On October 29, 2026, the PA Supreme Court issued its decision in the Marc Hayes case (59 EAP 2024), declining to recognize even a narrow public policy exception to grievance arbitration decisions for police or firefighters. The Court affirmed precedent, holding that the PA legislature is tasked with amending state laws.
In Nov. 2024, the Citizens Police Oversight Commission (CPOC) filed an amicus brief in support of the City of Philadelphia’s argument that the legal standard applied to grievance arbitration appeals was wrongly decided and has proved unworkable. CPOC partners, including the Women’s Law Project, the ACLU, and the Defender Association of Philadelphia, also submitted amici briefs in this case. For many years, this wrong and unworkable decision has produced unacceptable results, by causing public harm and undermining public trust in the police.
In 2018, the Philadelphia Police Commissioner fired then-Lieutenant Marc Hayes after an Internal Affairs investigation determined that he sent a pornographic video portraying bestiality to two female officers he supervised and tried to impede the investigation. He suggested to one officer that she lie and say that she had no recollection of the incident, and he reminded the other officer that he had recommended her for a promotion, after asking if she still had the video.
Marc Hayes then filed a grievance seeking reinstatement to his position with the Department. An arbitrator reinstated him to the Department as a supervisor, reduced his discipline, and awarded him back pay for the time since his dismissal, including overtime he never worked.
The City brought an action to challenge the arbitration decision. After 4 years of litigation, the PA Supreme Court’s decision has brought an end to this case, but not to the ongoing failure of accountability.
The court affirmed the legal standard that has permitted numerous fired police officers to return to work, acknowledging only that it might lead to “distasteful” outcomes. The precedent that the court upheld involved cases in which a law enforcement officer who shoved his service weapon into his ex-girlfriend’s mouth and threatened to kill her Pennsylvania State Police v. Pennsylvania State Troopers Ass’n (Smith), 741 A.2d 1248 (Pa. 1999) and an officer who exposed his penis while on duty (Pennsylvania State Police v. Pennsylvania State Troopers’ Ass’n (Betancourt), 656 A.2d 83 (1995).
Chief Justice Todd wrote separately, opining that the Court should recognize a public policy exception for police officers. As she wrote, “Simply stated, the public expectation is clear: ‘The public, including fellow law enforcement agents, expect that police officers will not violate the laws they are charged with enforcing.’” Chief Justice Todd affirmed that the Court, not the legislature, is the proper body to recognize a public policy exception. “I do not believe that our Court should countenance an arbitration award that contravenes our Commonwealth’s public policy.”
We agree. We are deeply disappointed that the Court failed to address this deficiency in the law, but our fight is not over.
CPOC advocates for increased accountability and transparency. After reviewing more than 10 years of grievance arbitration decisions, we argued for a public policy exception. As our amicus brief explains, reinstating officers who have engaged in serious misconduct, sometimes repeatedly, not only puts the public at immediate risk of further harm but also undermines much-needed trust in police.
CPOC’s most recent analysis found that even recent reforms to the police employment contract failed to address the high rate of reinstatement through grievance arbitration. During the nearly two years since we conducted this analysis, 8 more grievance arbitration awards have been published: every single one has reinstated the officer.
Despite this outcome, CPOC will continue to call attention to this issue and to fight for true accountability in Philadelphia and across the state.
Call to Action:
On November 10, 2026, at 11 a.m. City Council will be hearing testimony about the upcoming police employment contract. Join us to make your voice heard!
Media Inquiries: Jodie Eichel, Social Media & Communications Manager (215) 685-0891 | Jodie.Eichel@phila.gov
About the Citizens Police Oversight Commission
The Citizens Police Oversight Commission (CPOC) is an independent civilian oversight agency designed to advance the just, transparent, and efficient administration of criminal justice in Philadelphia. CPOC is committed to conducting fair and timely investigations into police conduct, enhancing the quality of internal investigations, and fostering community engagement and trust.