Joseph Scharf
Service Record
State College Pennsylvania Police Department
| Rank | Officer |
| Dates of Service | Hired in 2015. Fired December 3, 2020. Reinstated November 5, 2021.[1] |
| Last Known Status | Active |
Incident Reports
2017 Unprofessional Conduct
Scharf displayed "unprofessional conduct" towards a physician at a local medical center.[1]
Response Timeline
In May 2017, the complaint and any corrective actions were documented in Scharf's departmental file.[1]
2018 Improper Searches
Scharf conducted a traffic stop, but then performed an improper search of three men without probable cause or consent. Scharf submitted an incomplete report regarding the incident.[1]
Response Timeline
In 2018, the complaint and any corrective actions were documented in Scharf's departmental file.[1]
2018 Unsafe Driving
Scharf drove the wrong way on a one-way street, without using his lights or siren.[1]
Response Timeline
Scharf was issued a written warning.[1]
2020 Unprofessional Conduct
According to the borough attorney, Scharf "left a DUI suspect unattended while engaging in a profanity laden argument with the suspect’s husband, thus creating a safety risk".[1]
Response Timeline
In February 2020, Scharf received a write-up in his file.[1]
2020 Vehicle Pursuit
On June 14, 2020, Scharf pursued a suspect at speeds up to 87 mph in a 25 mph zone.[1]
Response Timeline
An internal affairs investigation determined that Scharf had violated two department policies during the incident. The police chief identified three additional policy violations.[1]
2020 Vehicle Pursuit
On June 23, 2020, Scharf pursued a vehicle for a short time before discontinuing the chase. Scharf did not file a report on the incident.[1]
Response Timeline
An internal affairs investigation determined that Scharf had violated five department policies during the incident. The police chief identified two additional policy violations.[1]
2020 Use of Excessive Force
On July 12, 2020, Scharf was on bicycle patrol when he attempted to pull over a car that did not have its headlights on. Scharf pulled alongside the moving vehicle, and used pepper spray through the driver's window.[1]
The incident was recorded on a body-worn camera.[1]
Response Timeline
An internal affairs investigation determined the use of pepper spray was unjustified and in violation of department policies.[1]
After reviewing the three recent incidents, an internal affairs board recommended that Scharf be suspended for five days without pay.[1]
On October 27, 2020, the Borough Manager held a hearing with Scharf and a union representative.[1]
On December 3, 2020, Scharf was fired over allegations of improper conduct during the three recent incidents.[1]
Scharf appealed the termination, citing a lack of just cause. The union disputed whether the police chief could add policy violations beyond those found by the internal affairs board in the earlier cases.[1]
On November 5, 2021, an arbitrator found that the additional violations "ran counter to regulations" and that the "termination was not supported by just cause". The arbitrator ordered that Scharf be reinstated with back pay and benefits.[1]
On December 3, 2021, the borough petitioned the court to overturn the arbitrator's ruling for having exceeded their jurisdiction and powers.[1]
In July 2022, a county judge upheld the arbitrator's ruling, finding that the arbitrator did not act outside of her jurisdiction nor exceed her authority.[2]
On October 6, 2023, the state Commonwealth Court affirmed Scharf's reinstatement.[3]
References
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 Geoff Rushton, State College Appeals Reinstatement of Fired Police Officer, StateCollege.com, 2021-12-08
- ↑ Bret Pallotto, Fired for alleged misconduct, a State College police officer could end up back on the force, Centre Daily Times, 2022-07-28
- ↑ Bret Pallotto, PA appeals court upholds reinstatement for State College cop fired for misconduct, Centre Daily Times, 2023-10-11
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