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By KASIA KOPEC [email protected]
Friday, March 14, 2003 Page: 9A
WILKES-BARRE – Three former Wyoming police officers were in court Thursday
to argue they are entitled to have an arbitrator decide whether the borough
had the right to dismiss them after grant money that paid their salaries ran
out.
The officers, Alex Burda, Michael Fuller and J.P. Broda, were hired in 1998
under the federal COPS grant program. The grant called for the state to pay a
portion of the officers’ salaries for a period of three years. Subsequently,
the borough was obligated to keep the officers on staff for an additional
year.
Mark Bufalino, an attorney representing the borough in the case, said
Wyoming fulfilled its obligation, and upon a review of its finances decided it
could keep the officers beyond the required period.
“For economic and other reasons, council … voted (on Dec. 31) to reduce
the police force,” Bufalino said. “The three affected officers then filed a
grievance, which we argue they were not entitled to do because they were not a
part of the collective bargaining unit.
Those issues are matters for an arbitrator – not the court – to decide,
argued Anthony Caputo, who is representing the officers.
“This proceeding is a waste of everybody’s’ time and taxpayers’ money,”
said Caputo. `
Judge Mark Ciavarella, who is hearing the case, asked Caputo when it is
appropriate for a municipality to downsize the department.
“Because clearly what’s going to happen here is the borough will never
hire another officer,” Ciavarella said.
Caputo responded by saying the borough code outlines instances in which an
officer can be fired or the size of the force can be reduced. Furthermore,
even if the municipality warned the officers when they were hired that their
jobs might be terminated when the grant expired, the borough doesn’t have the
authority to make that sort of arrangement.
Before the hearing started Sgt. Joe Kopko, one of four full-time officers
remaining, said the cuts have impaired the department’s ability to conduct
investigations and provide police protection.
Council President Frank Yurek said the Pennsylvania Police Chiefs
Association recommends one full-time officer for every 1,000 residents, a
ratio that has been maintained.
“We don’t need and we can’t afford a huge police department,’ said Yurek.
Ciavarella said he hopes to make a ruling within two weeks.
Kasia Kopec, a Times Leader staff writer, can be reached at 970-7436.