PRINTER'S NO. 1546
No. 1317 Session of 2001
INTRODUCED BY CASORIO, DALEY, TIGUE, PETRARCA, STABACK, WOJNAROSKI, CALTAGIRONE, CAPPELLI, COLEMAN, DALLY, HARHAI, KELLER, LAUGHLIN, McILHATTAN, ROONEY AND SOLOBAY, APRIL 9, 2001
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 9, 2001
AN ACT 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. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 1190 of the act of February 1, 1966 (1965 8 P.L.1656, No.581), known as The Borough Code, amended May 31, 9 1984 (P.L.362, No.72), is amended to read: 10 Section 1190. Removals.--No person employed in any police or 11 fire force of any borough shall be suspended, removed or reduced 12 in rank except for the following reasons: 13 (1) Physical or mental disability affecting his ability to 14 continue in service, in which cases the person shall receive an 15 honorable discharge from service. 16 (2) Neglect or violation of any official duty. 17 (3) Violation of any law which provided that such violation 18 constitutes a misdemeanor or felony.
1 (4) Inefficiency, neglect, intemperance, immorality, 2 disobedience of orders, or conduct unbecoming an officer. 3 (5) Intoxication while on duty. 4 [(6) Engaging or participating in conducting of any 5 political or election campaign otherwise than to exercise his 6 own right of suffrage.] 7 A person so employed shall not be removed for religious, 8 racial or political reasons. A written statement of any charges 9 made against any person so employed shall be furnished to such 10 person within five days after the same are filed. 11 If for reasons of economy or other reasons it shall be deemed 12 necessary by any borough to reduce the number of paid employes 13 of the police or fire force, then such borough shall apply the 14 following procedure: (i) if there are any employes eligible for 15 retirement under the terms of any retirement or pension law, if 16 the party to be retired exceeds the maximum age as defined in 17 the act of October 27, 1955 (P.L.744, No.222), known as the 18 "Pennsylvania Human Relations Act," then such reduction in 19 numbers shall be made by retirement of such employes, starting 20 with the oldest employe and following in order of age 21 respectively, (ii) if the number of paid employes in the police 22 force or fire force eligible to retirement is insufficient to 23 effect the necessary reduction in numbers, or if there are no 24 persons eligible for retirement, or if no retirement or pension 25 fund exists, then the reduction shall be effected by furloughing 26 the person or persons, including probationers, last appointed to 27 the respective force. Such removal shall be accomplished by 28 furloughing in numerical order commencing with the person last 29 appointed until such reduction shall have been accomplished. In 30 the event the said police force or fire force shall again be 20010H1317B1546 - 2 -
1 increased the employes furloughed shall be reinstated in the 2 order of their seniority in the service. The provisions of this 3 paragraph as to reductions in force are not applicable to a 4 chief of police. 5 Section 2. This act shall take effect immediately. C15L08JLW/20010H1317B1546 - 3 -