THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, CALTAGIRONE, FABRIZIO, GERGELY, HALUSKA, HESS, HORNAMAN, KULA, LONGIETTI, MANN, MURPHY, M. O'BRIEN, RAVENSTAHL, SWANGER AND YOUNGBLOOD, MARCH 9, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 9, 2011  

AN ACT

Amending the act of February 1, 1966 (1965 P.L.1656, No.581),

entitled "An act concerning boroughs, and revising, amending

and consolidating the law relating to boroughs," further

providing for removals from the police or fire force; and

providing for certain incompatible offices.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1190 of the act of February 1, 1966 (1965

P.L.1656, No.581), known as The Borough Code, amended May 31,

1984 (P.L.362, No.72), is amended to read:

Section 1190.  Removals.--No person employed in any police or

fire force of any borough 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 which provided that such violation

constitutes a misdemeanor or felony.

(4)  Inefficiency, neglect, intemperance, immorality,

disobedience of orders, or conduct unbecoming an officer.

(5)  Intoxication while on duty.

(6)  Engaging or participating in conducting of any political

or election campaign while on duty or in uniform or while using

borough property, otherwise than to exercise his own right of

suffrage.

(7)  Engaging or participating in the conduct of a political

or election campaign for an incompatible office as provided in

section 1190.1.

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 borough to reduce the number of paid employes

of the police or fire force, then such borough shall apply the

following procedure: (i) if there are any employes eligible for

retirement under the terms of any retirement or pension law, 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," then such reduction in

numbers shall be made by retirement of such employes, starting

with the oldest employe and following in order of age

respectively, (ii) if the number of paid employes in the police

force or fire 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 retirement or pension

fund exists, then the reduction shall be effected by furloughing

the person or persons, including probationers, last appointed to

the respective force. Such removal shall be accomplished by

furloughing in numerical order commencing with the person last

appointed until such reduction shall have been accomplished. In

the event the said police force or fire force shall again be

increased the employes furloughed shall be reinstated in the

order of their seniority in the service. The provisions of this

paragraph as to reductions in force are not applicable to a

chief of police.

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

Section 1190.1.  Incompatible Offices.--(a)  A police officer

or firefighter may not hold an elective office of the

municipality that employs the police officer or firefighter.

(b)  A police officer or firefighter 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 immediately.