| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1527, 1686, 1781, 1833 | PRINTER'S NO. 3914 |
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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 AND SAINATO, 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 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 persons employed in police or fire |
6 | force; and providing for certain incompatible offices. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 644 of the act of June 24, 1931 |
10 | (P.L.1206, No.331), known as The First Class Township Code, |
11 | reenacted and amended May 27, 1949 (P.L.1955, No.569), amended |
12 | July 7, 1983 (P.L.38, No.20) and May 9, 1984 (P.L.251, No.55), |
13 | is amended to read: |
14 | Section 644. Removals.--No person employed in any police or |
15 | fire force of any township shall be suspended, removed or |
16 | reduced in rank except for the following reasons: (1) physical |
17 | or mental disability affecting his ability to continue in |
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1 | service, in which cases the person shall receive an honorable |
2 | discharge from service; (2) neglect or violation of any official |
3 | duty; (3) violation of any law of this Commonwealth which |
4 | provides that such violation constitutes a misdemeanor or |
5 | felony; (4) inefficiency, neglect, intemperance, disobedience of |
6 | orders, or conduct unbecoming an officer; (5) intoxication while |
7 | on duty; (6) engaging or participating in conducting of any |
8 | political or election campaign, while on duty or in uniform or | <-- |
9 | while using township property, otherwise than to exercise his |
10 | own right of suffrage; (7) engaging or participating in | <-- |
11 | conducting of any political or election campaign for an |
12 | incompatible office as provided in section 644.1. A person so |
13 | employed shall not be removed for religious, racial or political |
14 | reasons. A written statement of any charges made against any |
15 | person so employed shall be furnished to such person within five |
16 | days after the same are filed with the commission. |
17 | If for reasons of economy or other reasons it shall be deemed |
18 | necessary by any township to reduce the number of paid employes |
19 | of the police or fire force, then such township shall apply the |
20 | following procedure: (a) if there are any employes eligible for |
21 | retirement under the terms of any retirement or pension law, |
22 | then such reduction in numbers shall be made by retirement 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"; (b) if the number of paid |
26 | employes in the police or fire forces eligible to retirement is |
27 | insufficient to effect the necessary reduction in numbers or if |
28 | there are no persons eligible for retirement or if no retirement |
29 | or pension fund exists, then the reduction shall be effected by |
30 | furloughing the person or persons, including probationers, last |
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1 | appointed to the respective force. Such removal shall be |
2 | accomplished by furloughing in numerical order commencing with |
3 | the person last appointed until such reduction shall have been |
4 | accomplished. In the event the said police force shall again be |
5 | increased, the employes furloughed shall be reinstated in the |
6 | order of their seniority in the service. The provisions of this |
7 | paragraph as to reductions in force shall not apply to any chief |
8 | of police. |
9 | Section 2. The act is amended by adding a section to read: |
10 | Section 644.1. Incompatible Offices.-- |
11 | (1) A police officer or firefighter may not hold an elective |
12 | office of the municipality that employs the police officer or |
13 | firefighter. |
14 | (2) A police officer or firefighter who is employed by a |
15 | regional department, council of government or other cooperative |
16 | venture may not hold an elective office of any municipality that |
17 | participates in the regional department, council of government |
18 | or other cooperative venture. |
19 | Section 3. This act shall take effect in 60 days. |
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