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Concerned about how the City of Williamsport has proposed planning to change its civil service code for promotion and appointment of its police command staff for ranks above lieutenant as well as that for the fire department for those above platoon chief, a city-based attorney implored city council to reconsider.
"If you pass this without comment it will be a slap in the face of every citizen in Williamsport," said Attorney Michael J. Zicolello, before the council recently decided to table the motion for further legal review. Tabling is delayed and it requires a vote by council.
Council was considering an ordinance amending part one Administrative Code, Title Seven, Employees & Benefits, Article 157, Civil Service Board, Section 157.01 of City Code of Ordinances to clarify the definition & appointment process on final reading.
The police promotion of captain and assistant chief and those in the fire department are guided in state statute, said Zicolello during limited courtesy of the floor, a time when the public can speak about items on the agenda.
The trouble with changing ordinance Section 157.01 is that, if approved as council intends it will contradict state law and violate the public welfare entrusted to council," he said.
Council does not comment on limited courtesy of the floor statements.
Background
Zicolello provided the council and the Sun-Gazette with the mandatory statewide civil service promotion and appointment procedure, which is established for police officers and firemen in third-class cities such as Williamsport.
"All appointments and promotions to positions in the fire and police with the exception of chief shall be by civil service," the statute reads.
"The state Legislature enacted this requirement to ensure that the most qualified police officers occupy these command positions in the cities because it is the most effective way to ensure the professionalism and competence of the entire police force (fire)," he stated.
In terms of police, for example, it is necessary because the chief of police is a political appointment rather than a merit appointment and need only to be a patrolman at the time he or she is appointed.
The importance of a professional and competent police command is underscored by the difficulties and dangers in every minute of every day of police activity and the state Legislature has made command competency mandatory by way of the civil service code, according to the attorney, who specializes in civil rights and has pending cases where he represents city police officers who have sued, gone to trial, await appeals and will be continuing to sue the city when they believe their civil rights regarding promotion have been violated.
"They (state lawmakers) have wisely chosen not to give this power of promotion of command staff police officers in our cities to mayors or councils," Zicolello said.
A professionally competent police force is far too important to trust to a no holds barred process prone to favoritism and cronyism, he asserted.
Then, he urged the council and issued a stern rebuke if there were a change to the ordinance.
"Council, if you change the ordinance to get around this clear mandate, you will violate the public trust and state law," he said.
"When running for mayor Derek Slaughter said good government brings good business. And good business brings good people. This change is bad business and an Illegal modification of civil service provisions," he said.
"We need the best of the best," he added. "You all serve to make Williamsport the best place to live. Vote down this modification," he said.
Zicolello acknowledges he would probably not have had the kind of knowledge of the law if he had not been representing the retired and current police officers in the civil lawsuits.
The third-class city optional charter language is that they do not have authority to change city code as it pertains to civil service, Zicolello said.
So, not only is the action of removing positions below chief from civil service unlawful, it is also contrary to the public's interest.
"Don't we all want the best of the best in the positions below the Mayor-selected chief?" Zicolello asked.
To the extent the city's practice has been otherwise, it has failed in its duty to ensure that the residents of the city have police and fire departments run by the best of the best. It should not be amended to protect the "continuity" of appointments such as those of captain and assistant chief and those above the rank of fire department platoon chief, he said.
Council will meet next to reorganize at 7 p.m. on Jan. 2.