Hazleton told to release police scores

HAZLETON – The state Supreme Court has declined to hear an appeal of a court ruling that directed the city to release the civil service test scores of police candidates to The Times Leader.

The decision, issued Thursday, is a significant victory for the public’s right to know and will impact police departments statewide, said Ralph Kates, attorney for The Times Leader.

The newspaper filed suit in 2005 in Luzerne County Court, alleging the city violated Pennsylvania’s Right to Know Act when it refused a reporter’s request to release the scores of candidates who took the test, which consists of a written and oral exam and physical agility test.

The newspaper had sought the information, arguing it was important that the public have access to the scores to ensure the candidates who were hired were chosen because of their qualifications and not their political affiliation.

The paper maintained the scores were a matter of public record. But the city and the state Fraternal Order of Police, which joined the city’s efforts to fight the suit, argued the release of information would violate the candidates’ right to privacy.

The high court’s decision lets stand an Oct. 12, 2006, ruling by the state’s Commonwealth Court, which ruled the scores were public record. That decision reversed a 2005 ruling by Luzerne County Judge Michael Conahan that dismissed the paper’s suit.

Kates said the latest ruling essentially ends the case. He said the city could ask the U.S. Supreme Court to take the case, but it’s highly unlikely the court would agree as it accepts only a fraction of the thousands of cases referred to it each year.

“We are gratified that the court ultimately sided with our requests for information from Hazleton and the Hazleton Police Civil Service Commission,” said Joe Butkiewicz, managing editor of The Times Leader. “The process of selecting police officers should be transparent. The jobs are publicly funded and the public has the right to know the civil service test results of the candidates. We look forward to sharing that with our readers.”

The lawsuit stemmed from hirings that were made in 2004, but the court’s ruling opens up access to results for other years as well, Kates said.

The Times Leader on Monday requested the city turn over the documents that were originally requested. The newspaper may also seek information on other civil service tests that were administered since then.

Conrad Falvello, the city’s attorney, on Monday said he is in the process of compiling the requested information and will release it as soon as possible.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179

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