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, KORTZ AND SAINATO, APRIL 20, 2009

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

AN ACT

Amending the act of June 24, 1931 (P.L.1206, No.331), entitled

"An act concerning townships of the first class; amending,

revising, consolidating, and changing the law relating

thereto," further providing for removals, suspensions or

reductions in rank of persons employed in 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 644 of the act of June 24, 1931

(P.L.1206, No.331), known as The First Class Township Code,

reenacted and amended May 27, 1949 (P.L.1955, No.569), amended

July 7, 1983 (P.L.38, No.20) and May 9, 1984 (P.L.251, No.55),

is amended to read:

Section 644.  Removals.--No person employed in any police or

fire force of any township 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 conducting of any

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

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while using township property, otherwise than to exercise his

own right of suffrage; (7) engaging or participating in

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conducting of any political or election campaign for an

incompatible office as provided in section 644.1. 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 with the commission.

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

necessary by any township to reduce the number of paid employes

of the police or fire force, then such township 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 or fire forces 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 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 shall not apply to any chief

of police.

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

Section 644.1.  Incompatible Offices.--

(1)  A police officer or firefighter may not hold an elective

office of the municipality that employs the police officer or

firefighter.

(2)  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 in 60 days.