See other bills
under the
same topic
                                                      PRINTER'S NO. 2700

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1935 Session of 2007


        INTRODUCED BY CASORIO, BRENNAN, KOTIK, KULA, McILHATTAN,
           SIPTROTH, SOLOBAY AND YOUNGBLOOD, OCTOBER 23, 2007

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 23, 2007

                                     AN ACT

     1  Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An
     2     act providing for and regulating the appointment, promotion
     3     and reduction in rank, suspension and removal of paid members
     4     of the police force in boroughs, incorporated towns and
     5     townships of the first class maintaining a police force of
     6     not less than three members; creating a civil service
     7     commission in each borough, incorporated town and township of
     8     the first class; defining the duties of such civil service
     9     commission; imposing certain duties and expense on boroughs,
    10     incorporated towns and townships of the first class; imposing
    11     penalties, and repealing inconsistent laws," further
    12     providing for removals, suspensions or reductions in rank of
    13     police officers.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 20 of the act of June 5, 1941 (P.L.84,
    17  No.45), entitled "An act providing for and regulating the
    18  appointment, promotion and reduction in rank, suspension and
    19  removal of paid members of the police force in boroughs,
    20  incorporated towns and townships of the first class maintaining
    21  a police force of not less than three members; creating a civil
    22  service commission in each borough, incorporated town and
    23  township of the first class; defining the duties of such civil

     1  service commission; imposing certain duties and expense on
     2  boroughs, incorporated towns and townships of the first class;
     3  imposing penalties, and repealing inconsistent laws," amended
     4  May 9, 1984 (P.L.256, No.58), is amended to read:
     5     Section 20.  Removals.--No person employed in any police
     6  department of any political subdivision shall be suspended,
     7  removed or reduced in rank, except for the following reasons:
     8  (1) physical or mental disability affecting his ability to
     9  continue in service, in which cases the person shall receive an
    10  honorable discharge from service; (2) neglect or violation of
    11  any official duty; (3) violation of any law of this Commonwealth
    12  which provides that such violation constitutes a misdemeanor or
    13  felony; (4) inefficiency, neglect, intemperance, disobedience of
    14  orders or conduct unbecoming an officer; (5) intoxication while
    15  on duty; (6) engaging or participating in the conducting of any
    16  political or election campaign while on duty or in uniform
    17  otherwise than to exercise his own right of suffrage. A person
    18  so employed shall not be removed for religious, racial or
    19  political reasons. A written statement of any charges made
    20  against any person so employed shall be furnished to such person
    21  within five days after the same are filed.
    22     If for reasons of economy or other reasons it shall be deemed
    23  necessary by any municipality to reduce the number of paid
    24  employes of the police department, then such political
    25  subdivision shall apply the following procedure: (a) if there
    26  are any employes eligible for retirement under the terms of any
    27  retirement or pension law, then such reduction in numbers shall
    28  be made by retirement if the party to be retired exceeds the
    29  maximum age as defined in the act of October 27, 1955 (P.L.744,
    30  No.222), known as the "Pennsylvania Human Relations Act"; (b) if
    20070H1935B2700                  - 2 -     

     1  the number of paid employes in the police force eligible to
     2  retirement is insufficient to effect the necessary reduction in
     3  numbers, or if there are no persons eligible for retirement, or
     4  if no retirements or pension fund exist, then the reduction
     5  shall be effected by furloughing the man or men, including
     6  probationers last appointed to said police force. Such removal
     7  shall be accomplished by furloughing in numerical order,
     8  commencing with the man last appointed until such reduction
     9  shall have been accomplished. In the event the said police force
    10  shall again be increased the employes furloughed shall be
    11  reinstated in the order of their seniority in the service.
    12     Section 2.  This act shall take effect in 60 days.












    G25L08DMS/20070H1935B2700        - 3 -