Borough Council shall have the power to determine in each instance whether a decrease in salary shall constitute a reduction in rank. Unless otherwise determined by Borough Council, no decrease in salary without reduction in rank shall constitute a removal, suspension or reduction in rank, and any change to a position or rank carrying a decrease in salary shall constitute a reduction in rank. All suspensions, removals and reductions in rank shall be made only in accordance with this article.
Persons employed in the Police Department of the Borough shall not be suspended, removed or reduced in rank for religious, racial or political reasons. No order of suspension shall be for a longer period than one year.
No person employed in the Police Department of the Borough shall be suspended, removed or reduced in rank or otherwise disciplined except for the following reasons:
A. 
Physical or mental disability affecting his ability to continue in service, evidenced by the certificate to that effect of a medical doctor designated by the Commission, in which case the person shall receive an honorable discharge from service. All police officers, as requested, will be expected to pass any physical, psychological, agility tests or other examinations as deemed appropriate by Borough Council as a condition of continued employment.
B. 
Neglect or violation of any official duty.
C. 
Violation of any law which provided that such violation constituted a misdemeanor or felony.
D. 
Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming an officer.
E. 
Intoxication while on duty.
F. 
Engaging or participating in conduct of any political or election campaign otherwise than to exercise his own right of suffrage.
An offense against discipline may be punished by:
A. 
Removal.
B. 
Being required to resign forthwith or at such a date as may be ordered (as an alternative to removal).
C. 
Reduction in rank.
D. 
Reduction in rate of pay.
E. 
Suspension without pay for a period not in excess of one year.
F. 
Fine.
G. 
Reprimand.
H. 
Caution.
Any charges made against any member of the police force by Borough Council, the Mayor or by the Chief of Police shall be made in writing, and copies thereof shall be furnished to such member and to the Secretary of the Commission within 10 days after the same are filed. The member shall have 15 working days from the receipt of the copy of such charges within which to make written answer to such charges. The answer shall admit or deny the charges and state whether or nor the member demands a hearing by the Commission. The original answer shall be filed with the Secretary of the Commission, and copies shall be furnished to the Chief of Police and to the Borough Solicitor.
A. 
If the person sought to be suspended, removed, reduced in rank or otherwise disciplined shall demand a hearing by the Commission, the Commission shall grant such person a hearing, which shall be held on a date and at a place fixed by the Commission.
B. 
Notice of hearing. Notice of the date, time and place for each hearing shall be given in the following manner:
(1) 
Either by personal service to be certified or registered mail to each of the principals involved in the case; or
(2) 
By mailing a notice to all other parties who have stated an interest in the hearing, provided that any failure to give notice required by this subsection shall not invalidate any subsequent action taken by the Commission.
C. 
Oaths. All testimony shall be given under oath. The Chairperson, or in his absence the Vice Chairperson, shall administer all oaths.
D. 
Subpoenas. The Chairperson, or in his absence the Vice Chairperson, may compel the attendance of witnesses and the production of records and papers pertaining to any hearing. However, upon the written request by the accused or by the person making charges, the Chairperson, or in his/her absence the Vice Chairperson, additionally shall order the attendance of pertinent witnesses or the production of relevant documents, provided that such a written request is filed with the Secretary within 10 days from the date appearing on the notice of hearing.
E. 
Hearing procedure.
(1) 
Each hearing shall be conducted in the following manner:
(a) 
The Chairperson shall state the general purpose of the hearing.
(b) 
The Secretary, upon the direction of the Chairperson, shall read the written charges against the accused, together with the record of action taken against such officer.
(c) 
The Secretary shall read any written reply of the accused.
(d) 
The Chairperson shall afford each person making charges, or his/her counsel, an opportunity to make further statements in support of the charges and to produce any witnesses.
(e) 
The Chairperson shall afford the accused, or his/her counsel, an opportunity to question or cross-examine the person making charges and to question or cross-examine any witness produced by such person.
(f) 
The Chairperson shall afford each person making charges, or his/her counsel, an opportunity to examine the person accused.
(g) 
The Chairperson shall permit each person making charges, or his her counsel, to make a summation.
(h) 
The Chairperson shall afford the accused, or his/her counsel, an opportunity to produce any witnesses and to sum up the defense.
(i) 
The Chairperson shall afford any person making charges, or his/her counsel, an opportunity to question or cross-examine the witnesses produced by the person accused.
(j) 
The Chairperson shall be the judge of admissable evidence and procedure and shall not be bound by technical rules of evidence.
(k) 
A stenographic transcript of the proceedings shall be made and filed in the Commission's archives along with all other records pertinent to the case. Such records shall be sealed and not open to public inspection.
(2) 
The Commission, at any time during the course of a hearing, may question or cross-examine the person making charges, the accused or any witness.
F. 
Such hearing may be continued by the Commission for cause and may be adjourned or continued by it. At any such hearing, both the Borough Council and the person against whom the charges are made shall at all times have the right to be present in person and by counsel.
G. 
Borough Council, or the Chief of Police when Borough Council is not in session, may suspend such person without pay pending the determination of the charges against him; but in the event that the Commission fails to uphold the charges, then the person sought to be suspended, removed or demoted shall be reinstated with full pay for the period during which he was suspended, and no charges shall be officially recorded against his record.
H. 
Decision of the Commission. Within 15 working days after the hearing, the Commission shall issue its decision in the form of a written order approved by at least two members of the Commission. The written order shall include all findings of fact. If, during the public hearing, opposing facts are presented, the Commission shall include in its written order a decision as to what it considers to be the correct facts. The findings and decisions of the Commission shall be certified to the person making the charges, to the accused officer and to Borough Council.
I. 
Conflict of interest.
(1) 
Should any Commission member be of relationship to or possess information of any facts of persons and/or cases which prejudice his/her vote, full disclosure of such knowledge shall be made to all other members of the Commission. At that time:
(a) 
The member may elect to refrain from participation in the hearing process; or
(b) 
The other Commission members may vote upon whether or not the biasing value of the knowledge is such to warrant the exclusion of the member's vote.
(2) 
If a conflict of interest does occur, and the member's vote is disqualified, it is imperative that the votes of the two remaining Commission members be in agreement or else the issue being discussed is not upheld. If a conflict of interest has occurred, has not been reported and is then discovered at a later date, the biased vote will be disqualified and the decision will rest upon the votes of the two remaining Commission members.
In the event that the Commission sustains the charges and orders the suspension, removal or reduction in rank, the person suspended, removed or reduced in rank shall have immediate right of appeal to the Court of Common Pleas of Delaware County, such appeal to be taken by petition to said court within 60 days from the date of entry by the Commission of its final order.
If, for reasons of economy or other reasons, it shall be deemed necessary by Borough Council to reduce the number of paid employees of the Police Department, then the Borough Council shall apply the following procedure:
A. 
If there are any employees eligible for retirement within the terms of existing retirement or pension ordinances, rules, regulations, contract provisions or statutes, then such reduction in numbers shall be made by retirement, provided that said retirements do not significantly affect the management of the Police Department.
B. 
If the number of paid employees in the police force eligible for retirement is insufficient to effect the necessary reduction in numbers, or if there are no persons eligible for retirement, or if there are insufficient pension funds available, then the reduction shall be effected by furloughing the officer or officers, including probationers, last appointed to the police force. Such removal shall be accomplished by furloughing, in numerical order, commencing with the officer last appointed to the class where such reduction is to be effected, until such reduction shall have been accomplished. In the event that the police force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in service.