PRINTER'S NO. 1548
No. 1319 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 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
1 duty; (3) violation of any law of this Commonwealth which
2 provides that such violation constitutes a misdemeanor or
3 felony; (4) inefficiency, neglect, intemperance, disobedience of
4 orders, or conduct unbecoming an officer; (5) intoxication while
5 on duty[; (6) engaging or participating in conducting of any
6 political or election campaign otherwise than to exercise his
7 own right of suffrage]. A person so employed shall not be
8 removed for religious, racial or political reasons. A written
9 statement of any charges made against any person so employed
10 shall be furnished to such person within five days after the
11 same are filed with the commission.
12 If for reasons of economy or other reasons it shall be deemed
13 necessary by any township to reduce the number of paid employes
14 of the police or fire force, then such township shall apply the
15 following procedure: (a) if there are any employes eligible for
16 retirement under the terms of any retirement or pension law,
17 then such reduction in numbers shall be made by retirement if
18 the party to be retired exceeds the maximum age as defined in
19 the act of October 27, 1955 (P.L.744, No.222), known as the
20 "Pennsylvania Human Relations Act"; (b) if the number of paid
21 employes in the police or fire forces eligible to retirement is
22 insufficient to effect the necessary reduction in numbers or if
23 there are no persons eligible for retirement or if no retirement
24 or pension fund exists, then the reduction shall be effected by
25 furloughing the person or persons, including probationers, last
26 appointed to the respective force. Such removal shall be
27 accomplished by furloughing in numerical order commencing with
28 the person last appointed until such reduction shall have been
29 accomplished. In the event the said police force shall again be
30 increased, the employes furloughed shall be reinstated in the
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1 order of their seniority in the service. The provisions of this
2 paragraph as to reductions in force shall not apply to any chief
3 of police.
4 Section 2. This act shall take effect in 60 days.
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