PRIOR PRINTER'S NOS. 615, 2644 PRINTER'S NO. 3184
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 19750H0556B3184 - 2 -
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 19750H0556B3184 - 3 -
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 19750H0556B3184 - 4 -
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. L3L55CVV/19750H0556B3184 - 6 -