The administration at Falls Township is attempting to get copies of “law enforcement video or audio” recordings related to a now-former police officer’s off-duty DUI arrest.
While reporting on former Officer William Tanner’s lawsuit against Falls Township for his dismissal and the revelation he is cooperating with an ongoing federal investigation into the township last week, LevittownNow.com discovered the township and its attorneys filed a petition this month asking a Bucks County judge to grant their request for Buckingham Township police in Central Bucks County to release the video and audio files from the incident.
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Tanner was arrested in Buckingham Township following an off-duty DUI crash in August 2021. He is currently in a first-time offenders program.
Tanner claims in his lawsuit he was wrongfully terminated and he was retaliated against once the township learned he was cooperating with federal law enforcement.
The township fired Tanner in mid-October 2022, according to sources and Tanner’s lawsuit.
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In 2022, Falls Township municipal staff filed a Right-To-Know-request with Buckingham Township police asking for the video and audio. The Lower Bucks County township, in its filing, claims it needs a copy of the video as audio files because the township is “required to conduct its own investigation.”
The township continued their push after Tanner was no longer a township employee and his lawsuit claims disciplinary action was taken, records showed.
Pennsylvania’s laws make it difficult for the public to get copies of police video and audio, but a law called Act 22 allows requests to be filed “within 60 days of the date the recording was made.” However, police can easily get around having to release videos.
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Falls Township’s attorney’s, the firm of Rudolph Clarke, said in their court petition that the 60 day window was not law and the township had attempted to get the files from the Central Bucks County municipality since spring 2022.
Buckingham Township Chief of Police Michael Gallagher wrote in a letter to Falls Township Manager Matthew Takita in September 2022 that his agency was denying Falls Township’s request to get a copy of the video and audio. He cited exemptions in state law.
Falls Township’s attorneys appealed Buckingham Township’s denial to the Bucks County District Attorney’s Office, which also denied their appeal. The county prosecutor’s office said Falls Township was denied because the “Right-To-Know Law doesn’t apply to law enforcement audio or video recordings.”
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The “Township requires a copy of the video in order to carry out its duty to ensure accountability within its police force. The Township must fully investigate the arrest of an off-duty Township police officer in order to ensure appropriate steps are taken to protect the integrity of its police force and, by extension, the ability of that police force to properly serve the Township community,” Falls Township’s attorneys said in their filing.
In protesting their denial, the township revealed that police Chief Nelson Whitney and Lt. Hank Ward were able to view the video in September 2022, but the township was not provided a copy to keep.
It was not clear why Buckingham Township did not provide Falls Township a copy of the video and audio, or why Falls Township continued to seek the files after disciplinary actions appear to have been completed.
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Falls Township officials declined comment, while Buckingham Township’s police chief and township manager did not respond to a request for comment.
A court date has yet to be set to hear the petition at the Justice Center.
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