A.
No person appointed to a position in the Police Department
may be suspended without pay, removed or reduced in rank except for
the following reasons:
(1)
Physical or mental disability affecting the officer's
ability to continue in service. In which case, the officer shall receive
an honorable discharge from service with the Patterson Township Police
Department.
(2)
Neglect or violation of any official duty.
(3)
Violation of any law of the Commonwealth of Pennsylvania
which provides that such violation constitutes a misdemeanor or a
felony.
(4)
Inefficiency, neglect, intemperance, disobedience
of orders or conduct unbecoming an officer of the Township of Patterson.
(5)
Intoxication or the use of nonprescription drugs while
on duty as a police officer.
(6)
Engaging or participating in or conducting of any
political or election campaign other than the officer's exercise of
the right of suffrage.
B.
No police officer, including Chief of Police, shall
be removed, censured or reprimanded for any religious, racial or political
affiliation.
C.
A statement of any charges made against any police
officer so employed shall be furnished to the officer and/or his counsel
within five days after those charges have been issued by the Board
of Commissioners of Patterson Township.
A.
If it shall be deemed necessary by the Township of
Patterson to reduce the number of full-time police officers in the
Department, then the Township shall apply the following procedures.
(1)
If there are any employees eligible for retirement
under the terms of any retirement or pension law, such reductions
in number shall be made by retirement of such employees. This would
begin with that employee who has the longest period of service with
the Department and follow in order of age or service respectively.
(2)
If the number of full-time police officers eligible
for retirement is insufficient or if no retirement or pension fund
exists, then the reductions shall be effected by furloughing the police
officer(s), including probationers, last appointed to the Police Department.
B.
Such removal shall be accomplished by furloughing
in numerical order commencing with the police officer last appointed
until such reduction shall have been accomplished. In the event that
the appointing authority decides to increase the size of the Police
Department officer personnel, the furloughed police officers shall
be reinstated in order of their seniority in the Police Department.
Employees so notified of reinstatement shall accept reinstatement
within 30 days of receipt of such notice. These reductions in force
provisions are not applicable to the Chief of Police.
A.
Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Board of Commissioners. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges and to allow the officer an opportunity to respond to the charges. The charges shall specify the subsection of § 38-47 of these Rules and Regulations which provides the basis for disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority relied in finding a violation of § 38-47 of these Rules and Regulations.
B.
Within five days after the Board of Commissioners has voted to impose disciplinary action, a written statement of the charges shall be delivered to the police officer either by personal service or by certified mail. In addition, the letter of charges shall notify the police officer of the right to appeal under § 38-50 of these Rules and Regulations. A copy of the statement of charges shall also be served upon all members of the Civil Service Commission, again either by personal service or by certified mail.
A.
The police officer who has been suspended, removed
or reduced in rank may appeal the decision of the appointing authority
by written notice to the Secretary of the Civil Service Commission
requesting a hearing. This request must be received by the Commission
within 10 days after the police officer received notice of the impending
discipline. The police officer may make written answers to any charges
filed not later than the date fixed for the hearing. Failure of the
police officer to provide written answers to any of the charges shall
not be deemed an admission by the officer.
B.
The Commission shall schedule a hearing within 10
days from receipt of the officer's written request for a hearing.
Such hearing date may be delayed by the Commission for cause at the
request of the Commission, the Board of Commissioners of Patterson
Township or the officer charged. At the hearing, the police officer
against whom the charges have been made may be present and/or may
be represented by counsel. The officer may call witnesses and present
testimony and documentation in his own defense. The Township Commissioners
may also be represented by counsel, call witnesses and present evidence
as is necessary to support the charges against the officer. A stenographic
record of all testimony shall be taken at every hearing and preserved
by the Commission. In the event that charges are dismissed against
the police officer, the record shall be sealed and will not be 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 reason for the proposed disciplinary
action. If the Commission finds that sufficient evidence has been
introduced to support the charge(s), the Commission shall not modify
the penalty imposed by the Board of Commissioners of Patterson Township,
unless it finds that the penalty imposed was arbitrary, discriminatory
or an abuse of the Board of Commissioner's discretion. In considering
the appropriateness of the discipline, the Commission shall not substitute
its judgment for that of the Board of Commissioners. The Commission
may request post hearing briefs and shall issue a written conclusion
of law within 60 days of receipt of the hearing transcript.
B.
The hearing shall be open to the public unless, prior to commencement of the hearing, a written or oral request to close the hearing is made either by the police officer charged or the Board of Commissioners of Patterson Township. Such request will be taken into consideration by the Commission; and if deemed advisable, the Commission, acting under § 38-15 of these Rules and Regulations, shall issue a decision as to whether the hearing shall be open or closed to the public. This decision shall be final.
C.
If the Commission sustains the charges, the officer
who was suspended, removed or reduced in rank may file an appeal with
the Court of Common Pleas within 30 days from the date of entry by
the Commission of its final order. No order of suspension shall be
made against an officer for a period longer than one year. In the
event that the Commission fails to uphold the charges, then the officer
shall be reinstated with full pay for the period of the suspension,
removal or reduction in rank. No charges related to the suspension,
removal or reduction in rank shall be officially recorded in the officer's
official personnel records nor may any of these charges be held against
the officer for future merit pay raises or promotional opportunities.
