Opinion
Argued September 14, 1979
December 7, 1979.
Policemen and firemen — Suspension of police officer — Due process — Right to counsel — Transcript — Stenographer — Findings of fact.
1. Due process does not require that a police officer have the benefit of an actively participating counsel at a second level disciplinary proceeding, and no due process violation occurs when counsel is permitted in such a proceeding to give an opening and closing statement, conduct a direct examination of his client and consult with him throughout the proceeding. [575-6]
2. Due process is not denied a police officer at a second level disciplinary proceeding because he was not permitted a stenographer at the hearing to transcribe testimony when a tape recording was made of the proceeding for later transcriptions. [576]
3. A disciplinary board considering charges against a police officer need not make specific findings noting the rejection of each and every allegation of the officer. [576]
Argued September 14, 1979, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.
Appeal, No. 2297 C.D. 1978, from the Order of the Central Region Disciplinary Board of the Pennsylvania State Police in case of Disciplinary Action Appeal — Trooper John N. Campbell, dated September 14, 1978.
Charges filed with Central Region Disciplinary Board of the Pennsylvania State Police against police officer. Suspension ordered. Police officer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Thomas E. Martin, Jr., for petitioner.
John L. Heaton, Assistant Attorney General, for respondent.
State Trooper John N. Campbell (petitioner) has appealed a 30-day suspension imposed by a disciplinary board for second-level violations of the State Police Field Regulations. We affirm.
Petitioner presses numerous procedural due process arguments, only three of which merit discussion. Petitioner first argues that he was denied due process because his counsel was not allowed to actively participate in the proceedings. We have recently held, however, that due process does not require counsel to be allowed to actively participate in second-level proceedings. Morgan v. Pennsylvania State Police, 43 Pa. Commw. 345, 402 A.2d 327 (1979). Furthermore, counsel in this case was allowed to give an opening and a closing statement, conduct direct examination of petitioner, and consult at all times with petitioner during the hearing.
Petitioner next contends that he was denied due process because he was not allowed to have a stenographer present at the hearing to transcribe the testimony. The law is clear, however, that a tape recording, which was used here, is sufficient in an administrative hearing: "Due process is afforded to any party, regardless of whether the testimony is taken by a stenographer or first taken by a tape recorder and then duly transcribed by a stenographer." Sharp's Convalescent Home v. Department of Public Welfare, 7 Pa. Commw. 623, 628, 300 A.2d 909, 911 (1973).
Petitioner's last claim is that the proceedings were defective because the Board did not make specific findings concerning his allegations that the charges against him were fabricated and that the charges were brought because of his religious beliefs. We disagree. An administrative agency is not required to set forth findings. Specifically noting the rejection, and reasons for such rejection, of each and every allegation of a party. Application of Midwestern Fidelity Corp., 26 Pa. Commw. 211, 363 A.2d 892 (1976). The record here supports the determination of the Board, and we perceive no error in the Board's action.
Accordingly, we enter the following
ORDER
AND NOW, this 7th day of December, 1979, the order of the Departmental Disciplinary Board, dated September 14, 1978, ordering the suspension of Tpr. John N. Campbell, is hereby affirmed.