Minersville Borough Council members voted unanimously Tuesday night to suspend police officer Harry Brown “until further notice” and without pay following a Commonwealth Court decision that reinstated him after his firing in 2022.
Brown was reinstated to the Borough’s police force—at least on paper—following a Commonwealth Court decision last week. He and former Minersville patrolman Richard Clink are facing federal police brutality charges in connection with a 2022 arrest of a man during a traffic stop.
Brown and Clink are accused of severely beating a man, causing him serious bodily injuries because they claimed he resisted arrest on an outstanding warrant. An internal investigation by Minersville Police resulted in their termination.
Last week, Pennsylvania’s Commonwealth Court overruled a July 7, 2023, decision by Schuylkill County Judge Christina Hale. Judge Hale had previously ruled that the police union was legally blocked from challenging the firing because a Workers’ Compensation judge had determined Brown engaged in misconduct warranting termination.
The Commonwealth Court’s decision technically sends the case back to Schuylkill County Court and reinstates Brown.
However, Brown’s reinstatement was essentially just on paper, Mayor Sean Palmer told The Canary on Tuesday. Terms of Brown’s bail in that federal case prohibit him from carrying a firearm, and he’s been stripped of all certifications that allow him to be a police officer.
Following a 30-minute closed-door executive session, Council members voted unanimously to suspend Brown from Minersville’s police force.
In its ruling, the Commonwealth Court essentially said that an arbitrator’s decision in December 2022 to save Brown’s job came before a Workers’ Compensation judge’s decision in March 2023 to deny him benefits.
The arbitrator said the Borough should place Brown on suspension for a long period of time but then reinstate him under a “Last Chance” agreement, which would have allowed him back on the force provided he didn’t make another mistake.
The Borough argued that because the Workers’ Compensation judge later found Brown’s misconduct disqualified him from benefits, the firing should stand.
The Commonwealth Court disagreed, ruling that Minersville couldn’t use the later Workers’ Comp decision to undo the arbitrator’s decision, which came first.
The Latest on USA v. Brown, Clink
Court records show that Judge Karoline Mehalchick granted a continuance in the federal case against Brown and Clink back on Dec. 8. The case is inching toward a trial.
The two former Minersville officers are facing charges of deprivation of rights and filing false reports.
Mehalchick’s latest order sets jury selection in the case for March 2, with the trial to begin right away after the jury is selected.
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