Court Upholds Ruling on Lower Merion's Police Promotion Decisions

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 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 officers 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.

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."

Les Neri, president of the Pennsylvania FOP, could not be reached for comment.

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