Good evening.

On July 23rd, I, Vicky Kissler, Chairman of the Disruptive Conduct Board of Appeals call this hearing of the City of Allentown's disruptive conduct board to order.

I will now ask the secretary to take the board's roll call.

Carlin we have Kyle Palmar.

Correct.

Here.

Mark Shada.

Here.

Vicky Kisler.

Here.

Diane Cody.

Here.

Let the records reflect that the board has quorum.

Our case today is Sergey V.

Seward is aggrieving the disruptive conduct violation issued to Property 201 South 14th Street on March 28th, 2026 by Allentown Police Officer Connolly.

Disruptive conduct reports are reports of disruptive conduct submitted by City of Allentown police officers or public officers.

The Allentown Administrative Code Section 455-11.

Owners, operators, or occupants at residential rental units, shall not engage in disruptive conduct nor tolerate nor permit others on the property to engage in disruptive conduct.

Police officers or public officers shall investigate the alleged incidence of disruptive conduct.

If the police or public officer identifies a disruptive conduct, they shall complete a DCR disruptive conduct report for the property.

The owner of a residential rental unit shall have 10 working days from the date of receipt of a disruptive conduct report to appeal the content of said disruptive conduct report.

The appeal shall be made in writing and submitted to the Department of Community and Economic Development.

The DCR appeals must be filed in writing with the appropriate fee within those 10 working days from the date of receipt of the disruptive conduct report or notice of revocation.

Would the secretary please confirm that this appeal is correctly and timely filed?

Yes.

The board is here today to hear the appeal and decide where it has been alleged that there is an error in any order, requirement, decision, or determination made by the officer who submitted the DCR.

The board may reverse or affirm wholly or partly, or may modify the order requirement, decision, or determination appealed, and may make such order a requirement, decision, or determination as justice would require, and to that end shall have all of the powers of the police officer or public officer.

This is how the hearing, this is the outline of the procedure.

The hearing today will proceed pursuant to the rules of Pennsylvania's local agency law and under local agency law, the rules of evidence are relaxed.

Local agencies are not bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received.

Reasonable examination and cross-examination is permitted.

Pursuant to our bylaws, the reporting officer, Officer Connolly, will testify first and present all relevant evidence to the court.

The applicant will then testify and present all relative evidence to the court.

And finally, any third-party objector may provide testimony and offer evidence to the board.

Once all witnesses have testified, we will accept any additional and relevant information or evidence that may be presented.

For all evidence to be presented, I ask that you first show it to the opposing parties and then present it to the board for identification and introduction.

All witnesses can be subject to cross-examination from the opposing party, objector, or the board.

At this time, we'll swear in the witnesses.

Will all witnesses who intend to testify today please stand and repeat after me?

I do by swear.

The searcher of all hearts.

But I will tell the truth.

The whole truth.

And nothing but the truth.

And then I shall answer to God on the last great day.

Okay.

You may have it.

You may be seated.

And at this point, we're going to ask the officer.

Um to discuss this DCR.

Okay.

Do you want me to stand up there here?

Is fine or I think there is fine.

We can hear it.

Perfect.

So on March 28th of 2026 at approximately 3.47 a.m.

Um I was dispatched to the location to a one south 14th Street for an original disturbance of a male and a female fighting on the top floor of the residence.

Umce I arrived, the caller told me that this was the third time he's called on his neighbors.

Um at this point, I made contact with Sergey Seward, who is seated over here wearing the gray shirt, and uh his partner um both stated that they were fine, had been not fighting.

Um they stated that their cat got uh what they said the zoomies, and that could have been caused for the noise, uh being that this was the third time that uh patrols respond to the residence that month.

That's why the DCR was issued.

So that's pretty much it.

Okay, does the board have questions for the officer?

Not at this time.

Ian, any questions?

No.

I do.

When you arrived, could you hear any noise coming from the unit?

At that time I did not know.

Okay.

Do you have any questions for the officer?

Um, yeah, when you did arrive, and I did ask um about I didn't know what the DCR was, and I asked what is DCR, and you explained it to me.

Um I said, Well, this isn't this is not the third call.

It should be the second call.

This is the second time you uh an officer came out, not the third.

So in that regard, you mean like that night or overall to your your address?

At that address, yes.

At that address, okay.

I I did a search in our report system, which is Mark 43, and I did see that there was two previous times that we responded to that address for noise complaints.

But did the officer both call me out and knocked on that door?

And uh was I present when those officers were there?

I'm I'm sorry, can you repeat the question?

Yeah, was I there or present when the officers came those two times?

You I made contact with you once that night for this report, right?

And I talked to you guys, you guys told me that your cat was making noises, which okay.

But the fact that it was the third time that patrol has responded there in a month, that's why the DCR was issued.

I'll even add that later that night I did respond there a second time, and uh there was nothing going on.

I purposely waited 10 minutes and nothing was going on, but the past two times there was something in our report system, that's why the DCR was issued.

In looking at the report system, were there actual times when APD arrived to the home and heard a disturbance?

I cannot recall off of my memory now.

Okay.

Would you like to give us your testimony at this time?

Good afternoon.

My name is Serge and I'm here with my room with Jessica.

We have been roommates for over five years.

During that time, we have lived together for multiple apartments, and almost every single one of those apartments we have located we have been located of on above uh other tenants on the third floor most time of those years.

We have never had any complaints, never had issued, had never been disturbances reported about us by any downstairs neighbors.

Our history speaks for itself.

We are dealing with not a normal tenant interaction.

We are being targeted by harassment.

For months, we have believed that we are on the um we believe there were only two police calls that were that we were told about, and that is not true.

We found that there's 12 phone calls uh against uh against us.

Uh okay.

Um it was a calculated attempt to weaponize the police department against us.

The police reports themselves to make a situation uncomfortable, clear, and multiple incidents officers documented no disturbances, no loud noise, no conduct that matched the caller's claims.

In one incident, the officer stayed approximately 10 minutes after speaking with the complainant because a neighbor instead said they start making noise when the police officer leaves.

The officer waited, listened, nothing.

After the fourth call, officer told him that to stop calling because we are not finding any violations, and after being told to stop, he admitted to Jessica in person that he would just come up and knock on the door instead of calling the police.

And ever since he has never knocked on the door and told us that we were reading loud.

So um his retaliation escalated even further.

He told Jessica that his wife was hospitalized because his arguments he claimed that he heard between Jessica and me, and she was supposedly believed that he was going to kill her.

I was supposed to kill her and harm her.

That statement is not not true.

It is outrageous in his attempt to frame us as a violent dangerous individual based on preparation.

Why did he not call the police any people?

He thought I was going to kill her at that time.

The truth is simple.

Jessica overheard, overslept at work, panicked because she didn't have money to go to work to Uber in five minutes.

He also confirmed the judge asked why we moved down of our previous residence.

He's like, that's not true because you were giving your downsided tenant a um disturbance, and you're giving her problems just like you're doing with us.

How we know that or how you came up with that?

We have no clue.

Um he did not stop there.

He repeatedly attempted to intimidate Jessica directly to her.

Um and saying, I'm going to make sure you're not going to be living there.

He is a he's lands with uh landlord protested to us.

Um the record shows a complaint acting was retaliatory tenant.

Twelve calls made with purposes creating a false narrative.

Officers repeatedly finding no disturbance, the obsessive staying 10 minutes and confirming no noise, the complaint being told to stop calling.

There's also multiple uh previous um police reports that even say it's we've there's no noise coming in previously of um when they're on property.

I have do you have those police reports?

Yes.

Can I see them, please?

Madam Chair, can't request I'm having trouble hearing it's muscle there.

Can we have a look at the podium, please?

Certainly.

Thank you.

What basically um I have in front of me are police reports from the City of Allentown's police department.

So what I'd like to do is just take a minute to look at these police reports.

He's basically saying that he has a retaliatory neighbor who is constantly calling in noise complaints, but that when the officers arrive, they are not finding those complaints, and that they're he's getting a DCR simply because of their response.

So I'd like to just take a minute and look at these police reports.

So what we have in front of us here is a police report dated February 13th, it looks like okay.

But there are no details on this police report other than noises.

Okay, on this police report dated February 13th, 2026.

There's a line that says officers made contact with Sergi Seward, who lives in the other apartment, and that you were advised to not move furniture at 3 a.m.

Were you in fact moving furniture at 3 a.m.?

That's what the um that's Lieutenant Um claimed.

But you say you were not moving furniture at that time.

Okay, the other police reports that he's presented do not have details of the police responding.

But thank you for bringing these with you.

Can have these back.

Okay.

Does Officer Conley do you have any questions for the two of them?

No.

No.

Does anyone on the board have any question for this gentleman?

Okay, then at this time, what will happen is the board will go into executive session.

Do you do you have anything you want to add?

Um I just wanted to add one thing.

Um we had never heard of this DCR.

This never even heard of it.

The only reason the first time we ever heard of it was a conversation I had directly with this neighbor when he had confronted me, where he stated like this was his goal.

This was his goal, so he so he knew the system, he knew what he needed to do for whatever reason he, whatever issue he had with that.

He knew the system, he knew what he had to do, and he did it, and then he stopped.

If you were to look at the the calls, all of a sudden he called call call call call, and then once this DCR process was started, call stop because he got what he wanted, and then at the same time, um every noise, I have my cell phone fall off the bed, and to him that would be a disturbance.

The cats get a zoom like the night with the zoomies, if the cats knock something over, and that's what it was.

It was like liquid.

Um we're cleaning it up.

That's all it is.

That's normal noise in multifamily housing.

Um I understand his wife may have health issues.

But if it's something where normal noise in a multi-family housing is too much for her, then I don't I don't understand why it should negatively impact us.

Can you can you please state and spell your name for the record?

My name's Jessica Pluskis, J E S S I C A.

P is a Paul, U S K A S.

Can you explain for us?

Do you live on the first floor, second floor, or third floor?

I'm on the third floor.

Uh we are roommates in the third floor, two bedroom apartment.

So this alleged neighbor that's calling this in is on the second floor?

Correct.

And he is under the impression or was under the impression that we were in a romantic relationship.

Um, I guess just because we live together, but we're roommates.

So I don't he so he I don't know what I don't know.

But that has there ever been a domestic violence situation between the two of you?

No.

And have either or both of you ever been evicted?

Um we were evicted.

Uh oh, no.

We had started a process, but it it didn't turn into that, I guess.

Okay.

Any questions from the rest of the board?

I have a question for the officer.

Just one question.

So I was having trouble hearing because everything's muffled, so I'm gonna have to go over this again.

The primary complaint was argument.

Uh the original call was for a report of a male and female fighting.

That's what the call was for.

But then once I got there and made contact, they were not fighting.

No loud music, no party.

I didn't hear anything.

And when you got there, you heard it?

No, when I when I got there, I just went up to the top floor.

I didn't hear any sort of arguing, fighting.

I just knocked on the door because it's protocol for us, if just to make sure that the people are right inside.

This was 347 in the morning.

Yes.

Okay, thank you.

Yep.

Hang on, officer.

I have a question, sir.

Was the night you went there?

You said you stuck around for 10 minutes.

Is that right?

Uh so that night I was dispatched again shortly after.

I can't remember exactly what time it was, but I do remember I went there afterwards.

And um I went there again.

I forget the nature of the calls, most likely a noise complaint.

Um, but I stood there for a while just to listen to see if I heard anything, and I did not hear anything the second time I went back.

Was it the same complainant from earlier?

Was it another complaint?

Same complaint.

Okay, thank you.

Same, yes.

Yes.

Um was there any way of us knowing that you were there or don't you hear?

For the second call.

Or at any time from us knowing that you're there, is there any way that we would know that we would you're there unless you knocked?

So this this call, which is what the hearing is for, that's when I talked to you guys, and you told me that the cat was within.

Sorry, I'm gonna phrase it.

Is there any way of us knowing before you got to our door that we would know that you were there?

Did you see the cameras or anything that we know that you were present and we would stop making any kind of noise?

I'm confused by your question.

Can you rephrase it?

Okay.

Um let's say we had the door blinker blink doorbell camera, right?

And it and and and it does a uh motion, right?

It notifies us when someone has a door.

And if that's the case, we would stop making noise.

If there was a camera, did you see any kind of camera that you I get what he's saying?

He's saying, in other words, they'd be smart enough.

If there was a ring camera or something, and they saw a police officer entering the building, they would be smart enough to be quiet.

Okay, did you see any evidence that they knew you were listening for 10 minutes?

Uh no.

Okay.

Anyone have any further questions?

Okay, then we're gonna ask the three of you to kindly step out into the hallway while we deliberate, and as soon as we're done, we're gonna have Carlin come out and get you.

Thank you.

Yes.

Okay with that.

Okay.

Thank you for appearing here today.

The board will file a written decision and provide you with a copy within 10 days of the clothing closing of the hearing.

But the board has ruled.

This DCR is okay.

The whole thing?

You can't.

You have to rule publicly.

Right, I'm gonna.

You're saying the board has a rule, but you have to actually make a motion on the uh determination.

Okay.

Okay.

I need a motion on this DCR.

Candida, you're making a motion that says you supporting or overturning the DCR.

Okay.

We have a you're making a motion to uh grant the appeal.

Okay.

Because they they appealed the DCR, so you're granting what they're asking for.

So I will make the motion to grant.

Candida's making a motion to grant the appeal to the appellants.

Do we have a second?

I'll second.

Second by Mark Shada.

All those on the board in favor signify by saying aye.

Aye.

Any opposition to the appeal?

No.

Seeing none, I'm gonna explain the rationale for the appeal or for the ruling.

Basically, we don't have a DCR that shows that someone actually heard the noise in this DCR.

This officer stating he did not actually hear the noise.

That does not qualify as a standing DCR, so your DCR is overturned.

It does not count.

That is the second DCR you have.

That's this one that you've appealed.

You will receive your money back for filing this appeal.

Carlin will get a check back to you.

And basically, in 10 days, we'll you will get a written copy of the closing of the hearing.

Any person, including the police officer or public officer for the city that's aggrieved by the decision of the board, may appeal to the court of common pleas of Lehigh County.

Such an appeal shall be made by a duly verified petition which shall set forth the factual and legal basis upon which the decision of the board is alleged to be illegal in whole or in part.

Such a petition shall be presented to the Court of Common Pleas, and a notice thereof must be given to the apple within 30 days after filing of the decision in the office of the board.

So basically that will conclude our hearing today.

Thank you.

What do you want?

A piece of paper?

Yes, my crossing.

Right in the row behind them.

And Officer Espinosa, you can have a seat right up here.

Right.

On this date, July 23rd, I, Vicky Kissler, Chairman of the Disruptive Conduct Board of Appeals, call the hearing of the City of Allentown's disruptive conduct board to order.

I now ask the secretary to take the board's roll call.

Here.

Kenita Alpha.

Here.

Mark Shada.

Here.

Vicki Kisler.

Here.

And Diane Foodie.

Here.

Let the record reflect that we have a quorum.

Disruptive conduct reports are written reports of disruptive conduct submitted by the City of Allentown police officers or public of public officers.

The Allentown Administrative Code, Section 455-11.

Owners, operators, or occupants at residential rental units shall not engage in disruptive conduct, nor tolerate nor permit others on the property to engage in disruptive conduct.

Police officers or public officers shall investigate alleged incidents of disruptive conduct.

If the police or public officer identifies a disruptive conduct, they shall complete a DCR disruptive conduct report for the property.

The owner of a residential rental unit shall have 10 working days from the date of the receipt of a disruptive conduct report to appeal the content of said disruptive conduct report.

The appeal shall be made in writing and submitted to the Department of Community and Economic Development.

All DCR appeals must be filed in writing with the appropriate fee within 10 working days from the date of the receipt of the disruptive conduct report or notice of revocation.

Would the secretary please confirm that all appeals scheduled for today, right here, were correctly and timely filed?

Yes.

The board is here today to hear the appeal and decide whether it has been alleged that there's an error in any order requirement, decision, or determination made by the officer who just who submitted the DCR.

The board may reverse or affirm, wholly or partly, may modify the order requirement or decision or determination appealed from and may make such an order requirement decision or determination as justice would require, and to that end shall have all the powers of the police officer or public officer.

What will happen today is that the hearing will proceed pursuant to the rules of Pennsylvania's local agency law.

Under local agency law, the rules of evidence are relaxed.

Local agencies are not bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative value may be received.

Reasonable examination and cross-examination shall be permitted.

So pursuant to our bylaws, the reporting officer will testify first and present all relevant evidence to the court.

The applicant will testify and present all relevant evidence to the court.

And finally, any third-party objectors may provide testimony and offer evidence to the court.

For all evidence to be presented, I ask that you first show it to the opposing party and then present it to the board for identification and introduction.

All witnesses can be subject to cross-examination from the opposing party, from the objectors, or from this board.

So at this time we will swear in the witnesses.

Before we swear you all in, please stand and one by one give your name for our stenographer.

So officer, can you go first, please?

Officer Allentown Police.

Okay, sir.

Uh Rupert Blanco.

Okay.

And the two of you.

Are you going to testify today?

I'm sorry, what is your name?

Jose Rivera.

Jose Rivera.

Angelica Rivera.

And Angelica Riveller.

Okay, well, all of you stand and repeat after me.

I do swear.

I do swear.

By Almighty God.

By Almighty God.

The searcher of all hearts.

But I will tell the truth, the whole truth.

That I will tell the truth, the whole truth.

And nothing but the truth.

And nothing but the truth.

And that I shall answer.

And then I shall answer to God on the last great day.

To God on the last great day.

Okay.

You may be seated.

Officer, can you please describe this DCR?

Oh, I'm sorry.

Can you step up to the podium so Candida could hear better?

There's a little button at the bottom that turns it on.

On the actual mic itself, all the way down at the bottom.

There you go.

All right.

So March 31st at approximately 1755.

I was dispatched to uh 750 to uh Cardin.

I spoke to a gentleman by the name of Ornesto Ortiz who uh explained to me that his uh gentleman who's behind me, uh Ruben Polanco Rivera was doing burnouts up the street.

He stated to me that they got into an argument over the issue.

Um, and it's been uh constant issue.

I went around back to 748, called in, and I spoke to uh Mr.

Rivera, um, which he denied doing any burnouts.

Um came back around front, spoke to uh Mr.

Ortiz again.

Uh he provided me with video, but in the video I couldn't see um Mr.

Ortiz specifically, so I advised him that I could not cite him with anything.

Um but I would put in a DCR for the reasons that you explained.

Um it is a lower burden of proof, and I mean that's really all I had was the DCR because again he did tell me that it's a continuous issue.

Okay.

Do you have any questions for the officer?

Oh, what time you said you were dispatched over there?

It was roughly 1755.

Can you say that in normal?

Okay, that's 555.

Yeah, no, I yeah.

55.

PM.

Any other questions?

Does the board have any questions for the officer?

And when when you showed up, I'm sorry, sir.

Did you say that you didn't you didn't observe it firsthand, but you seen the video that I did not observe it firsthand, I did see the video.

And it was a little bit unclear in the video as to who was?

Yeah, it was I I couldn't see who it was.

I mean, it was clear somebody was doing burnouts.

Um, and Ornesto uh told me that it was the gentleman behind me, and I advised him.

Like I said, I mean I couldn't cite him, but I could put in the DCR.

Okay.

Thank you.

No problem.

Could you tell what car or who owned the car that was doing the burnouts?

No.

Okay.

Anyone else have questions?

What was on the video?

Um the video you could see from the house, which was uh like right up the street.

It was like the corner of the street.

Somebody just doing burnouts on a motorcycle, and just took off.

That was it.

Okay, thank you.

No problem.

Sir, what is your testimony?

What would you like the board to know?

Well, up yeah, up at the podium.

The officer's name is Espinoza.

Yes, and this is Mr.

Your name again?

Ruper.

Rupert.

Well, I just had oh, one thing in general.

I understand that he showed up at a certain time, but in his body camera when he showed up, it showed that I was working on a vehicle in that garage, because I'm just a renter, right?

At the garage behind the address.

Uh when the officer showed up, he saw me doing mechanic work on a car.

But the reason why I asked him what time exactly he showed up, because as I was during that time frame, I was on my phone constantly texting people, taking pictures, and at no certain moment I don't got a driver's license for a motorcycle.

I don't want a motorcycle.

I did get pulled over but years prior, but after then that there was no incident, no reports, none of me being reckless in that property area, because I really don't go there as much.

I only go probably once or twice, fix a car, and that's about it.

So you don't live in the area?

No, I don't.

I'm just a renter for the garage.

Officer, do you have any questions for him?

No.

Okay.

Does the board have any questions for this gentleman?

Um, sir, you did you did say that you don't own a motorcycle, is that correct?

No, I do not.

No.

Do you have access to anyone else's motorcycle?

No.

Because everybody from now on, like nowadays, nobody trusts nobody with motorcycles and stuff because the way that people keep, I guess, stealing them.

So I really don't like borrowing anybody else's stuff.

If it's not mine, I really don't like borrowing people this stuff.

When you were served with this DCR, did you try to explain that to this officer?

Well, not exactly, because I guess in the video that there is, which uh like I wasn't able to see it, I asked them to see it, but they denied it.

Um I feel like in my opinion, there in that day in general, there's a whole bunch of motorcycles out being reckless, doing burnouts, revving engines.

You could hear them from afar, but just that day in specific.

Uh like I don't know if it was because or maybe they didn't do like a favor for the neighbors or something, and they try maybe like put it on me, right?

Because I didn't do such favor for their vehicle.

Like, I don't know if it was like a maybe you could say a retaliation, but other than that, there's like no reason for so you think Mr.

Ortiz picked you out of retaliation?

Yeah, because that that day uh he asked me a couple days prior, maybe weeks prior, to do him a favor on his car.

I denied him numerous times, and maybe from that it's like I had some.

Further questions.

Um so he said he has no access to a motorcycle.

We were just standing out front, and his dad said there was a motorcycle out front that his wife was with.

So that's the first thing.

Uh the second was it was almost impossible for me to get any information from him the day of because he didn't even want to tell me his name.

It was only when his mom, I believe this was his mom, told me, or told him, excuse me, to give me his name because I explained to him that he was under investigation.

Did he actually provide me with his name?

Is this your first DCR?

Yeah, ma'am.

Um those motorcycles are, I guess you could say irrelevant because they just got those bikes maybe like a week or two ago.

Okay, so you're not a property rentor, you don't live there, you just rent the garage.

Yes, ma'am.

And you're renting the garage to fix vehicles.

Yeah, and personal vehicles or family-owned vehicles.

That's about it.

You're not a professional garage.

No.

And you don't fix anybody else's people's in that garage.

No, ma'am.

It's just either family for like a favor, quick favor, or for me to keep myself entertained and I don't got nothing to do.

Do you fix motorcycles?

No, I do not, ma'am.

Okay.

I know that our objectors want to testify.

Do you have anything else to share with the board, sir?

No.

Not the moment.

Okay.

Then you may come on up.

Are these your parents?

Uh this is my uncle.

Uncle and mom.

Okay.

Yeah, I'm his uncle and his father.

I don't know why he say his father.

That's okay.

Um just get them little cycle a two week, one week ago.

I had the registration, the issuing, uh, everything to prove it.

I got it right there.

I can bring it back.

We believe you.

Before that, we know we know all motorcycle, we know using motorcycle.

And around the house, they have a lot of um video camera subveillance.

They I don't know why they go and check before try to do uh.

Yeah.

Okay.

Anything else?

Uh asking why the people who say it's him not here.

Well, I believe one of the individuals was supposed to be separate.

I don't know what status or not.

They were asked to come.

I team uh receive a response from Mr.

Ortiz and the other individual.

Um asked if we could call.

I try calling her today, she hasn't responded.

But if the board still wants to continue, I could try giving her a call.

Okay, thank you.

Do you have anything you'd like to add?

Just um he don't want to give his name because he don't do nothing.

That's the reason he got mad, and he say, Oh, I don't want to give him my name because I don't do nothing.

But I told him to give it the name because he don't do nothing.

I know it's a lot of people riding motorcycles over there.

So they don't can say, oh, that's you, because when he came, they he can see no motorcycle.

My son was working in the car, so were you there?

Yeah.

Are you typically there when he works on cars?

Yeah.

And you've never seen him ride a motorcycle?

No.

He has one like two years ago or three years ago.

In my name.

And he don't have no tickets, nothing.

So if the police stop him, he's tough, you know.

And he know I don't like that.

That's tough.

He need to do the the good stuff.

Because I don't I don't like running the police.

I don't like nothing, nothing like that.

Thank you.

Any questions from the board?

Yeah, I do.

I um he was using your garage.

Yeah, it's both.

And you're a renter?

Yeah.

They just rent the garage.

They don't live there.

Oh, they rent the garage.

They rent the garage.

Oh, so there wouldn't be a DCR to them.

There would be a DCR to the renter of the garage, and his name is attached to that.

And he's the renter of the garage.

Yes.

Oh, okay.

Can someone clear some up for me?

I thought I heard mention of there was a motorcycle on scene a week prior that family purchased that, correct?

Yes or no?

Wait, what was that?

But you had a motorcycle out front of the property.

Yeah, yeah.

So there was ability to ride a motorcycle.

No, no, no, no, no, no.

I buy like two weeks ago.

In front of this building right now.

I thought I heard you guys mention that a week prior to this incident that you purchase a motorcycle.

No.

No, two weeks from two late.

Okay.

A week prior to this hearing.

Got it.

They purchased that.

That clears that up.

Okay.

That's all I had.

Any other questions?

Any other information you need us to know?

Then we're gonna step outside into the hallway.

We're gonna consult.

Hold on, gotta read it.

Appropriately.

At this point, the board will now enter into an executive session to get legal advice from our solicitor, and we'll be returning shortly.

The board just conducted an executive session where we received legal advice from our solicitor.

Are there any comments from the board?

And does anyone want to make a motion to grant or deny the appeal?

I'll make a motion to grant the appeal.

Do we have a second?

Second.

Okay, we have a motion on the floor to grant the appeal, and we have a second.

We need a vote from the board.

All those in favor signify by saying aye.

Aye.

The appeal is granted, but the appeal is only granted because we do not have direct evidence linking you to being on that motorcycle.

Be careful.

You will receive your money back for the repeal.

Uh Carlin will make sure that you receive a check.

All right.

Thank you.

Thank you, officer.

I also need just to read that if anyone wants to appeal this decision, the board will provide you with a written decision and a copy within 10 days of this hearing.

Any person, including the police officer or public officer, may appeal to the Court of Common Pleas at Lehigh County, and that appeal would be made by a duly verified person and set forth for the factual legal basis upon which the decision of the board is determined to be a legal holer in part.

So a petition could be presented to the Court of Common Please, and a notice would be given to the appellant.

That's you within 30 days if the officer decided to do that.

Thank you.

Thank you, officer.

You too.

I will now ask the secretary to take the board's roll call.

Kyle Pummer.

Here.

Kenita Alpha.

Uh Mark Shada.

Here.

Vicki Kessler.

Here.

And Diane Purdy.

Here.

Let the record reflect that the board has a quorum.

Disruptive conduct reports are written reports of disruptive conduct submitted by City of Allentown police officers or public officers.

The Allentown Administrative Code Section 455-11.

Owners, operators, or occupants at residential rental units shall not engage in disruptive conduct nor tolerate nor permit others on the property to engage in disruptive conduct.

Police officers or public officers shall investigate alleged incidents of disruptive conduct.

If the police or public officer identifies a disruptive conduct, they shall complete a DCR disruptive conduct report for the property.

The owner of a residential rental unit shall have 10 working days from the date of receipt of the disruptive conduct report to appeal the content of the said disruptive conduct report.

The appeal must be made in writing and submitted to the Department of Community and Economic Development.

All DCR appeals must be filed in writing with the appropriate fee within 10 working days from the date of receipt of the disruptive conduct report or notice of revocation.

Would the secretary please confirm that the appeal scheduled for today was correctly and timely filed?

Yes.

That being said, the board is here today to hear the appeal and decide whether it has been alleged that there is an error in any order requirement, decision, determination made by the officer who submitted the DCR.

The board may reverse or affirm wholly or partly, or may modify the order requirement, decision or determination appealed form, and may make such order, requirement, decision, or determination as justice would require.

And to that end, shall have all the powers of the police officer or public officer.

So the outline of how to be followed during the hearing is that the hearing will proceed pursuant to the rules of Pennsylvania's local agency law.

Under local agency law, the rules of evidence are relaxed.

Local agencies are not bound by technical rules of evidence at agency hearings, and all relevant evidence of reasonably probative form may be received.

Reasonable examination and cross-examination may be permitted.

So pursuant to our bylaws, the reporting officer, Officer Dietrich, will testify first and present all relevant evidence to the court.

And finally, any third-party objector may provide testimony and offer evidence to the board.

Once all witnesses have testified, we will accept any additional relevant evidence that may be presented.

And for all evidence to be presented, I ask that you first show it to the opposing party and then present it to the board for identification and introduction.

All witnesses can be subject to cross-examination from the opposing party, from the objector, or from the board.

So at this time I'd like the three of you to stand.

Officer?

Daniel E.

A N I E L D E T R I.

Thank you.

Jason D A six.

J A S S L I N D E J E S U S.

Elizabeth Salib, on behalf of City Star Management, E L I Z A B, E T H S A L E V.

Can you please raise your right hands and repeat after me?

I do swear.

I do swear.

By Almighty God, the searcher of all hearts.

That I will tell the truth.

And I will tell the truth.

The whole truth.

And nothing but the truth.

And that I shall answer to God at the last great day.

Thank you.

You may be seated.

Sir, are you planning to testify at this hearing?

No, he's not.

We're sure?

Yeah.

Okay.

All right.

Officer, can you present the DCR?

And can you come to the podium and use the mic?

On June 5th at approximately 8 p.m.

I was in the area of 10th Liberty Street.

While there, I did hear loud music being played from the 900 block of Liberty Street.

Once going eastbound, I observed at 926 West Liberty Street.

There was a single female sitting on the porch with a portable speaker playing loud music.

Upon pulling up and stopping the vehicle, the music was lowered slightly.

I then made contact with that female who is a juvenile.

She identified herself as Miss Rosario.

While speaking to Miss Rosario, it was hard to hear her as the music was still playing.

I did have to have her repeat multiple times to gather her information.

It was explained to her that the music was too loud and that this music had to be turned off and speaker placed inside.

And by the end of police contact, the music was turned off.

I did some research into that address after taking this complaint.

It was subject to 10 noise complaints from April 17th to June 19th of this year.

And within those 10 reports, five did have documented loud music being heard and or loud or gatherings of multiple people on the porch.

I do have those five reports as well, if you would like to hear them.

Sure.

So this one is June 5th of this year at 119 in the morning.

This one is responding to the above location for a complaint of loud music.

Caller was refused.

Upon arrival, I observed a group of people on the front porch of the property playing music from a small speaker.

The residents were advised to turn the music down and bring the speaker inside to avoid being cited.

The music was then lowered without incident.

This report is May 25th.

Unit dispatched to 926 West Liberty Street for loud music and party at the house.

I made contact with the tenant, Jaslin de Jesus, and the bias for the complaint.

I asked her if police were at the house today already, and she stayed no what they have been in the past.

I explained the NOID ordinance to her, and that there is no time regulating the ordinance, and that it is always in effect.

Jason said that she understood, and I warned her if police returned, she would be cited.

Prior reports were checked, and this was the fifth noise complaint in the last two months, but first actual contact with the tenant.

That was documented.

This is May 9th of this year.

Respondent to location, 926 West Liberty Street for loud music.

Upon arrival, I observed a group of seven or eight people on the front porch of the building.

I asked if they would be able to take the party inside.

They acknowledged that they would and depart without providing any information.

DCR was requested.

And this one is April 17th of this year.

Officers dispatched to the above location, 926 West Livery Street for Loud Music.

Complaint was refused caller.

On scene, the music was turned down without incident.

Officer, do you know if this is a single family dwelling or an apartment building?

I believe it is a single family dwelling.

The board have any questions for this officer?

Can you just do you have the times of those noise complaints on the other three?

The May 25th, May 9th, and April 17th.

Yes, uh mine was 8 p.m.

June 5th was 119 in the morning.

May 25th was 11 p.m.

May 9th was 4 44 in the morning.

April 17th was 11 33 p.m.

Thank you.

Thank you.

Is this the first DCR?

Carlin, is this DCR first?

Um this one.

Um this is our third DCR.

Okay.

What's third?

Third.

This is the third DCR.

So each in each incident you gave a DCR.

I was not the responding officer for all those incidents.

Sorry.

I was not the responding officer for all of these incidents.

I was the responding officer for June 5th.

The other reports that I read were other officers of Allentown Police Department.

And there were two DCRs requested in those five visits.

So this is the third.

Thank you.

Do you have any questions for this officer?

Yes, uh, first um, we had done a request to uh write to knowledge questions for the officer first.

Do you have any questions?

Yes, um, I just want clarification.

Um the dates for the DCRs.

What dates were they issued?

I'm unsure of the dates of all the DCRs, but mine was filed on June 5th of this year.

Did you issue on June 9th?

Wasn't that the first one that you reported?

June 5th is the only time that I responded to this address and had a report written with a DCR.

Okay.

Uh earlier you said you heard music from your car.

Was that something you were was that the June 5th?

Yes.

And you were responding to a complaint, or you happened to be there and you saw it.

You heard it.

On that date, the department actually hired extra patrol officers for shift supplemental, um, specifically for helping out the current shift and quality of life issues.

So with that, I was just patrolling the area, driving around with my window down, and that instance I did hear loud music coming from the 900 block of Liberty Street.

Okay, so there was no complaint that day.

There was no direct call for the June 5th, no.

Okay.

Um just want to have the dates again.

You went June 5th, May 25th, May 9th, April 17th.

Did I miss one?

There's two on June 5th, one on May 25th, May 9th, and April 17th.

And just to clarify, these are the reports that loud music and or gatherings on the porch were documented.

There's five other reports as well.

Okay.

Um, the June uh 5th, when you said there was two, you went so you went twice to the property.

I personally only went to the one at 8 p.m.

And I believe there was the other one was at 119 in the morning, so that would have been the shift prior to mine.

Okay.

So but you issued the DCR for the one you went to at 8 p.m.

Yes.

Okay.

Um, do you have a copy of the DCRs?

The tenant should have received her copy of the DCRs.

She did not receive them.

I have um three copies of DCRs here.

Um, the first one was sent on June 3rd, 2026 to the property 926 Liberty Street.

Um, this DCR was from May 9th of this year.

That was the first one.

Second one was also sent on the same date.

The note is sent to the same address uh 926 Liberty Street.

Um, and um this DCR was from May 25th, 2026.

Um, and the third one notice was sent on June 10th uh of this year, same address 926 West Liberty Street in Allingtown, and this is for DCR uh of June 5th.

Uh when we received the appeal application, you actually had appealed three different DCRs.

But because the first two were outdated, you didn't apply within the allowable time.

Those who are denied only the third one was accepted, and that's what we were here for today to hear the third hearing.

So obviously you've received copies of these notices if you're here appearing.

As the property owner, we received them and she didn't receive them.

So it's the one I gave.

You did receive them.

That's the DC.

She only received the hearing date in the mail.

Do you have a copy of those?

We have a copy.

Okay.

Sure.

She would need to request the copies as the person served the DCR.

Would you like a copy if you have to request it?

Okay.

Okay.

Any further questions for this officer?

Not at this time, no.

Okay.

Then Jazlin.

Would you like to come up to the microphone and tell us your appeal?

Um first I want to say I do apologize.

I'm not taking saying anything that I obviously there was music as they drove by and they can hear it.

Um besides him coming by, I really want to say I felt like I do have a lot of kids, so they do have a lot of friends.

So there is a lot of people when it came down to being one o'clock in the morning.

Obviously, that was me and some of my friends.

Um but since then I have taken accountability for it.

I removed speakers from my house.

I told my friend my my kids they can't have too many friends there.

Um, but I do felt like I was targeted for a little while because I've been there since 2023, and I've never had cops called on me this many times.

Um at the time when he came, I wasn't home that day, and there shouldn't have been music on.

Um that girl doesn't even live in my house for her to be outside with the speaker at the moment.

So that's all I have for you guys right now.

Any questions from the board to this citizen?

No questions.

Officer, do you have any questions for her?

No, ma'am.

Okay, thank you.

Now is the time for objectors to offer testimony if they would like to.

Elizabeth, do you have anything to add?

Um we had we had requested a continuance because we didn't receive the reports from the right to null.

Uh there was a delay.

They said um we should have them by August 8th.

I just want to get that on the record.

Um we don't we don't have access to the we didn't have access to the police reports to prepare for today.

Um I just have that request out there.

Um, as Jacelyn said, she's been attendant since 2023.

She's been a good tenant.

We never had any issues with her or her kids.

Um, I was surprised when these came in one after the other.

Um from a legal standpoint.

Um, I have to have a problem with the June 10th, um, sorry, the June 5th, because the police officer was the uh the DCR was for um noticing or hearing the music, so there was no aggrieved party, and I I have to look at the law again, but I think you have to have an aggrieved party for it to go.

Umise ordinance states that any noise that exceeds the limits of the property lines that you can hear from off the property lines is a violation of the noise ordinance.

Okay, so an officer seeing that would be negligent in not responding to that.

Okay.

Um other than that, that's all I have.

Um just to say that she's a good tenant.

She did um confirm that she removed the speakers.

Um I didn't see that she had any more issues after these incidents, the last one being the June 5th.

Um, and we would ask um for leniency for her.

Thank you.

Thank you.

Are there any more questions from the board to any of the parties here today?

Seeing that, the board will now enter executive session.

Yes.

Oh, when did you file the right to know?

And who filed the right to know?

Um, I filed it on July 1st, 2026.

Okay.

And you filed it here in City Hall by through email.

Um I received an email from uh right to know Allen Town PA acknowledging receipt of it, um, and saying we will forward a response within 30 days on or before August 8th.

Um, and also that the city will require additional time to respond to your request.

That's what it says.

Thank you.

All right, the board will now enter into executive session to get legal advice from our solicitor.

So we're gonna step out and we'll be right back.

Okay.

I need to pause this.

The board just conducted an executive session where we received legal advice from our solicitor.

Are there any comments from the board, or does anyone on the board want to make a motion to grant or to deny the appeal?

I'll make a motion to deny the appeal.

Do we have a second?

We have a second with Candida.

All those in favor of denying the appeal, please indicate by saying yes.

Hi.

Aye.

The appeal is denied.

The board will file a written decision and provide you with a copy within 10 days of the closing of the hearing.

Any person, including the officer or public officer for the city aggrieved by the decision of the board, may appeal to the Court of Common Please of Lehigh County.

Such an appeal may be made by a duly verified petition which shall set forth the factual and legal basis upon which the decision of the board is alleged to be illegal in whole or in part.

Such a petition shall be presented to the Court of Common Please, and a notice thereof must be given to the appellate within 30 days after the filing of the decision in the office of the board.

That concludes this hearing.

Thank you all for attending.

I can attend that and uh appeal to the handshame.

And then I'll let you appeal is the thank you, officer.

Thank you.

Thank you, Mr.