| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1526, 1685, 1779 | PRINTER'S NO. 3913 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, JUNE 15, 2010 |
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| AN ACT |
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1 | Amending the act of February 1, 1966 (1965 P.L.1656, No.581), |
2 | entitled "An act concerning boroughs, and revising, amending |
3 | and consolidating the law relating to boroughs," further |
4 | providing for removals from the police or fire force; and |
5 | providing for certain incompatible offices. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 1190 of the act of February 1, 1966 (1965 |
9 | P.L.1656, No.581), known as The Borough Code, amended May 31, |
10 | 1984 (P.L.362, No.72), is amended to read: |
11 | Section 1190. Removals.--No person employed in any police or |
12 | fire force of any borough shall be suspended, removed or reduced |
13 | in rank except for the following reasons: |
14 | (1) Physical or mental disability affecting his ability to |
15 | continue in service, in which cases the person shall receive an |
16 | honorable discharge from service. |
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1 | (2) Neglect or violation of any official duty. |
2 | (3) Violation of any law which provided that such violation |
3 | constitutes a misdemeanor or felony. |
4 | (4) Inefficiency, neglect, intemperance, immorality, |
5 | disobedience of orders, or conduct unbecoming an officer. |
6 | (5) Intoxication while on duty. |
7 | (6) Engaging or participating in conducting of any political |
8 | or election campaign while on duty or in uniform or while using | <-- |
9 | borough property, otherwise than to exercise his own right of |
10 | suffrage. |
11 | (7) Engaging or participating in the conduct of a political | <-- |
12 | or election campaign for an incompatible office as provided in |
13 | section 1190.1. |
14 | A person so employed shall not be removed for religious, |
15 | racial or political reasons. A written statement of any charges |
16 | made against any person so employed shall be furnished to such |
17 | person within five days after the same are filed. |
18 | If for reasons of economy or other reasons it shall be deemed |
19 | necessary by any borough to reduce the number of paid employes |
20 | of the police or fire force, then such borough shall apply the |
21 | following procedure: (i) if there are any employes eligible for |
22 | retirement under the terms of any retirement or pension law, if |
23 | the party to be retired exceeds the maximum age as defined in |
24 | the act of October 27, 1955 (P.L.744, No.222), known as the |
25 | "Pennsylvania Human Relations Act," then such reduction in |
26 | numbers shall be made by retirement of such employes, starting |
27 | with the oldest employe and following in order of age |
28 | respectively, (ii) if the number of paid employes in the police |
29 | force or fire force eligible to retirement is insufficient to |
30 | effect the necessary reduction in numbers, or if there are no |
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1 | persons eligible for retirement, or if no retirement or pension |
2 | fund exists, then the reduction shall be effected by furloughing |
3 | the person or persons, including probationers, last appointed to |
4 | the respective force. Such removal shall be accomplished by |
5 | furloughing in numerical order commencing with the person last |
6 | appointed until such reduction shall have been accomplished. In |
7 | the event the said police force or fire force shall again be |
8 | increased the employes furloughed shall be reinstated in the |
9 | order of their seniority in the service. The provisions of this |
10 | paragraph as to reductions in force are not applicable to a |
11 | chief of police. |
12 | Section 2. The act is amended by adding a section to read: |
13 | Section 1190.1. Incompatible Offices.--(a) A police officer |
14 | or firefighter may not hold an elective office or appointed | <-- |
15 | position of the municipality that employs the police officer or |
16 | firefighter. |
17 | (b) A police officer or firefighter who is employed by a |
18 | regional department, council of government or other cooperative |
19 | venture may not hold an elective office or appointed position of | <-- |
20 | any municipality that participates in the regional department, |
21 | council of government or other cooperative venture. |
22 | (c) For purposes of this section, the appointed position | <-- |
23 | shall not include the position of chief of police. |
24 | Section 3. This act shall take effect immediately. |
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