The Council shall have power to determine in each instance whether
a decrease in salary shall constitute a reduction in rank. All suspensions,
removals and reductions in rank shall be made only in accordance with
these rules and regulations.
Persons employed in the Police Department of the Borough through
the civil service process contained in these rules and regulations
shall not be suspended, removed or reduced in rank for any non-merit
factor. No order of suspensions shall be for a longer period than
one year.
No persons employed in the Police Department of the Borough
through the civil service process contained in these rules and regulations
shall be removed from employment, suspended, or reduced in rank except
for the following reasons:
A.
Physical or mental disability affecting the officer's ability
to continue in service, evidenced by the certification to that effect
by a medical doctor and/or psychologist designated by the Commission,
in which cases the persons shall receive an honorable discharge from
service;
B.
Neglect or violation of any official duty;
C.
Violation of any law of the commonwealth which provides that such
violations constitute a misdemeanor or felony;
D.
Inefficiency, neglect, intemperance, disobedience of orders, or conduct
unbecoming an officer;
E.
Intoxication while on duty; or
F.
Engaging or participating in or conducting any political or election
campaign for any reason other than to exercise his or her own right
of suffrage.
A.
No officer shall be suspended, removed or reduced in rank until they
have first been provided with a hearing of the type required in Cleveland
Bd. of Pub. Ed. v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487 (1985).
A hearing must occur before the imposition of discipline except when
it is imperative that Borough Administrators take immediate action,
usually in the form of suspension without pay, to protect the best
interests of the Borough, its citizens, taxpayers, and/or the Department.
Officers may, if they so request, be accompanied by a fellow officer/union
representative during the Loudermill proceeding.
B.
Whenever any police officer is suspended, removed from service or
reduced in rank by Council, the Mayor or the Chief of Police, the
specific charges warranting each action shall be stated in writing.
Any charges shall include a specific statement of the charge made
and shall specify the time, place and occurrence on which the charge
is based. The charges shall be stated clearly and in sufficient detail
to enable the accused to understand the charges made against him or
her and to be able to answer them, and shall include the section of
the law or regulation as well as the factual basis for the violation
of that law or regulation.
C.
Within five days of the receipt of any charges, the Commission shall
deliver to the accused, either by personal service or by certified
or registered mail, a copy of the charges filed against him or her.
A.
The officer who has been suspended, removed or reduced in rank may
appeal the decision of the Borough Council by written notice to the
Secretary of the Commission requesting a hearing. Such written demand
for hearing must be made and delivered not more than 10 days following
the officer's receipt of the notice of discipline. The officer
may make written answers to any charges filed not later than the date
fixed for the hearing. Failure of the officer to provide written answers
to any changes shall not be deemed an admission by the officer.
B.
The Commission shall schedule a hearing within 10 days of the filing
of written charges, unless continued by the Commission for cause at
the request of the Commission, the Borough or the officer. At any
such hearing, the officer against whom the charges have been made
may be present and represented by counsel, may call witnesses and
present testimony and documentation in defense. The Borough may also
be represented by counsel, call witnesses and present evidence and
documentary evidence as is necessary to support the charges. A stenographic
record of all testimony shall be taken at every hearing and preserved
by the Commission. In the event the charges are dismissed, the record
shall be sealed and not made available for public inspection.
C.
In conducting the hearing, the Commission's standard of review
shall be to determine whether sufficient evidence has been presented
to support the statutory reasons given for the disciplinary action.
If the Commission finds that sufficient evidence has been introduced
to support the charge, the Commission shall not modify the penalty
imposed by the Borough unless it finds that the penalty was arbitrary,
discriminatory or an abuse of the Borough's discretion. In considering
the appropriateness of the discipline, the Commission may request
post hearing briefs, and shall issue a written decision containing
specific findings of fact and conclusions of law. The Commission is
the finder of facts, including, but not limited to, findings regarding
credibility.
Notice of the date, time and place for each hearing shall be
given in the following manner:
A.
Either by personal service or by certified or registered mail to
each of the principals involved in the case, and
B.
By mailing a notice to all other parties who have stated an interest
in the hearing; provided, however, that any failure to give the notice
required by this subsection shall not invalidate any subsequent action
taken by the Commission.
A.
Each hearing shall be conducted in the following manner:
(1)
The Chairperson shall call the hearing to order, state the general
purpose of the hearing, and make note of the parties present;
(2)
The Secretary, upon direction of the Chairperson, shall read
the charges against the accused together with the record of action
taken against such officer;
(3)
The Secretary shall read any written reply of the accused;
(4)
The Chairperson shall afford each person making charges, or
his or her counsel, an opportunity to make further statement in support
of the charges and to produce any witness;
(5)
The Chairperson shall afford the accused, or his or 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;
(6)
The Chairperson shall afford each person making charges or his
or her counsel an opportunity to cross-examine or question any witness
produced by the accused, and an additional opportunity to produce
any witness and to make a summation;
(7)
The Chairperson shall afford the accused, or his or her counsel,
an opportunity to produce any witness and to sum up the defense;
(8)
The Commission shall be the judge of admissible evidence and
procedure, and shall not be bound by technical rules of evidence;
and
(9)
A stenographic record of all testimony taken at such hearings
shall be filed with and preserved by the Commission, which record
shall be sealed and not be available for public inspection in the
event the charges are dismissed;
(10)
The Commission shall have the power to issue subpoenas.
B.
The Commission, at any time during the course of the hearing, may
question the person making charges, the accused, or any witness for
the purpose of obtaining clarification of the testimony. The Commission
may appoint and utilize as a hearing officer an attorney experienced
in local agency law/civil service proceedings to advise it, make evidentiary
rulings, respond to objections, etc.
All testimony shall be given under oath. The Chairperson, or
in her or her absence the Vice Chairperson, shall administer all oaths.
Within 30 calendar days after receipt of the completed transcript(s)
of the hearing, the Commission shall issue its decision in the form
of a written order approved by at least two members of the Commission.
That written adjudication, to become official, must be adopted by
majority vote of the Commission in a public meeting, appropriately
advertised pursuant to the Sunshine Law. The written order shall be
in the form: findings of fact, conclusions or law, discussion, order.
The only aspect of the adjudication which shall be publicly read,
and provided to the public, unless the affected/accused employee has
requested an open hearing, shall be the "order" section. If resolving
the charges involves the making of credibility determinations, the
adjudication shall specify the resolution of those credibility determinations.
Necessary findings of fact should be supported by substantial evidence
of record. Absent evidence of arbitrary or discriminatory conduct,
or an abuse of discretion, the Commission has no authority to modify
the penalties imposed by Borough officials where the charges brought
against the affected/accused officer are found by the Commission to
be supported by the evidence and where the penalties are not otherwise
prohibited. The findings and decision of the Commission shall be delivered
personally or by certified or registered mail to the parties.
In the event the Commission sustains the charges and orders
the suspension, removal or reduction in rank, the person so suspended,
removed or reduced in rank shall have immediate right to appeal to
the Court of Common Pleas of Allegheny County, such appeal to be taken
by petition to said court within 30 days from the date of entry by
the Commission of its final order. The Commission shall note on the
letter covering the adjudication to the affected/accused employee
that the individual has a right to appeal, any such appeal must be
perfected within 30 days from the date of entry by the Commission
of its final order. In the event the event that the Commission shall
sustain or order a suspension of an employee, that order of suspension
shall not be for a period longer than one year.
All Commission findings, decisions and punishments shall be
entered in the officer's personnel file. In the event that the
Commission fails to uphold the charges, then the officer sought to
be suspended, removed or demoted shall be reinstated with full back
pay for the period of the suspension, removal or demotion, and no
charges related to the suspension, removal or reduction in rank shall
be officially recorded in the officer's personnel file.
A.
If for reasons of economy or other reasons, it shall be deemed necessary
by the Borough to reduce the number of full-time police officers in
the Department, then the Borough shall apply the following procedure:
(1)
Determine if any employee vested in the appropriate pension
plan is interested in voluntarily retiring (if eligible) from Borough
employment;
(2)
If the number of full-time police officers who voluntarily retire
is insufficient to effect the necessary reductions in numbers, then
the reductions shall be effected by furloughing the person or persons,
including probationers, last appointed to the respective force.
B.
Such removal shall be accomplished by furloughing in numerical order
commencing with the person last appointed until such reduction shall
have been accomplished. In the event that the appointing authority
decides to increase the Police Department, the furloughed officers
shall be reinstated in order of their seniority in the Department
if the furloughed officer accepts reinstatement, in writing, within
30 days of receiving notice of the opening. These reductions in force
provisions are not applicable to the Chief of Police.
