PA Supreme Court: Part-Time Police Officers Entitled to Civil Service Protection
In a recent decision, the Pennsylvania Supreme Court ruled that part-time police officers are protected by the Police Tenure Act or the Borough Code when a municipality tries to fire them.
The borough of Worthington employed four part-time officers including the chief. It fired the chief and one officer without any disciplinary hearings before or after the event. The pair filed a lawsuit, arguing that they were entitled to a hearing under the provisions of either the Borough code or the Police Tenure Act.
What This Means for Civil Service in Pennsylvania
This case has added a new layer of complexity to how civil service in PA is interpreted when it comes to part-time municipal workers. Traditionally, full-time officers were viewed as the primary beneficiaries of statutory protections, but this ruling expands the reach of those protections in meaningful ways. It effectively signals that being classified as part-time does not negate an officer’s right to due process under applicable laws.
The decision also renews the conversation around the question: Are police officers civil servants by definition, even if they don’t go through formal civil service hiring channels? The court seems to suggest that under certain statutes, yes, they are. This could create ripple effects in how municipalities hire, manage, and terminate other public employees beyond police departments.
Municipalities may now need to rethink their approach to Pennsylvania civil service compliance, especially when it comes to how they document and enforce hiring and termination procedures for all employees.
A lower court dismissed their claims but when the two officers filed an appeal, an appeals court asked the state’s Supreme Court for guidance.
Although the Supreme Court’s decision was fairly narrow, the implications might be broad for boroughs and cities throughout the state of Pennsylvania who have part-time officers, and could possibly be interpreted by courts to mean all part-time municipal employees enjoy similar protection under some specific circumstances in the event of their termination even if they were not hired through the civil service process.
Broader Implications for Municipal Employment Law
The ruling reinforces that employment protections under municipal employment law in Pennsylvania may apply more broadly than many local governments assumed. While the decision centers on police officers in Pennsylvania, the logic behind it could extend to other categories of part-time municipal workers — particularly those in roles related to public safety, compliance, or essential services.
Boroughs and cities should not assume that lack of full-time status or omission from the formal civil service roster means termination is a simple process. In fact, any dismissal without the proper procedures could result in legal action and reputational harm.
For municipalities and the insurers that represent them, this is a key moment to review internal employment policies. Consulting with attorneys experienced in municipal employment law can ensure that processes are consistent with both statutory obligations and recent legal interpretations. Proactive legal planning is far less expensive than defending a claim in court — especially when the legal landscape is shifting.
Statutory Safeguards
Municipal governments in Pennsylvania should take note that the high court reasoned that the Police Tenure Act and the Borough Code “dovetail.” The court wrote that “borough police forces which are not governed by the Borough Code – on the grounds that they have fewer than three members – are covered by the Tenure Act.”
What this means for municipal governments and the insurance companies that cover their liability is that the Supreme Court stated that part-time status does not affect termination protection.
But the court was a bit vague in drawing a line between “extra” police officers and part-time officers and the hiring practices of these municipal employees. In a footnote to the decision, the ruling stated that regardless of whether they are hired through the civil service process, they are entitled to the dismissal, suspension, or demotion process afforded to all municipal workers.
Civil Litigation Support for Pennsylvania Municipalities
When legal challenges arise — particularly those involving employment disputes — municipalities must act quickly and strategically. Allegations of wrongful termination, civil rights violations, or improper employment practices can escalate quickly into costly litigation. That’s where experienced civil litigation attorney Philadelphia come in.
At Sherr Law Group, we work with boroughs, cities, and townships across Pennsylvania to assess their risk, respond to claims, and navigate litigation when it becomes unavoidable. Whether it’s a dispute involving a police officer in Pennsylvania or a broader class of public employees, we offer tailored legal strategies based on a deep understanding of state employment statutes and local governance structures.
Our team also works closely with municipal HR departments and insurance carriers to make sure everyone is on the same page when it comes to documentation, disciplinary procedures, and resolution strategies. Having counsel familiar with both municipal employment law and Pennsylvania civil service rules is an advantage that pays dividends in prevention as well as defense.
The decision leaves a lot of unanswered questions. The municipal law attorneys at Sherr Law Group have deep experience in representing cities, municipalities, and boroughs in Pennsylvania of all sizes when they face a complicated legal dispute from an employee or groups of employees.
Guidance for Boroughs and Public Employers Going Forward
This case underscores why it’s essential for public employers to stay informed and legally prepared. While the ruling addressed a specific situation, it opens the door to broader interpretations of employment protections for non-traditional or part-time municipal roles. The key takeaway? Job classification alone does not exempt a public employee from statutory safeguards.
For boroughs and municipal leaders, now is the time to revisit employment policies, hiring protocols, and termination procedures. Legal clarity today prevents courtroom confusion tomorrow.
At Sherr Law Group, our municipal law attorneys can conduct compliance audits, help redraft policies to reflect current interpretations of civil service in PA, and provide training to department heads or HR staff. When courts start setting new precedents, the smartest move is to stay ahead — not play catch-up.
Whether you’re dealing with an active dispute or just want to make sure your employment practices are on solid legal footing, we’re here to support Pennsylvania municipalities of every size and scope.
Feel free to call us at 484.591.3000.
