PRINTER'S NO. 3401
No. 2485 Session of 2000
INTRODUCED BY VAN HORNE, APRIL 19, 2000
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 19, 2000
AN ACT
1 Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An
2 act providing for and regulating the appointment, promotion
3 and reduction in rank, suspension and removal of paid members
4 of the police force in boroughs, incorporated towns and
5 townships of the first class maintaining a police force of
6 not less than three members; creating a civil service
7 commission in each borough, incorporated town and township of
8 the first class; defining the duties of such civil service
9 commission; imposing certain duties and expense on boroughs,
10 incorporated towns and townships of the first class; imposing
11 penalties, and repealing inconsistent laws," further
12 providing for removals, suspensions or reductions in rank of
13 police officers.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 20 of the act of June 5, 1941 (P.L.84,
17 No.45), entitled "An act providing for and regulating the
18 appointment, promotion and reduction in rank, suspension and
19 removal of paid members of the police force in boroughs,
20 incorporated towns and townships of the first class maintaining
21 a police force of not less than three members; creating a civil
22 service commission in each borough, incorporated town and
23 township of the first class; defining the duties of such civil
1 service commission; imposing certain duties and expense on
2 boroughs, incorporated towns and townships of the first class;
3 imposing penalties, and repealing inconsistent laws," amended
4 May 9, 1984 (P.L.256, No.58), is amended to read:
5 Section 20. Removals.--No person employed in any police
6 department of any political subdivision shall be suspended,
7 removed or reduced in rank, except for the following reasons:
8 (1) physical or mental disability affecting his ability to
9 continue in service, in which cases the person shall receive an
10 honorable discharge from service; (2) neglect or violation of
11 any official duty; (3) violation of any law of this Commonwealth
12 which provides that such violation constitutes a misdemeanor or
13 felony; (4) inefficiency, neglect, intemperance, disobedience of
14 orders or conduct unbecoming an officer; (5) intoxication while
15 on duty; [(6) engaging or participating in the conducting of any
16 political or election campaign otherwise than to exercise his
17 own right of suffrage.] A person so employed shall not be
18 removed for religious, racial or political reasons. A written
19 statement of any charges made against any person so employed
20 shall be furnished to such person within five days after the
21 same are filed.
22 If for reasons of economy or other reasons it shall be deemed
23 necessary by any municipality to reduce the number of paid
24 employes of the police department, then such political
25 subdivision shall apply the following procedure: (a) if there
26 are any employes eligible for retirement under the terms of any
27 retirement or pension law, then such reduction in numbers shall
28 be made by retirement if the party to be retired exceeds the
29 maximum age as defined in the act of October 27, 1955 (P.L.744,
30 No.222), known as the "Pennsylvania Human Relations Act"; (b) if
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1 the number of paid employes in the police force eligible to
2 retirement is insufficient to effect the necessary reduction in
3 numbers, or if there are no persons eligible for retirement, or
4 if no retirements or pension fund exist, then the reduction
5 shall be effected by furloughing the man or men, including
6 probationers last appointed to said police force. Such removal
7 shall be accomplished by furloughing in numerical order,
8 commencing with the man last appointed until such reduction
9 shall have been accomplished. In the event the said police force
10 shall again be increased the employes furloughed shall be
11 reinstated in the order of their seniority in the service.
12 Section 2. This act shall take effect in 60 days.
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