Bill Text: PA HB1288 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for removals from the police or fire force; and providing for certain incompatible offices.

Spectrum: Moderate Partisan Bill (Democrat 27-5)

Status: (Engrossed - Dead) 2010-06-30 - Re-referred to APPROPRIATIONS [HB1288 Detail]

Download: Pennsylvania-2009-HB1288-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 1526, 1685, 1779 PRINTER'S NO. 3913
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1288 Session of2009
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, SAINATO AND PASHINSKI, APRIL 20, 2009
SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, JUNE 15, 2010
AN ACT
Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
entitled "An act concerning boroughs, and revising, amending
and consolidating the law relating to boroughs," further
providing for removals from the 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 1190 of the act of February 1, 1966 (1965
P.L.1656, No.581), known as The Borough Code, amended May 31,
1984 (P.L.362, No.72), is amended to read:
Section 1190. Removals.--No person employed in any police or
fire force of any borough 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 which provided that such violation
constitutes a misdemeanor or felony.
(4) Inefficiency, neglect, intemperance, immorality,
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 while using <--
borough property, otherwise than to exercise his own right of
suffrage.
(7) Engaging or participating in the conduct of a political <--
or election campaign for an incompatible office as provided in
section 1190.1.
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.
If for reasons of economy or other reasons it shall be deemed
necessary by any borough to reduce the number of paid employes
of the police or fire force, then such borough shall apply the
following procedure: (i) if there are any employes eligible for
retirement under the terms of any retirement or pension law, 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," then such reduction in
numbers shall be made by retirement of such employes, starting
with the oldest employe and following in order of age
respectively, (ii) if the number of paid employes in the police
force or fire force eligible to retirement is insufficient to
effect the necessary reduction in numbers, or if there are no
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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 or fire 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 are not applicable to a
chief of police.
Section 2. The act is amended by adding a section to read:
Section 1190.1. Incompatible Offices.--(a) A police officer
or firefighter may not hold an elective office or appointed <--
position of the municipality that employs the police officer or
firefighter.
(b) 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 or appointed position of <--
any municipality that participates in the regional department,
council of government or other cooperative venture.
(c) For purposes of this section, the appointed position <--
shall not include the position of chief of police.
Section 3. This act shall take effect immediately.
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