# Penn. court overturns firing of officer



## kwflatbed (Dec 29, 2004)

By John Hilton,

Pennsylvania Commonwealth Court overturned the firing of former Carlisle police officer Thomas Day Friday and sent both sides back to square one.

The court agreed with Day's appeal that he was denied due process when the borough Civil Service Commission denied his request for an open hearing.

"The question of Day's termination was discussed and acted upon at a meeting of the commissioner that should have been open," the court ruled in an opinion written by President Judge James Gardner Colins. "That meeting was held in violation of the (Sunshine) Act."

The court declined to offer an opinion on the remaining five violations alleged by Day and his attorney, Joseph D. Buckley of Carlisle.

"Our invalidation of the actions taken at the original closed meeting mean that there is no longer any case or controversy before us," the court ruled.

The court ordered the case to be returned to the commission, with an open meeting held on Day's appeal.

*Day pleased*

Buckley said his client is "very happy" with the ruling.

"Now everything is going to be in the open and that's where we wanted it in the first place," Buckley said. "The truth will come out. People won't be afraid to testify."

Ed Schorpp, solicitor for the borough, could not be reached for comment. But Borough Manager Fred Bean said Carlisle officials will meet early next week to "decide what course of action we want to take."

In February, a Cumberland County Court judge upheld borough council's May 2003 decision to fire Day, who continues to operate a contracting and landscaping business.

The 15-year veteran officer was fired for disobeying orders and "conduct unbecoming an officer."

Day's firing revolved around statements he made about alleged wrongdoing within the police department and references to a cover-up by Chief Stephen Margeson.

Day also has a federal lawsuit pending against the borough.


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