Administrative hearings proceed for suspended officer

ALLENTOWN — Attorneys for both parties in the case of a suspended borough patrolman vs. the borough and several of its officials are preparing their legal strategies for a series of administrative hearings before a court appointed hearing officer.

This is the latest development in litigation concerning Schirmer vs. the Borough of Allentown, the dispute centering on the suspension of Patrolman Philip Schirmer from the Allentown Police Department in June 1999 on charges of alleged official misconduct and improper conduct in office.

Schirmer was suspended from his job, without pay, based on two incidents in which he allegedly drew his service revolver without cause and allegedly failed to follow proper police procedures. His suspension was recommended by Director of Public Safety Harvey Morrell Jr. and approved by the Borough Council.

On June 17, the original charges against Schirmer were supplemented by five additional administrative charges leveled at him by borough officials, more than a year after the original job action resulted in his suspension.

A civil suit filed by Schirmer through his attorney, Thomas Barron, of the law firm Parker McCay, of Marlton, was remanded to the borough for an administrative hearing by state Superior Court Judge Lawrence Lawson on July 10.

Joseph Leo, the borough administrator of Matawan, was appointed by the court as the independent hearing officer for the administrative hearing proceedings.

According to Barron, the first session of the hearing was held on July 12 in Allentown, at which time preliminary information was given to the two parties and the borough’s special counsel, Thomas Savage, of the law firm Savage and Serio, of Lambertville, called Morrell to the stand to present information regarding the incidents which resulted in Schirmer’s suspension last year.

A continued hearing scheduled for Aug. 2 was canceled when Barron notified borough officials and the hearing officer that he would be unable to attend the evening session.

"Unfortunately, I was in depositions in Atlantic County that ran much later than was expected on Aug. 2," Barron said. "The judge in that matter ordered the depositions to be completed so I had to remain there, unable to make the Allentown appointment."

Barron told the Examiner on Monday that he expected the Schirmer hearing to resume as scheduled on Aug. 9 and that witnesses might be called regarding the original complaints leveled against Schirmer.

"It bears significance noting that the complaints against Patrolman Schirmer were forwarded to the Monmouth County Prosecutor’s Office and officials there declined to act on them, finding insufficient cause and lack of merit," Barron said. "The additional charges against Officer Schirmer, one of which dates back to 1989, is absolutely ridiculous and is a clear example of certain borough officials’ actions to drag on this controversy."

According to Barron, the "late low blows dealt to my client will eventually taint the entire prosecution effort directed against him."

Borough officials, through Savage, have maintained that Schirmer was suspended from the police force with justification and said evidence will be presented to support their actions during the course of the administrative hearing.

In a related matter, Schirmer and borough officials are awaiting a hearing before the state Public Employment Relations Commission (PERC) based on an unfair labor practice charge Schirmer filed against the borough regarding his suspension from the Allentown police force.

Both parties to the ongoing controversy maintain that the facts of the case will eventually come out in testimony and during cross-examination of the witnesses and their respective positions will be justified before the hearing officer.

"The decision of the hearing officer may not be the end of this case," Barron said. "I’ve learned from experience that you have to be patient, even in bizarre situations such as this one, that you’re in it for the long haul."

Savage could not be reached for comment on the matter.