Even though one member of the Green Tree Civil Service Commission believes the punishment is unfair, and another believes it should never have gotten to the point that it has, the board unanimously voted last night to uphold a two-day suspension for a borough police officer.

The members also voted 2-1 to require Officer Charles Kern to have a psychological evaluation. He has 60 days to appeal the discipline, and Officer Kern said that he will.

"I view this as an opportunity to appeal this case and move it away from the bias that is associated with local politics and into a more impartial arena within the Court of Common Pleas," he said in a statement.

The decision followed an August hearing before the commission.

Officer Kern was disciplined following the May 1 death of retired state Supreme Court Chief Justice Ralph Cappy.

Justice Cappy was found dead in his home by U.S. Magistrate Judge Lisa Pupo Lenihan.

On May 4, police Chief Andrew Lisiecki sent an e-mail to his department informing officers that they should keep information from cases they're involved in private.

Officer Kern sent an e-mail back, which the chief said broke a number of departmental rules, including violating his oath of office and code of ethics.

Last night, commission member James Droney said he voted against the psychological evaluation and believed the punishment would be "unfairly damaging" to Officer Kern's career.

He also said the e-mail was meant only for the department.

"It should not have been sent or brought into the public forum. It did not deserve such a big blowup," he said.

The disciplinary action became an issue during the recent mayoral election.

Mayor Vincent Abbato, who ran for his second term, lost to former Mayor Chuck Hammer.

Commission member Marc Daffner started his comments last night by saying, "I'm not sure an e-mail standing alone justifies much more than an apology."

But, he continued, he voted in favor of the punishment, because the law required it.

"It appears the sanctions imposed on Officer Kern are permitted under the law, regardless of whether they're fair," said Mr. Daffner. "This in no way sanctions the borough to go on a witch hunt of Officer Kern or any other officer, for that matter."

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