AN ACT

 

1Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2"An act concerning townships of the first class; amending,
3revising, consolidating, and changing the law relating
4thereto," further providing <-for removals and for appointment,
5compensation and training of police officers.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Section 1401 of the act of June 24, 1931
9(P.L.1206, No.331), known as The First Class Township Code,
10reenacted and amended May 27, 1949 (P.L.1955, No.569), is
11amended to read:

<-12Section 1. Section 644 of the act of June 24, 1931 
13(P.L.1206, No.331), known as The First Class Township Code, 
14reenacted and amended May 27, 1949 (P.L.1955, No.569) and 
15amended July 7, 1983 (P.L.38, No.20) and May 9, 1984 (P.L.251,
16No.55), is amended to read:

17Section 644. Removals.--(a) No person employed in any
18police or fire force of any township shall be suspended, removed

1or reduced in rank except for the following reasons: (1)
2physical or mental disability affecting his ability to continue
3in service, in which cases the person shall receive an honorable
4discharge from service; (2) neglect or violation of any official
5duty; (3) violation of any law of this Commonwealth which
6provides that such violation constitutes a misdemeanor or
7felony; (4) inefficiency, neglect, intemperance, disobedience of
8orders, or conduct unbecoming an officer; (5) intoxication while
9on duty; (6) engaging or participating in conducting of any
10political or election campaign otherwise than to exercise his
11own right of suffrage[.], except that this clause shall only 
12apply to a police officer while on duty or in uniform or while 
13using any township property. A police officer may also be 
14suspended, removed or reduced in rank for engaging or 
15participating in conducting of any political or election 
16campaign for an incompatible office pursuant to section 1401. A
17person so employed shall not be removed for religious, racial or
18political reasons. A written statement of any charges made
19against any person so employed shall be furnished to such person
20within five days after the same are filed with the commission.

21(b) If for reasons of economy or other reasons it shall be
22deemed necessary by any township to reduce the number of paid
23employes of the police or fire force, then such township shall
24[apply the following procedure: (a) if there are any employes
25eligible for retirement under the terms of any retirement or
26pension law, then such reduction in numbers shall be made by
27retirement if the party to be retired exceeds the maximum age as
28defined in the act of October 27, 1955 (P.L.744, No.222), known
29as the "Pennsylvania Human Relations Act"; (b) if the number of
30paid employes in the police or fire forces eligible to

1retirement is insufficient to effect the necessary reduction in
2numbers or if there are no persons eligible for retirement or if
3no retirement or pension fund exists, then the reduction shall
4be effected by furloughing] furlough the person or persons,
5including probationers, last appointed to the respective force.
6Such removal shall be accomplished by furloughing in numerical
7order commencing with the person last appointed until such
8reduction shall have been accomplished. In the event the said
9police force shall again be increased, the employes furloughed
10shall be reinstated in the order of their seniority in the
11service. The provisions of this paragraph as to reductions in
12force shall not apply to any chief of police.

13Section 2. Section 1401 of the act is amended to read:

14Section 1401. Appointment, Compensation and Training of
15Policemen.--The board of township commissioners shall, subject
16to the civil service provisions of this act, appoint and fix the
17number, rank and compensation of the members of the township
18police force. No policeman shall at the same time hold any
19public office other than constable [and], health officer and<- 
<-20school board member.[.] or school board member. A policeman, 
21whether contracted or otherwise employed by a school district, 
22who holds the public office of school director shall not be 
23permitted to serve as a school police officer, as provided for 
24in section 778 of the act of March 10, 1949 (P.L.30, No.14), 
25known as the Public School Code of 1949, within the school 
26district for which the policeman is elected to serve as school 
27director. The board of commissioners shall prescribe all
28necessary rules and regulations for the organization of the
29police force. The board may assign the chief of police or any
30other member of the force to undergo a course of training at any

1training school for policemen, established and made available by
2the State or Federal Government, and may provide for the payment
3by the township of his expenses while in attendance in such
4training school.

5Section <-2 3. This act shall take effect immediately.