Pottsville Area school board on Wednesday unanimously hired a group of part-time security officers and accepted a "Use of Force Policy" to allow those officers to use "deadly force" to defend the district's schools.
But board solicitor Richard A. Thornburg and District Superintendent Jeffrey S. Zwiebel would not release the names of the officers hired after the votes at the school board's September work session at the Howard S. Fernsler Academic Center.
"You're going to have to file a Right-To-Know request. We don't want the officers involved to think we're just handing out their names. This way, we'll have the request in writing and we'll tell them we have to comply with it," Thornburg said.
By not announcing the names of the part-time officers they hired, the school board violated the Sunshine Act, Melissa Bevan Melewsky, media law counsel with the Pennsylvania NewsMedia Assocation, Harrisburg, said when called for comment Wednesday night.
"I am not surprised they didn't. When it comes to security, schools are understandably very, very cautious. But ultimately, the law says this information is public. And knowing the names of the officers doesn't present a risk in this situation," Melewsky said.
The Right to Know Law makes names, job titles and employment-related contracts public record, Melewsky said.
"They should have announced the names of those people they were hiring at the meeting before they voted so that public could comment before the vote. And law enforcement officers' names are public whether they work for a school district or whether they work for a police force. There's no question about that," Melewsky said.
During the work session, Zwiebel asked the board to adopt the 2013-14 "school security list," a list of part-time police officers hired as security officers.
"This will be approved with the understanding that it will be updated and modified on a continuous basis," Zwiebel said.
Thornburg asked the board to approve the "Use of Force Policy" while giving his report.
The school board unanimously approved both but did not discuss either prior to those votes.
Present for the votes were John F. Boran, president; Scott D. Krater, vice-president; and board members Linda Grube, Karen E. Rismiller, Michael D. Smink, Scott R. Thomas and Charles R. Wagner.
Board member Cindy Petchulis was late to the 7 p.m. meeting. She arrived at 7:08 p.m., after the votes had occurred.
Board member Dr. Gary A. Cortese was absent.
On Aug. 21, the board took action to set the salary rate for the part-time security officers at $18 per hour.
Zwiebel said "about a dozen" part-time officers were on the list.
"Our hope is to keep adding to it," Zwiebel said.
Zwiebel did not have an exact date when the new security force would begin working in the district's elementary, middle and high schools: "It will be in the next couple weeks."
After the meeting, Thornburg released a copy of the "Use of Force Policy." He said it's something the school board had been developing for six months.
"Our insurance company said they want to see a policy created as far as use of force within the buildings. And that's what this is," Thornburg said.
"These armed security officers will in fact be off-duty and/or retired law enforcement officers. All such security personnel must meet all of the educational and training requirements including all continuing education and continuing required training that would permit them to serve as police officers on the City of Pottsville police force," according to the "Use of Force Policy."
"The Pottsville Area School District recognizes and respects the value and integrity of each human life. Investing security officers with the lawful authority to use force to protect the public welfare requires a careful balancing of all human interests. Therefore, it is the policy of the Pottsville Area School District that school security officers shall use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officers and others," according to the policy.
Following are the "parameters for the use of deadly force" outlined in the policy:
- Security officers are authorized to use deadly force including the discharge of their firearms in order to (a) protect the security officer or others from what is reasonably believed to be a threat of death or serious bodily harm, (b) prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat should escape occur.
- Before discharging a firearm, security officers shall, where safely possible, identify themselves and state their intention to shoot.
- Security officers shall adhere to the following restrictions when their weapon is exhibited: (a) Except for maintenance or during training, security officers shall not draw or exhibit their firearms unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy. (b) Officers are prohibited from firing warning shots under any circumstances. (c) Officers are prohibited from firing into crowds. (d) Security officers should refrain from firing into buildings, through doors, windows or other openings. (e) Officers shall not discharge a firearm from a moving vehicle except under the following conditions: (1) As a last resort of self-defense when the actor is using deadly force by means other than the vehicle. (2) As a last resort measure of self-defense, when a vehicle is being driven in a manner deliberately intended to kill or injure an officer or other person. (3) As a last resort to prevent the escape of a fleeing felon when the use of deadly force is otherwise justified.