PRINTER'S NO. 2702
No. 1937 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 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 removals, suspensions or
5 reductions in rank of police officers.
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 July 7, 1983 (P.L.38, No.20) and May 9, 1984 (P.L.251,
12 No.55), is amended to read:
13 Section 644. Removals.--No person employed in any police or
14 fire force of any township shall be suspended, removed or
15 reduced in rank except for the following reasons: (1) physical
16 or mental disability affecting his ability to continue in
17 service, in which cases the person shall receive an honorable
18 discharge from service; (2) neglect or violation of any official
19 duty; (3) violation of any law of this Commonwealth which
1 provides that such violation constitutes a misdemeanor or
2 felony; (4) inefficiency, neglect, intemperance, disobedience of
3 orders, or conduct unbecoming an officer; (5) intoxication while
4 on duty; (6) engaging or participating in conducting of any
5 political or election campaign while on duty or in uniform
6 otherwise than to exercise his own right of suffrage. A person
7 so employed shall not be removed for religious, racial or
8 political reasons. A written statement of any charges made
9 against any person so employed shall be furnished to such person
10 within five days after the same are filed with the commission.
11 If for reasons of economy or other reasons it shall be deemed
12 necessary by any township to reduce the number of paid employes
13 of the police or fire force, then such township shall apply the
14 following procedure: (a) if there are any employes eligible for
15 retirement under the terms of any retirement or pension law,
16 then such reduction in numbers shall be made by retirement if
17 the party to be retired exceeds the maximum age as defined in
18 the act of October 27, 1955 (P.L.744, No.222), known as the
19 "Pennsylvania Human Relations Act"; (b) if the number of paid
20 employes in the police or fire forces eligible to retirement is
21 insufficient to effect the necessary reduction in numbers or if
22 there are no persons eligible for retirement or if no retirement
23 or pension fund exists, then the reduction shall be effected by
24 furloughing the person or persons, including probationers, last
25 appointed to the respective force. Such removal shall be
26 accomplished by furloughing in numerical order commencing with
27 the person last appointed until such reduction shall have been
28 accomplished. In the event the said police force shall again be
29 increased, the employes furloughed shall be reinstated in the
30 order of their seniority in the service. The provisions of this
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1 paragraph as to reductions in force shall not apply to any chief
2 of police.
3 Section 2. This act shall take effect in 60 days.
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