Did Falls supervisors violate Sunshine law when they privately fired police officer?

Falls Township may have violated the state’s Sunshine Law last year when it fired a police officer who has since filed a whistleblower lawsuit against the township alleging he was subjected to retaliation.

In his civil suit against Falls Township, William Tanner IV alleges that the supervisors terminated him Oct. 21, 2022. But a review of board of supervisor meeting minutes for October through December show no public votes to terminate.

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A township spokeswoman declined comment citing the matter as personnel and litigation, and stated that as a “general rule” personnel matters do not require a public vote.

But that is wrong, according to Melissa Melewsky, a recognized expert in the Pennsylvania Sunshine Law and media attorney for the Pennsylvania NewsMedia Association.

The hiring, termination or other personnel changes are considered township business which must take place in a publicly advertised meeting where the public has the opportunity to comment, she said.

If a complaint that the law was violated is filed, a Bucks County judge would determine if Falls violated the Sunshine Law, and could potentially reverse the termination, Melewsky said.  Violations carry a one-year statute of limitations from the date of the alleged incident.

In January, Tanner sued the township alleging its supervisors engaged in an ongoing pattern of retaliation and “unjustified” discipline against him for assisting in a federal investigation into the township.

Tanner, who joined the force in 2016, claims in 2020 he reported potential wrongdoing and illegal conduct involving other police officers and “certain” Falls supervisors to the FBI in connection with an ongoing federal probe, according to the lawsuit.

No one in Falls Township, the FBI or the U.S. Attorney's Office have publicly commented on the existence of an investigation involving Falls, though rumors of one have circulated since 2020.

The first confirmation of a federal inquiry came last year after Falls Police Chief Nelson Whitney alleged he was placed on a five-month administrative leave the day after notifying the township he received a subpoena to testify before the grand jury related to a federal investigation.

Tanner alleges among the retaliation the township has taken against him is denying him an administrative hearing before imposing discipline against him.

Tanner was arrested Aug. 30, 2021 on DUI charges while off-duty after he rear-ended a vehicle in Buckingham.  He was charged with DUI and careless driving and admitted into a nonviolent first-time offenders probation program last August.

In the lawsuit, Tanner alleges after he was denied an administrative hearing following his arrest and he was given a “more severe discipline than was recommended.” He filed a grievance with the police union and an arbitrator found the department improperly denied him an administrative hearing  before imposing discipline and “improperly” punished Tanner for the DUI, according to the lawsuit.

When Tanner returned to work from a 30-day suspension for the DUI, he alleges the defendants refused to let him return to full duty status in January 2022, according to the suit.

He was placed on office duty, then administrative leave, again without an administrative hearing, in March 2022, for forwarding non-work related private messages on his private phone through a social media service, the lawsuit alleges.

A subsequent internal investigation found Tanner did not violate department policies, but he was subsequently denied an administrative hearing and terminated.

After his termination, Tanner said that he filed a second grievance through the union, which is pending.

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This article originally appeared on Bucks County Courier Times: Falls may have violated law when it privately fired police officer