Politics & Government

Court Ruling Upholding Lower Merion Township's Police Promotions May Be Appealed Again

The case may be appealed to the State Supreme Court, a local FOP official said.

A Pennsylvania Commonwealth Court three-judge panel last week upheld a lower court ruling that validated police-promotion decisions Lower Merion Township made in 2009—decisions two top-scoring candidates challenged when they were not chosen.

Frank Higgins and David Snyder, along with the Pennsylvania Fraternal Order of Police, sued after they tested highest for promotion to captain and lieutenant, respectively, but were passed over, Judge Dan Pellegrini said in his June 21 decision.

The FOP may seek to bring the case before the State Supreme Court.

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“We knew it was a tough legal fight, and we believe two very good men were skipped over without cause, and that it was indicative of bad business that the township engages in,” said Sgt. Gavin Goschinski, president of Lower Merion FOP Lodge 28, which joined Higgins and Snyder as appellants in the appeal to Commonwealth Court. “But if you don’t fight the township with the tough legal arguments, they’ll walk all over us on everything else. Fighting the losers in the tough legal battles is as important, if not more important, than the ones we win.”

In an e-mail response to a request for comment, Township Manager Doug Cleland told Patch the state court's decision “reconfirms the Township's legal right to make police promotion selections based upon the Township Civil Service Code's 'Rule of Three' provision.”

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Higgins and Snyder claimed municipal law obligated the township to promote the candidates with the best test scores, but the Montgomery County Court of Common Pleas ruled in 2010 that the township could choose among the top three scorers for any position.

Pellegrini and fellow judges Bernard L. McGinley and Patricia A. McCullough concurred after Higgins and Snyder appealed the county ruling.

Les Neri, president of the Pennsylvania FOP, could not be reached for comment.  Goschinski said that any decision to take the case to the Pennsylvania Supreme Court would come from Neri’s office.

“We’re up against the Ballard Spahr machine,” Goschinski said, referring to the Center City Philadelphia law firm representing the township. “They’re the most expensive law firm in the city—that’s who the township uses. They’re on the 52nd floor of the Comcast tower, and we go down there with our Delaware County labor attorney and we do our best. I’m proud of that.”

The court's decision is attached to this article in PDF form.


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