SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CASORIO, BRENNAN, BURNS, CALTAGIRONE, DALLY, DEASY, FABRIZIO, GERGELY, GINGRICH, HALUSKA, HARHAI, HARKINS, KOTIK, LONGIETTI, MAHONEY, MANN, MATZIE, MURPHY, PYLE, REED, SEIP, SIPTROTH, SOLOBAY, YOUNGBLOOD, YUDICHAK, GIBBONS, D. COSTA, BARBIN, PALLONE, SAINATO AND PASHINSKI, APRIL 20, 2009

SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, JUNE 15, 2010   

AN ACT

Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An

act providing for and regulating the appointment, promotion

and reduction in rank, suspension and removal of paid members

of the police force in boroughs, incorporated towns and

townships of the first class maintaining a police force of

not less than three members; creating a civil service

commission in each borough, incorporated town and township of

the first class; defining the duties of such civil service

commission; imposing certain duties and expense on boroughs,

incorporated towns and townships of the first class; imposing

penalties, and repealing inconsistent laws," further

providing for removals, suspensions or reductions in rank of

police officers; and providing for certain incompatible

offices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 20 of the act of June 5, 1941 (P.L.84,

No.45), entitled "An act providing for and regulating the

appointment, promotion and reduction in rank, suspension and

removal of paid members of the police force in boroughs,

incorporated towns and townships of the first class maintaining

a police force of not less than three members; creating a civil

service commission in each borough, incorporated town and

township of the first class; defining the duties of such civil

service commission; imposing certain duties and expense on

boroughs, incorporated towns and townships of the first class;

imposing penalties, and repealing inconsistent laws," amended

May 9, 1984 (P.L.256, No.58), is amended to read:

Section 20.  Removals.--No person employed in any police

department of any political subdivision shall be suspended,

removed or reduced in rank, except for the following reasons:

(1) physical or mental disability affecting his ability to

continue in service, in which cases the person shall receive an

honorable discharge from service; (2) neglect or violation of

any official duty; (3) violation of any law of this Commonwealth

which provides that such violation constitutes a misdemeanor or

felony; (4) inefficiency, neglect, intemperance, disobedience of

orders or conduct unbecoming an officer; (5) intoxication while

on duty; (6) engaging or participating in the conducting of any

political or election campaign, while on duty or in uniform or

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while using property of the political subdivision, otherwise

than to exercise his own right of suffrage; (7) engaging or

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participating in the conducting of a political or election

campaign for an incompatible office as provided in section 20.1.

A person so employed shall not be removed for religious, racial

or political reasons. A written statement of any charges made

against any person so employed shall be furnished to such person

within five days after the same are filed.

If for reasons of economy or other reasons it shall be deemed

necessary by any municipality to reduce the number of paid

employes of the police department, then such political

subdivision shall apply the following procedure: (a) if there

are any employes eligible for retirement under the terms of any

retirement or pension law, then such reduction in numbers shall

be made by retirement if the party to be retired exceeds the

maximum age as defined in the act of October 27, 1955 (P.L.744,

No.222), known as the "Pennsylvania Human Relations Act"; (b) if

the number of paid employes in the police force eligible to

retirement is insufficient to effect the necessary reduction in

numbers, or if there are no persons eligible for retirement, or

if no retirements or pension fund exist, then the reduction

shall be effected by furloughing the man or men, including

probationers last appointed to said police force. Such removal

shall be accomplished by furloughing in numerical order,

commencing with the man last appointed until such reduction

shall have been accomplished. In the event the said police force

shall again be increased the employes furloughed shall be

reinstated in the order of their seniority in the service.

Section 2.  The act is amended by adding a section to read:

Section 20.1.  Incompatible Offices.--(a)  A police officer

may not hold an elective office of the municipality that employs

the police officer.

(b)  A police officer who is employed by a regional

department, council of government or other cooperative venture

may not hold an elective office of any municipality that

participates in the regional department, council of government

or other cooperative venture.

Section 3.  This act shall take effect in 60 days.