is a brotherhood and a

sisterhood. I think the problems that you may be

anticipating are really not gonna occur, because

there are some odd cases where we have people that

go down the wrong path. All political offices do

that. There's no exception for any position.

But, the overwhelming evidence in the

country indicates that police officers, sheriffs'

deputies, constables, state police, state troopers,

as they do in Louisiana and most of the states, if

not all the states that I have been to, are gonna

work together, and what they're gonna do is make

the people in Pennsylvania safer.

So, thank you for allowing me the

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opportunity to come here and speak on behalf of my

brothers and sisters in Pennsylvania. And I yield

to Sheriff Slupe. Thank you.

MAJORITY CHAIRMAN METCALFE: Thank you,

sir. Sheriff Slupe.

SHERIFF SLUPE: Thank you very much, Mr.

Chairman, and members again.

When I became president in July of 2016,

the members, a lot sitting behind me -- And, by the

way, if you look at the members sitting behind me,

tell me which one of them can and cannot make an

arrest. If we had police officers and state

troopers in here, that's the question. Tell me

which one that you wouldn't, wouldn't go to to help

you. You'd go to anybody in uniform with a badge

and a gun because you think they can help. That's

what our citizens in this Commonwealth think.

Every sheriff here makes arrests. They

make traffic arrests. They make criminal arrests,

and they make drug arrests. What this legislation

will do is permit the investigation of those

arrests.

In our county, we make plenty of drug

arrests. We can't investigate. So to get around

that, 19 of the district attorneys in this

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Commonwealth have started a drug task force and

have invited their sheriffs and deputy sheriffs,

who have Act 120 certification, to be a part of

that. The reason for the Act 120 certification is

because the money they get from the Attorney

General's Office dictates that Act 120 be the

standard. That changes with legislation. It can

only go by what is written.

The sheriffs have never been legislated.

They've always had their common law powers, and

again, powers is such a bad word. Sheriffs have

all kind of powers. You have all kind of powers.

I wish the gentleman in the back were

here. Nothing new about what you're seeing in

front of you is going to occur; nothing new. The

sheriffs already do these functions. They just

can't investigate something they don't see. That

causes a problem.

In Butler County, I'll give you a quick

example. We had a mother who had a nine-year-old

handicapped -- both mentally and physically

handicapped child. There was an incident that

occurred. We get called. Our response is within

seconds, literally. We get up there. All we see

is a disorderly conduct. But what happened before?

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Do we have a reckless endangering of a child? What

do they do?

In our case we call the district

attorney's office. Their detective came up;

basically found out what we could have found out.

The district attorney and I had a little pow wow.

He said, sheriff, go ahead and arrest this lady for

disorderly conduct. That's what we did. There are

district attorneys wouldn't allow that to happen

with other sheriffs.

When I spoke with Richard Long from --

the executive director from the District Attorneys

Association, I said to him, your organization, of

all organizations that we're speaking with, should

want this clarification. I can't tell you how many

sheriffs I've spoken with that said, my D.A. won't

let me do that. Well, mine will. Why do we have

such left and right? As Inspector Washington said,

we should all be on the same ball field playing the

same game that we've had since 1600.

The state police, if you didn't know

this, to get their authority to make an arrest in

any county had to be sworn in by the sheriff. So

what happened to the sheriff's law enforcement

authority to conduct an investigation? I submit to

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you it's the Pennsylvania Supreme Court. And the

Supreme Court, if you read all of the decisions and

the information that I've provided, you do can this

but you can't do this. Well, you're identified to

this, but you didn't do this. Well, you can file

an information received on this, but you can't do

this. Well, you're a common citizen according to

this. It is so out there.

The Supreme Court is basically saying,

legislature, please fix this. I try to be

entertaining, sir. Please fix this before someone

actually gets hurt, because the deputies are out

there trying to decide, oh, wait, is this starting

an investigation or not. They don't want to lose

their case.

I am the president of the Butler County

Chiefs of Police Association. You didn't get a

letter from us because it'd look pretty funny that

the sheriff, also the president of the Chiefs of

Police Association of Butler County, signs off on a

letter that we support House Bill 466.

Now, I will be honest with you. The

majority of the chiefs in my county supports this.

There are some that, hey, I just don't because they

don't know. They just think that we're gonna go

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out there and expand our authority, expand our

powers.

And again, as explained, the only way

that sheriffs can expand their duties is with two

votes from the Board of County Commissioners. If

two members of the county commissioners say, yes,

sheriff, we're gonna contract with XYZ municipality

so you can go out there and do police services,

that's great. But you know what we're also gonna

need? We're gonna need three votes out of five in

most counties on a salary board. I need more

people.

Ladies and gentlemen, if I need more

people, I need more cars, I need more equipment, I

think the comment to the municipality would be, you

better hire your own police.

The sheriffs, we're out there every day

serving warrants, serving writs, and when we do, we

find illegal activity. As I said in previous

testimony, we have to call the local police or the

state police. In some cases they're like, why are

you calling us? You should do this.

I submit that I sometimes question the

leadership in some of these stakeholders that they

are not speaking for their membership. I will tell

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you that I believe strongly that I am speaking for

67 county sheriffs. I have submitted to them, if

you do not want me to speak for you, tell me now,

tell me again, because I won't speak for you. So,

we are speaking with one voice today, tomorrow, the

next day on this issue. Nothing changes, ladies

and gentlemen.

Excuse me. What changes is, when we go

serving these writs or we're somewhere where

something happens in front of us, we can start an

investigation. We can cooperate, aid and assist

other local municipalities.

As in Allegheny County, two tragedies

have occurred; three murders of police officers in

Zone 5 of the City of Pittsburgh, they called the

sheriff. Sheriff, while we're attending our

funeral, would you please send your men and women

to patrol our neighborhood. That's what they did.

Sheriff, Officer Cutshall was murdered in Penn

Hills Borough. Would you please come patrol our

borough so our members can go to the funeral?

The Allegheny County Sheriff's office

answered that call and assisted. They did not take

over anything. They assisted and aided a

municipality requesting help.

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The City of Butler, the mayor supports

this. As a matter of fact, they're down six police

officers. The mayor made a statement to our

solicitor, Tom King, who's here in the audience,

Tom, I would have called the sheriffs, but they

don't have an investigatory authority.

They called the state police for some

assistance. The state police are overwhelmed, and

there are more retirements coming. They're not

getting enough state troopers through the academy.

The State Troopers Association members have told

me, we don't want you taking our jobs. I'll give

you the answer. We don't want your job. We don't

want to take your job.

I spoke with the president of the

Fraternal Order of Police. I'm still a member of

the Fraternal Order of Police. I was a treasurer

of our lodge for over 10 years; involved in all

kinds of labor issues and disputes. But you know

what, that's what the FOP -- that's their Mantra.

It is about labor, and they want all the deputies

to become either under Act 111 or Act 195. That's

not up to me to mandate that you will go under a

certain act for labor negotiations. There are

counties that don't have unions at all for their

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deputy sheriffs.

I've talked to all the stakeholders;

almost all the stakeholders; the township

supervisors association, the boroughs association.

Again, what puzzles me on the DAs, and we had a

great conversation with Richard Long, is, why don't

you want to be onboard on this? So the DAs don't

have to start questioning what laws we can

investigate, what we can't; if we're all on the

same page, it makes a no-brainer for the district

attorneys.

Again, as Mr. Hill testified in regards

to the county commissioners, he stated thus that in

2011, they support House Bill 466. We met with him

in July, August, materially, there have been no

change in their support of 466.

I could keep talking, sir. I can stop

right there.

MAJORITY CHAIRMAN METCALFE: You're

always entertaining when you talk, Mike, so --

SHERIFF SLUPE: I am -- I am --

MAJORITY CHAIRMAN METCALFE: We've done

some of those same events that Representative

Knowles was giving a commercial for early in the

program, concealed-carry firearms. Mike is always

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a great addition to our county D.A. and is always

very entertaining and informational in sharing his

expertise with the audience, so we appreciate you

coming here today and sharing your expertise.

We do have at least one member that's

already on the list to ask a question, if you don't

mind.

SHERIFF SLUPE: Absolutely.

MAJORITY CHAIRMAN METCALFE:

Representative Daley.

REPRESENTATIVE DALEY: Thanks, Mr.

Chairman.

Sheriff Slupe, thank you for being here

today, and Mr. Champagne--I think I have your name

right--thank you for coming all the way from

Louisiana.

So, I just want to state that I'm not

opposed to the general idea of what you're talking

about, but I'm not really sure that House Bill 466

actually answers all the questions that a lot of us

have, because -- I live in a small town. We have

our own police department. I was on the borough

council. I understood the relationship with the

surrounding township of how we had to coordinate.

So, my own real-life experience is coming from the

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ideas of chain of command and that type of thing.

So, when the county commissioners

provided us a number of bullet points, they

recommended that the counties would have -- Let me

just read it so that I don't misstate: Provide for

ultimate control by the county governing board.

That makes sense to me because the county governing

board also oversees the cost, and I have to state

that everybody has said that this isn't going to

cost anything. But, I just have a level of

skepticism regarding that.

We don't have, um -- testifying PCCD

which did let us know that they're already

operating at a loss from what they bring in from

the sheriff's act, and they do anticipate an

increase in the cost of funding. So, I just -- I'm

not sure how we reconcile those comments from them,

and the concerns of the county commissioners

related to cost, because these are real issues for

the state.

We already know the Pennsylvania State

Police are getting paid a large portion of the

Motor Vehicle Fund, which means that we can't

always fix all the roads and bridges we need to.

So cost is a really big concern.

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MAJORITY CHAIRMAN METCALFE: If you

could just get to your question, please,

Representative Daley.

REPRESENTATIVE DALEY: So, is there data

that you have that you could share with us at some

point from your perspective that would indicate why

there would be no increase in cost? I'm just not

-- it doesn't make sense to me from what I'm

hearing.

SHERIFF SLUPE: Thank you.

First of all, the chain of command, the

sheriff is the elected official, much like the

county commissioners. I would be against a citizen

review board. Why? In our office we are operating

under accreditation policies for the chief of

police.

REPRESENTATIVE DALEY: Citizen review

board was not part of my question.

SHERIFF SLUPE: Oh, I'm sorry. I

apologize, ma'am. I'm sorry.

REPRESENTATIVE DALEY: I'm mostly

interested in cost, if you could let us know how

you've made a determination that there really would

be no additional cost.

SHERIFF SLUPE: I apologize.

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We don't have data per se, but what I

can tell you is, we are -- For the most part, most

of the sheriffs are 8 to 4 and 9 to 5 offices.

When they find some activity and make an arrest,

their hearings are during the daylight time; their

court times are during the daylight time. They

would just be assigned that duty to attend their

hearings as required by the courts.

So, where does the extra money come out?

I don't know. And as you know, it's funded by the

commissioners, and the commissioners have every

right to say, what are you doing with your money?

And we have to answer that.

REPRESENTATIVE DALEY: I think it still

leaves the question. Um --

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Daley.

REPRESENTATIVE DALEY: Thank you.

MAJORITY CHAIRMAN METCALFE:

Representative McCarter.

REPRESENTATIVE McCARTER: Again, thank

you very much for your testimony as well.

As a follow-up to that, protective

orders and so on that -- one of the functions,

obviously, that are carried out by the deputy

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sheriffs at the present moment are back-logged

tremendously in Pennsylvania and various other

orders as well.

If, as described as you were just

describing, the duties and so forth would take over

in terms of being at hearings, being at all those

things as well, obviously, there will still be a

need to carry out the other functions of the deputy

sheriffs as they currently exist. That wouldn't

impact the job in terms of being able to carry out

those functions as well?

SHERIFF SLUPE: Again, I can speak for

Butler County. We have over 1,200 outstanding

warrants, and we try our best to go after these

people. Just the other day we got 80 new warrants.

Again, we do our best to do that.

What I'm suggesting in regards to the

investigative authority is, that when we are

somewhere doing our job and making a service, that

if we see illegal activity, which we have, in a

case that we were serving a warrant, a guy had

illegal activity, we ended up calling the state

police, the DEA, the game commission, and we got

over $30,000 in actually cold hard cash. Now, that

all went over to state police. The county district

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attorney said, Sheriff, if you ever do that again,

give it to us so that we can have that money for

asset forfeitures.

So, here again, every county is

different. It's county commissioners, as Mr. Hill

stated what their authority is; the district

attorney and his authority. You know, I don't -- I

guess -- I'm trying to wrap my head around what --

Yeah, go ahead. I'm sorry, sir.

REPRESENTATIVE McCARTER: No, I

appreciate your answer. I understand the

complexity in this.

SHERIFF SLUPE: Yes, sir.

REPRESENTATIVE McCARTER: And I think

that is the issue between the 67 counties. I think

that's the difficulty that some of us still see and

we're trying to work through as to how this works

in each of our own situations and taking that into

account.

Thank you very much for your testimony.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative McCarter. Representative Bullock.

REPRESENTATIVE BULLOCK: Thank you,

Chairman.

Good afternoon, or good morning still,

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Sheriff. I did have a question for you, but you

kind of opened it up for me.

When you were talking about extending

powers to the sheriffs and deputy sheriffs and,

particularly, policing powers and arresting powers

with regard to warrants, I am concerned about

citizen review. A sheriff's department is elected,

as you mentioned, and we need to have public

accountability when you're going to have more

arresting authority.

So, can you elaborate on your comment

earlier when you were answering Representative

Daley's question about you not necessarily

supporting a citizen review board?

SHERIFF SLUPE: Thank you very much.

The sheriff, and most sheriffs that I'm aware of,

have an investigatory manner within their

department -- I'm sorry. Not a department, by the

way. It's an office; it's the sheriff's office.

So, if it was a department, then we would have a

council and a mayor and all that.

We are the last word in the sheriff's

office. So it's a sheriff's office. You didn't

bring it up, but I did.

So, bottom line, the citizen review

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board is not necessary, I'll be honest with you.

We have people within our agency that would do

internal affairs investigations. They would

present their investigation to me for discipline.

REPRESENTATIVE BULLOCK: But, sir, there

is a difference between an internal review board

and a citizen review board. Each of those boards

have a different accountability to the public, and

particularly to the public, which is why, when you

have interactions with law enforcement in the

community and you're expanding the powers of that

law enforcement, particularly in times right now

where there's a lot of tension in the communities

in law enforcement, you need to have that public

accountability.

So, what role of the internal function

of your review board and accountability would it

have to the public and not to you?

SHERIFF SLUPE: It would be holding the

deputy accountable and responsible for his actions.

I don't know what the need in most of

the counties for a citizens review board would be.

I believe Inspector Washington said that they do

have that. That might have been because of

incidents that may have occurred or not occurred in

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Philadelphia. I can't speak intelligently on it

because I'm not there.

But, the internal investigation of the

sheriff's office finds wrongdoing in their office,

just like a police department, they would conduct

an investigation and hold the officer accountable

and discipline that officer appropriately. I'm for

accountability, absolutely.

And, as a matter of fact, on part of

your question is that the sheriffs, since Act 114,

are now more accountable because they have to be

certified through PCCD and the sheriffs training --

the Sheriffs and Deputy Sheriffs Training Act. If

they don't, they can't run for sheriff again. And

there's a certification and decertification within

that whole spectrum of certification.

I'm just not in favor of citizen review

board because I don't see that there's a need for

any pressing issue that requires a citizen review

board.

REPRESENTATIVE BULLOCK: You may see

that need when you have an incident in your

district or in your county.

SHERIFF SLUPE: And let's hope we never

have that.

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MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Bullock.

And I would submit that you have the

largest citizen review board because you're

elected.

I would also submit, related to cost,

there's been all this talk about what costs are

taxpayers going to incur that's additional. Right

now our taxpayers are paying additional cost

because they have to have two law enforcement

officers on a scene when they could have just had

one. It's just outrageous that we have law

enforcement officers there and they have to call

other law enforcement officers because the court

has made some very bad decisions, which we need to

correct.

SHERIFF SLUPE: Yes.

MAJORITY CHAIRMAN METCALFE:

Representative Hill will be our last question.

REPRESENTATIVE HILL: Thank you, Mr.

Chairman.

Sheriff Slupe, Sheriff Champagne, thank

you for being here today. I wanted to follow up,

Mr. Hill from the County Commissioners Association

said in his testimony that the County Commissioners

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Association support is predicated, or their

potential support is predicated on a list of

concerns being addressed that they included in

their testimony. I don't know if you are familiar

with the concerns, but if you are, could you tell

me if the Pennsylvania Sheriffs Association would

support making changes to this legislation to

address the county commissioners' concerns?

SHERIFF SLUPE: Thank you.

I have not seen what he has written yet.

As he said, I believe also that the Pennsylvania

Sheriffs Association is open to dialogue,

especially with the County Commissioners

Association and any other entity.

And if I may, in regards to every other

entity, over the many years the chiefs of police,

the DAs, FOP, we want you to have this. We want

this. We want that. We want you to do this. We

want you to do this. We've addressed a lot of

these issues.

My concern is, when are these issues

going to stop? When is the drug problem gonna be

addressed? There are between 2,300 and 2,500

certified sheriffs and deputy sheriffs that have

this training; DUI training. The PA DUI

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Association supports us. They want us out on the

streets to continue to get people who are

intoxicated off the streets.

We're absolutely -- Mr. Hill, I hope you

know, we're open to dialogue. Unfortunately, I

can't answer the question because I didn't see the

testimony and I didn't have a copy of the bullet

points that he had laid out.

REPRESENTATIVE HILL: Well, thank you,

and I appreciate your willingness to work through

concerns and issues.

SHERIFF SLUPE: Absolutely.

REPRESENTATIVE HILL: Thank you.

MAJORITY CHAIRMAN METCALFE: Thank you,

Representative Hill. And thank you, Sheriff Slupe,

and thank you to your guest coming from Louisiana.

We appreciate you making the trip up, Sheriff, and

for you sharing the national-type perspective with

us.

We look forward to future conversations

on the legislation. I expect that I'll have an

informational meeting so that the members can

actually have some open discussion and debate and

the public on this bill, and we'll look forward to

working with everyone; all the interested parties

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moving forward with trying to resolve this issue

that I think puts Pennsylvanians at risk because we

don't have law enforcement officers that are

actually able to do what the majority of the

population believes they're already doing.

So, thank you to the members for your

time. We will be adjourning this meeting, and the

State Government Committee will be having a voting

meeting back in this room -- Right, Pam?

MS. NEUGARD: Um-hm.

MAJORITY CHAIRMAN METCALFE: -- at noon

to consider the real ID legislation that was sent

to us by the Senate. So, for the time being,

Representative Knowles moves that we adjourn,

seconded by Representative Wheeland. This meeting

is adjourned. Everyone have a great day, and thank

you for coming.

(At 11:35 a.m., the meeting adjourned).

* * * *

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C E R T I F I C A T E

I, Karen J. Meister, Reporter, Notary

Public, duly commissioned and qualified in and for

the County of York, Commonwealth of Pennsylvania,

hereby certify that the foregoing is a true and

accurate transcript, to the best of my ability, of

a public hearing taken from a videotape recording

and reduced to computer printout under my

supervision.

This certification does not apply to any

reproduction of the same by any means unless under

my direct control and/or supervision.

Karen J. MeisterReporter, Notary Public