Can We Afford Prison Guards With A Domestic Violence History?

Domestic violence is an epidemic affecting one out of every four women. The overwhelming majority of female prisoners - 82% - sufffered serious sexual or physical abuse as children. There is a compelling public interest, obviously, in preventing those who prey on women, either physically or sexually, from ever becoming or remaining a corrections officer. Northampton County is using this argument in court right now to justify the termination of a corrections officer with a history of domestic violence. It is in the hands of Judge Emil Giordano.

Shawn Hoffert, an elected constable in Bethlehem's 13th ward, has also been a corrections officer at Northampton County jail for the past 23 years. But he was fired by Northampton County after an October 17, 2014 fracas with his wife, who also happens to be a constable. Review of his criminal history reveals this has been a pattern. So is working out deals. In 2004, he was issued a harassment citation after he allegedly slapped his wife. Assault charges were filed against him in 2006, although it appears that he them reduced to harassment or dismissed altogether.

In the most recent incident, Bethlehem police responded when his Hoffert's wife called 911 and reported that her husband was drunk, had choked her, hit her repeatedly and then threatened to kill her. They observed that she was bleeding from her temple, and she was transported to Muhlenberg Hospital. She later obtained an emergency Protection From Abuse (PFA) Order, but as often happens, never made it final.

Hoffert was administered a breath test, and registered a 0.157, about twice the legal limit. He admitted drinking, said his wife started the fight and he may have pushed her once to get away. he also claimed she "had a way of producing her own injuries."

Hoffert was charged with terroristic threats, simple assault, simple assault/physical menace and harassment. He ultimately pleaded to four summary charges of harassment and was placed on probation for 360 days. But at his arbitration hearing, he denied abusing his wife and described himself as a pillar of the community. A union VP testified that Hoffert was told by former Corrections Director Arnie Matos that he'd get his job back if the criminal charges "went away."  But Director Dan Keen, who succeeded Matos, had a different view and fired Hoffert.

In his Opinion, which you can read below for yourself, Arbitrator Thomas G. McConnell concludes that Hoffert did engage in acts of domestic violence, but was unwilling to conclude that he choked, hit or threatened to kill his wife. He noted her absence from the equation, although that is common in instances of domestic violence. He ordered Hoffert reinstated without back pay.

The County appealed, using labor lawyer Dave Steckel. In his view, "it is inconceivable and morally reprehensible that a person who displayed (on multiple occasions) such little regard for the safety and well being of a female should be placed back in charge of an inmate population."  He also argues that reinstatement "presents a substantial risk of harm to the inmate population, particularly the female inmate population, as well as to the female Corrections Officers and other female staff, due to Mr. Hoffert's troubling history of committing physical violence against women, and further it unnecessarily exposes the County to significant potential liability in the event Mr. Hoffert once again exhibits physically abusive behavior towards women."

The County was aware of the 2004 harassment incident, which Hoffert apparently failed to disclose initially. I don't know if Hoffert's supervisors even know about the 2006 assault charges. Clearly, there is an established pattern.

I'm all for giving a guy a second chance and would speak up for any corrections officer, firefighter or cop who is fired over a drunk driving charge. But physical violence against women is different. Allowing him to remain in county employment would undermine a public policy that condemns violence against children. Unfortunately, those who are in law enforcement have a bigger domestic violence problem than even the NFL. It is two to four times more likely than in the rest of the population, likely because these are stressful jobs.

I have no idea how Judge Giordano will rule. But I believe the County's position in this case, right or wrong, strikes a blow for women's rights. This, and the County's decision to terminate Madame X, is evidence that that it cares about both the inmate population and other corrections officers. .  
Shawn Hoffert Arbitration