Bill Text: PA HB1287 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: An Act amending the act of June 5, 1941 (P.L.84, No.45), entitled "An act providing for and regulating the appointment, promotion and reduction in rank, suspension and removal of paid members of the police force in boroughs, incorporated towns and townships of the first class maintaining a police force of not less than three members; creating a civil service commission in each borough, incorporated town and township of the first class; defining the duties of such civil service commission; imposing certain duties and expense on boroughs, incorporated towns and townships of the first class; imposing penalties, and repealing inconsistent laws," further providing for removals, suspensions or reductions in rank of police officers; and providing for certain incompatible offices.

Spectrum: Moderate Partisan Bill (Democrat 26-5)

Status: (Engrossed - Dead) 2010-06-30 - Re-referred to APPROPRIATIONS [HB1287 Detail]

Download: Pennsylvania-2009-HB1287-Amended.html

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PRIOR PRINTER'S NO. 1525 PRINTER'S NO. 1684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1287 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 AND D. COSTA, APRIL 20, 2009
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 28, 2009
AN ACT
Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An
act providing for and regulating the appointment, promotion
and reduction in rank, suspension and removal of paid members
of the police force in boroughs, incorporated towns and
townships of the first class maintaining a police force of
not less than three members; creating a civil service
commission in each borough, incorporated town and township of
the first class; defining the duties of such civil service
commission; imposing certain duties and expense on boroughs,
incorporated towns and townships of the first class; imposing
penalties, and repealing inconsistent laws," further
providing for removals, suspensions or reductions in rank of
police officers; and providing for certain incompatible <--
offices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 20 of the act of June 5, 1941 (P.L.84,
No.45), entitled "An act providing for and regulating the
appointment, promotion and reduction in rank, suspension and
removal of paid members of the police force in boroughs,
incorporated towns and townships of the first class maintaining
a police force of not less than three members; creating a civil
service commission in each borough, incorporated town and
township of the first class; defining the duties of such civil
service commission; imposing certain duties and expense on
boroughs, incorporated towns and townships of the first class;
imposing penalties, and repealing inconsistent laws," amended
May 9, 1984 (P.L.256, No.58), is amended to read:
Section 20. Removals.--No person employed in any police
department of any political subdivision 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 of this Commonwealth
which provides that such violation constitutes a misdemeanor or
felony; (4) inefficiency, neglect, intemperance, disobedience of
orders or conduct unbecoming an officer; (5) intoxication while
on duty; (6) engaging or participating in the conducting of any
political or election campaign while on duty or in uniform
otherwise than to exercise his own right of suffrage. 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 municipality to reduce the number of paid
employes of the police department, then such political
subdivision shall apply the following procedure: (a) if there
are any employes eligible for retirement under the terms of any
retirement or pension law, then such reduction in numbers shall
be made by retirement if the party to be retired exceeds the
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maximum age as defined in the act of October 27, 1955 (P.L.744,
No.222), known as the "Pennsylvania Human Relations Act"; (b) if
the number of paid employes in the police force eligible to
retirement is insufficient to effect the necessary reduction in
numbers, or if there are no persons eligible for retirement, or
if no retirements or pension fund exist, then the reduction
shall be effected by furloughing the man or men, including
probationers last appointed to said police force. Such removal
shall be accomplished by furloughing in numerical order,
commencing with the man last appointed until such reduction
shall have been accomplished. In the event the said police force
shall again be increased the employes furloughed shall be
reinstated in the order of their seniority in the service.
Section 2. The act is amended by adding a section to read: <--
Section 20.1. Incompatible Offices.--(a) A police officer
may not hold an elective office of the municipality that employs
the police officer.
(b) A police officer who is employed by a regional
department, council of government or other cooperative venture
may not hold an elective office of any municipality that
participates in the regional department, council of government
or other cooperative venture.
Section 2 3. This act shall take effect in 60 days. <--
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