PRINTER'S NO. 1406
No. 1247 Session of 1979
INTRODUCED BY PICCOLA, REED, MANMILLER, DININNI, ZELLER, CIMINI AND E. Z. TAYLOR, MAY 8, 1979
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 8, 1979
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled 2 "An act relating to counties of the third, fourth, fifth, 3 sixth, seventh and eighth classes; amending, revising, 4 consolidating and changing the laws relating thereto," 5 regulating the suspensions, removal and reinstatement of 6 county detectives. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The act of August 9, 1955 (P.L.323, No.130), 10 known as "The County Code," is amended by adding sections to 11 read: 12 Section 1442. Cause for Removals.--No persons employed as a 13 regular full-time county detective shall be suspended or removed 14 except for one or more of the following reasons: 15 (1) Physical or mental disability affecting his ability to 16 continue service. Such determination shall be made in accordance 17 with procedure set forth in section 1443. 18 (2) Negligence in the performance of any official duty. 19 (3) Inefficiency, intemperance, disobedience of lawful 20 orders, conduct unbecoming an officer, or formal accusation of
1 having committed a misdemeanor or felony. 2 (4) Intoxication while on duty. 3 (5) Conviction of a misdemeanor or felony. 4 Section 1443. Suspensions, Dismissals and Separation from 5 Service.--(a) Whenever the district attorney has cause to 6 believe that a county detective is suffering from a physical or 7 mental disability as described in section 1442 (1), he shall 8 direct the said county detective to submit to a physical or 9 psychiatric examination by, or under the supervision of, the 10 appropriate county medical officer, and the findings of the 11 medical examiner shall be deemed binding. If the said county 12 detective refuses or fails to report for such examination he 13 shall be deemed to admit the existence of the incapacitating 14 condition. Under this circumstance, or where the medical 15 examiner's findings are positive, the district attorney shall 16 issue to the said county detective a letter of honorable 17 separation from service. 18 (b) Whenever the district attorney has cause to believe that 19 a county detective is guilty of any of the offenses set forth in 20 section 1442(2) through (4), he may suspend the county detective 21 from duty, without pay, and shall within five days issue to the 22 said county detective a letter setting forth his causes for 23 complaint, specifying in as much detail as possible the basis 24 for same. He shall fix a date for a hearing before the salary 25 board of the county not more than two weeks from the date of 26 receipt by the county detective of the letter of complaint, but 27 shall grant a continuance at the request of the said county 28 detective not to exceed fifteen calendar days beyond the day 29 originally set for the said salary board hearing. 30 (c) If any of the charges under section 1442(2) through (4) 19790H1247B1406 - 2 -
1 are upheld, the district attorney shall issue a letter advising 2 the said county detective of his dismissal. In the event the 3 district attorney fails to uphold the charges, then the county 4 detective sought to be suspended or removed shall be reinstated 5 with full pay for the period during which he was suspended, and 6 no charges shall be officially recorded against his record. No 7 order of suspension made by the district attorney shall be for a 8 longer period than one year. 9 (d) A written record of all testimony taken at such salary 10 board hearings shall be filed with and preserved by the chairman 11 of the county commissioners, which record shall be sealed and 12 not available for public inspection in the event the charges are 13 dismissed. 14 Section 1444. Appeal.--The suspended or dismissed county 15 detective shall have the right to appeal to the court of common 16 pleas of the county in which he is employed, and other appeal 17 rights as established by law. 18 Section 1445. Removal from Supervisory Position.--Section 19 1442 shall not prevent the district attorney from removing the 20 Chief County Detective, or the supervisor of the county 21 detectives by whatever name or title he is known, from a 22 supervisory position, and appointing a Chief County Detective of 23 his own selection, consistent with section 1440. 24 Section 2. This act shall take effect immediately. E8L16CVV/19790H1247B1406 - 3 -