Appeal from the Order of the Court of Common Pleas of York County in case of City of York v. William C. Dinges, No. 186 January Term, 1975.
Samuel K. Gates, for appellant.
Edward C. Roberts, with him John W. Thompson, for appellee.
Anthony D. Pirillo, Jr., for amicus curiae, Fraternal Order of Police.
President Judge Bowman and Judges Kramer and Mencer, sitting as a panel of three. Opinion by Judge Mencer.
[ 21 Pa. Commw. Page 323]
Willard C. Dinges (Dinges) was a member of the Police Department of the City of York with the rank of patrolman. While so employed he and other police officers accepted gratuities from tow truck operators. When this
[ 21 Pa. Commw. Page 324]
conduct became known, certain investigations followed, and Dinges was called to testify before the Pennsylvania Crime Commission. Dinges compounded his troubles by making certain false statements before the Crime Commission, and this resulted in his being charged in Dauphin County, on December 18, 1973, with the crime of perjury.*fn1
On February 12, 1974, James E. Hooker, Director of Public Safety for the City of York, suspended Dinges from his duties as a patrolman. This suspension was without hearing and without the filing of charges by or on behalf of anyone representing or having authority to act for the City of York.*fn2
On September 10, 1974, Director of Public Safety Hooker sent a letter of reprimand to Dinges. This letter informed Dinges that accepting gratuities from tow truck operators while a city policeman was a violation of Section 18 of the Rules and Regulations of the Bureau of Police. Dinges was further advised in the letter that future acceptance of such gratuities would be grounds for dismissal.
Dinges received a subsequent letter, under date of September 23, 1974, from Mayor John D. Krout of the City of York, notifying him that City Council would hold a hearing on October 1, 1974, when it would consider his dismissal from the City of York Police Department, in accordance with the General Rules and Regulations, Sections (7.0), ...