PRIOR PRINTER'S NOS. 615, 2644                PRINTER'S NO. 3184

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 556 Session of 1975


        INTRODUCED BY MESSRS. ZORD, ECKENSBERGER, ZELLER AND FISHER,
           FEBRUARY 24, 1975

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 12, 1976

                                     AN ACT

     1  Amending the act of April 9, 1929 (P.L.177, No.175), entitled
     2     "An act providing for and reorganizing the conduct of the
     3     executive and administrative work of the Commonwealth by the
     4     Executive Department thereof and the administrative
     5     departments, boards, commissions, and officers thereof,
     6     including the boards of trustees of State Normal Schools, or
     7     Teachers Colleges; abolishing, creating, reorganizing or
     8     authorizing the reorganization of certain administrative
     9     departments, boards, and commissions; defining the powers and
    10     duties of the Governor and other executive and administrative
    11     officers, and of the several administrative departments,
    12     boards, commissions, and officers; fixing the salaries of the
    13     Governor, Lieutenant Governor, and certain other executive
    14     and administrative officers; providing for the appointment of
    15     certain administrative officers, and of all deputies and
    16     other assistants and employes in certain departments, boards,
    17     and commissions; and prescribing the manner in which the
    18     number and compensation of the deputies and all other
    19     assistants and employes of certain departments, boards and
    20     commissions shall be determined," further providing for the
    21     Pennsylvania State Police.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  Subsection (e) of section 205, act of April 9,
    25  1929 (P.L.177, No. 175), known as "The Administrative Code of
    26  1929," added July 25, 1963 (P.L.278, No.148), is amended to
    27  read:

     1     Section 205.  Pennsylvania State Police.--* * *
     2     (e)  No [enlisted] member of the Pennsylvania State Police
     3  except a probationary cadet or trooper shall be dismissed from
     4  service or reduced in rank and/or pay grade except by action of
     5  [a court martial board held upon the recommendation of the
     6  Commissioner of the Pennsylvania State Police and the Governor.]
     7  an Internal Board of Inquiry.
     8     * * *
     9     Section 2.  Subsection (f) of section 205 of the act, added
    10  December 5, 1967 (P.L.673, No.313), is amended to read:
    11     Section 205.  Pennsylvania State Police.--* * *
    12     (f)  All new cadets and troopers shall serve a probationary
    13  period of eighteen months from date of original enlistment,
    14  during which time they may be dismissed by the commissioner for
    15  violation of rules and regulations, incompetency, and
    16  inefficiency without action of [a court-martial board] an
    17  Internal Board of Inquiry or the right of appeal to a civil
    18  court.
    19     Section 3.  Subsection (b) of section 711 of the act, amended
    20  December 5, 1967 (P.L.671, No.312), is amended to read:
    21     Section 711.  Commissioner of Pennsylvania State
    22  Police.--* * *
    23     (b) (1)  Before any [enlisted] member who has not reached
    24  mandatory retirement age is dismissed or [refused reenlistment]
    25  reduced in rank and/or pay grade by [the commissioner] order of
    26  an Internal Board of Inquiry, the commissioner shall furnish
    27  such [enlisted] member with a detailed written statement of the
    28  charges [upon which his dismissal or refusal of reenlistment is
    29  based] which form the basis for such action, together with a
    30  written notice, signed by the commissioner or the proper
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     1  authority, of a time and place where such [enlisted] member will
     2  be given an opportunity to be heard either in person or by
     3  counsel, or both, before [a Court-martial Board appointed by the
     4  commissioner] an Internal Board of Inquiry. The board shall
     5  consist of three [commissioned officers] persons. Those members
     6  of the board who are also members of the Pennsylvania State
     7  Police shall be of equal or higher rank than the charged member,
     8  except that a next lower ranking member shall be appointed in
     9  those instances where an insufficient number of equal or higher
    10  ranking members are available for appointment to the board. The
    11  charged member shall have the right to name one member of the
    12  board who shall MAY OR MAY NOT be a member of the Pennsylvania    <--
    13  State Police. The commissioner shall have the right to name one
    14  member of the board who shall be a member of the Pennsylvania
    15  State Police. The two named members so selected shall name the
    16  third member of the board who shall be chairman but who shall
    17  not be a member of the Pennsylvania State Police. If the two
    18  named members fail to select the third board member within five
    19  days after their selection, the third board member shall be
    20  chosen from a list of five names presented by the American
    21  Arbitration Association. None of the persons listed shall be
    22  members of the Pennsylvania State Police. The accusor shall have
    23  the right to strike the first name from the list of five names.
    24  The accused shall then strike one name. The accusor shall strike
    25  another name, and the accused another name so that only one name
    26  remains. That person shall be the third board member and
    27  chairman of the board. The hearing shall not be sooner than ten
    28  days nor later than thirty days after such written notice. The
    29  hearing shall be held private. At such hearing all testimony
    30  offered, including that of complainants and their witnesses as
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     1  well as that of the accused [enlisted] member and his witnesses,
     2  shall be recorded by a competent stenographer whose services
     3  shall be furnished by the Pennsylvania State Police at its
     4  expense. Any such hearing may be postponed, continued or
     5  adjourned, by agreement of the person charged and the [Court-
     6  martial Board with approval of the commissioner] Internal Board
     7  of Inquiry. If such hearing is postponed, continued or adjourned
     8  and any testimony has been taken, then a free copy of a
     9  transcript of such testimony shall be given to the accused, if
    10  he makes a request therefor.
    11     (2)  The [Court-martial Board] Internal Board of Inquiry
    12  shall have the power to issue subpoenas requiring the attendance  <--
    13  of witnesses at any hearing and shall do so at the request of
    14  the party against whom a complaint is made. If any person shall
    15  refuse to appear and testify in answer to any subpoena issued by
    16  the board, any party interested may petition [the court of
    17  common pleas of the county wherein the hearing is to be held]
    18  Commonwealth Court, setting forth the facts. [The court]
    19  Commonwealth Court shall thereupon issue its subpoena commanding
    20  such person to appear before the [Court-martial Board] Internal
    21  Board of Inquiry, there to testify as to the matters being
    22  inquired into. Any person refusing to testify before the [Court-
    23  martial Board] Internal Board of Inquiry may be held for
    24  contempt by [the court of common pleas] Commonwealth Court. All
    25  testimony at any hearing shall be taken under oath and any
    26  member of the [Court-martial Board] Internal Board of Inquiry
    27  shall have power to administer oaths to such witnesses.
    28     After fully hearing the charges or complaints and hearing all
    29  witnesses and/or evidence produced by the [Court-martial Board]
    30  Pennsylvania State Police and the person against whom the
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     1  charges are pending, [and] the Internal Board of Inquiry, after
     2  a full, impartial and unbiased consideration thereof [the Court-
     3  martial Board] shall, by a [two-thirds] majority vote of all      <--
     4  members thereof taken by a closed-secret vote [and] with the
     5  total results thereof to be recorded, determine whether or not
     6  such charges or complaints have been sustained and whether the
     7  evidence substantiates such charges and complaints. [, and in]
     8  In accordance with such determination, the Internal Board of
     9  Inquiry shall [recommend the discharge, demotion or refusal of
    10  reenlistment of such enlisted member to the commissioner] make
    11  findings of fact and conclusions of law and adjudge such member
    12  guilty or not guilty as charged, all of which shall be recorded.
    13  [If one member of the Court-martial Board shall dissent from the
    14  findings of the other members, he may state his reason for
    15  disagreement which shall be made A part of the record.] Any       <--
    16  member of the board may dissent from the majority decision and
    17  submit for the record a dissenting opinion.
    18     In addition to determining the guilt or innocence of the
    19  member, it shall be the duty of the board to prescribe a fair
    20  and just punishment, in accordance with this statute. All
    21  decisions rendered by the Internal Board of Inquiry shall be
    22  final. All reports, findings, and decisions of the board shall
    23  be submitted to the commissioner and shall not be made public
    24  unless authorized by the commissioner.
    25     [Reports of findings of the Court-martial Board shall not be
    26  made public before acted upon by the commissioner. The Court-
    27  martial Board shall submit all records of the trial to the
    28  commissioner for review.]
    29     A written notice of [any] the board decision and a copy of
    30  the [commissioner] commissioner's order discharging, [demoting
    19750H0556B3184                  - 5 -

     1  or refusing THE reenlistment of] or reducing in rank and/or pay   <--
     2  grade any member, together with a free copy of a transcript of
     3  the notes of testimony, shall be sent by registered mail to the
     4  [enlisted] member at his last known address within thirty days
     5  after the hearing is actually concluded. The commissioner [may,
     6  in his discretion,] shall follow [or disregard the                <--
     7  recommendations of the Court-martial Board] the decision of the
     8  Internal Board of Inquiry.
     9     In all cases where the final decision is in favor of the
    10  [enlisted] member, the records in the files of the Pennsylvania
    11  State Police shall show accordingly.
    12     (3)  In case the [enlisted] member concerned considers
    13  himself aggrieved by the action of the [commissioner] Internal
    14  Board of Inquiry, an appeal may be taken by him to [the Court of
    15  Common Pleas of Dauphin County] Commonwealth Court, in
    16  accordance with the provisions of the act of June 4, 1945 (P.L.
    17  1388, No.442) and its amendments, known as the "Administrative
    18  Agency Law."
    19     (4)  For the purpose of this [subsection (b)] section, the
    20  term ["enlisted member"] "member" shall [not] include all sworn
    21  personnel of the Pennsylvania State Police, except a cadet or
    22  trooper [of the Pennsylvania State Police] with less than
    23  eighteen months of service.





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