Whenever any police officer is suspended, removed or reduced in rank,
the specific charges warranting each such action shall be stated in writing
by Borough Council. The charges shall be stated clearly and in sufficient
detail to enable the officer to understand the charges made against him/her
and to be able to answer them. The charges shall specify the section of law
or regulation as well as the factual basis for the violation of that law or
regulation. As soon as practicable within five days after Borough Council
votes to file the charges, the original copy of the statement of charges shall
be delivered to the officer either by personal service or by certified or
registered mail. A copy of the statement of charges shall also be delivered
to the Commission.
The officer who has been suspended, removed or reduced in rank may appeal
the decision of Borough Council by filing a written request for a hearing
with the Commission within 10 business days after the officer received the
statement of charges. The Commission shall schedule a hearing within 10 business
days of receipt of the officer's written request unless continued by
the Commission for cause at the request of the Commission, Borough Council
or the officer. Notice of the date, time and place of the hearing shall be
delivered either by personal service or by certified or registered mail to
each of the principals involved in the case. The notice shall be mailed to
all other parties who have stated an interest in the hearing; provided, however,
that any failure to give the notice required by this section shall not invalidate
any subsequent action taken by the Commission. The accused officer, at all
times, has the right to employ legal counsel before the Commission.
Within 30 calendar 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 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 decision of the Commission shall be certified to the
person making the charges, to the accused officer, to the Mayor and to Borough
Council.
A. If the Commission fails to uphold the charges, then the
accused officer shall be reinstated with full pay for the period during which
he/she was suspended, removed or demoted, if such suspension, removal or demotion
had been effected, and no charges shall be officially recorded against his/her
record.
B. If the Commission sustains the charges and orders the
suspension, removal or demotion of the accused officer, the accused officer
shall have the immediate right of appeal to the Court of Common Pleas of Lehigh
County, such appeal to be filed with said Court within 30 days from the date
of notice of entry by the Commission of its final order.