PRINTER'S NO. 213
No. 190 Session of 1983
INTRODUCED BY FRYER, A. C. FOSTER, JR., LEVI AND SIRIANNI,
FEBRUARY 9, 1983
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 9, 1983
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for reductions in police or fire
5 forces.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 644 of the act of June 24, 1931
9 (P.L.1206, No.331), known as The First Class Township Code,
10 reenacted and amended May 27, 1949 (P.L.1955, No.569) and
11 amended October 4, 1978 (P.L.946, No.186), is amended to read:
12 Section 644. Removals.--No person employed in any police or
13 fire force of any township shall be suspended, removed or
14 reduced in rank except for the following reasons: (1) physical
15 or mental disability affecting his ability to continue in
16 service, in which cases the person shall receive an honorable
17 discharge from service; (2) neglect or violation of any official
18 duty; (3) violation of any law of this Commonwealth which
19 provides that such violation constitutes a misdemeanor or
1 felony; (4) inefficiency, neglect, intemperance, disobedience of
2 orders, or conduct unbecoming an officer; (5) intoxication while
3 on duty; (6) engaging or participating in conducting of any
4 political or election campaign otherwise than to exercise his
5 own right of suffrage. A person so employed shall not be removed
6 for religious, racial or political reasons. A written statement
7 of any charges made against any person so employed shall be
8 furnished to such person within five days after the same are
9 filed with the commission.
10 If for reasons of economy or other reasons it shall be deemed
11 necessary by any township to reduce the number of paid employes
12 of the police or fire force, then such township shall apply the
13 following procedure: (a) if there are any employes eligible for
14 retirement under the terms of any retirement or pension law,
15 then such reduction in numbers shall be made by retirement if
16 the party to be retired is eligible for retirement; (b) if the
17 number of paid employes in the police or fire forces eligible to
18 retirement is insufficient to effect the necessary reduction in
19 numbers or if there are no persons eligible for retirement or if
20 no retirement or pension fund exists, then the reduction shall
21 be effected by furloughing the person or persons, including
22 probationers, last appointed to the respective force. Such
23 removal shall be accomplished by furloughing in numerical order
24 commencing with the person last appointed until such reduction
25 shall have been accomplished. In the event the said police force
26 shall again be increased, the employes furloughed shall be
27 reinstated in the order of their seniority in the service. The
28 provisions of this paragraph as to reductions in force shall not
29 apply to any chief of police.
30 Section 2. This act shall take effect in 60 days.
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