Who’s in Charge?  Police Department Management Falls on the Shoulders of Elected Officials –  Lamb McErlane Partner Chris Gerber was interviewed and quoted in the Pa. Township News – PSATS September article.

Municipal police serve Pennsylvania communities well in some of the most trying circumstances. When things go wrong, though, who is responsible? What role does the township play in managing the police department?

That can vary, depending on the situation. Regardless, elected officials should be familiar with every aspect of police operations, whether a municipal department or regional force.

By: Chris Brady, Assistant Editor, PA Township News.  September 2025

Although trust can be hard to obtain, poll after poll shows that local government garners more public trust than the state or federal government. Much of that can be attributed to visibility and the relationships local elected leaders and municipal government staff have built with residents and the communities they serve.

There are few public officials more visible than local police, and public trust in that body is the result of com- munity service over time. Make no mistake, though — the actions of the police are a direct reflection of those elected to oversee the department.

Chiefs of police, the township manager, and elected officials all play a role in managing this critical public service.

“The board of supervisors is vested with final authority to form police departments and to conduct hiring, firing, suspending, and demoting [of] police officers,” says Chris Gerber, an attorney with Lamb McErlane PC. “The board, as a body, serves as the supervisor of the chief of police, subject to the board’s delegation of supervisory authority to the manager. The board cannot ‘turn a blind eye’ to police supervision.” (Editor’s note: After the News went to print, Christopher Gerber, Esq., had been a partner with Siana Law and joined Lamb McErlane, PC, West Chester in August 2025)

Pennsylvania is unique in that it does not require municipal police departments to implement an internal affairs policy. Not having such a policy, however, puts the police and the elected leaders of the municipality in a precarious legal position. Although it is not mandated, it is a good idea for municipalities to draft a policy to address accusations of police misconduct or other police-related issues.

“Municipalities without an internal affairs policy face the prospect of costly litigation that arises from an alleged failure to supervise their police departments when a person asserts that a police officer violated their civil rights,” says Gerber.

Municipalities have an obligation to provide public safety services. De- pending on a community’s balancing of response time, costs, crime rate, and level of coverage area, there are different choices.

Pennsylvania State Police provide coverage through state income taxes. Communities that desire an additional law enforcement presence can contract regionally with neighbors or even create their own department. Municipalities can employ a part-time police department while relying on State Police for any hours not covered by a part-time police force.

Policies protect the police and the municipality A responsive and fair internal affairs process is critical to the safe and lawful operation of any police department.

It is designed to ensure accountability and fairness in the investigative process and serves to build trust among all parties involved.

“As the township’s final policy- maker, the governing body is obligated by federal and state law to implement and enforce the internal affairs function,” says Gerber. “Failure to properly supervise a township police department can result in danger to the public, lost jobs, damaged reputations, and costly lawsuits.”

Township supervisors should approve the police department’s standard operating procedures by resolution.

The adoption should be based on recommendations made by the chief of police in consultation with a qualified attorney and, potentially, other law enforcement professionals tasked by the township with evaluating police operations.

“The board and manager should be informed about police operations that historically result in the highest risk of incidents and litigation, such as the use of force, motor vehicle pursuits, and responses to domestic disputes,” advises Gerber. “These standard operating procedures should be frequently reviewed and amended in accordance with current federal and state law.”

Regional police department management works a little differently. Regional departments are overseen by commissions made up of officials from the municipalities covered by the department. Charles Stull, a supervisor for Gilpin Township in Armstrong County, is a member of the police commission that oversees the Southern Armstrong Regional Police Department (SARPD). The SARPD covers Gilpin and the neighboring boroughs of Freeport and Ford City. “For policy setting, the Southern Armstrong Regional Commission enacts final policies, but typically we do so at the recommendation of the police chief,” says Stull. “So the police chief has put together our standard operating procedures, our hiring procedures all across the board; our entire procedure handbook is put together by the chief but reviewed and approved by the commission. Most policy changes are reviewed and approved at public commission meetings. “As far as disciplinary actions or anything like that, we are governed under a collective bargaining agreement with the Teamsters, so we do have to follow the procedures as set forth in that,” he adds. “But the chief does play a big part in making sure we are following the steps, and we follow his recommendations.”

Within the commission, there are committees to oversee personnel issues, finances, administration, and more, Stull explains. In short, the commission oversees all aspects of the regional department.

Read the full article here: Sept25_PTN_PSATS magazine_Police_Management_Chris_Gerber

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Chris Gerber is a partner at Lamb McErlane. He represents and advises public and private employers in connection with civil rights, labor and employment matters.

For over 30 years, Chris has a strong record of success, representing and advising public and private employers with civil rights, labor and employment matters. He represents several police departments, municipalities and educational institutions, and advises townships, boroughs, regional police commissions and their staff on risk management, policy drafting and training.

The Pennsylvania State Association of Township Supervisors (PSATS), a non-profit, nonpartisan member service organization, provides a unified voice for the 1,453 townships of the 2nd Class.

Since 1921, PSATS represents township supervisors, as well as township managers, secretaries, treasurers and other local officials. PSATS’ members range in population from less than 100 to over 60,000 residents.

PSATS has approximately 14,000 individual members and associate PSATS members. Associate members include townships of the 1st Class, boroughs, cities and counties.