A. 
No person appointed to a position in the Police Department pursuant to these rules and regulations may be suspended without pay or removed, and no person promoted in rank pursuant to these rules and regulations may be 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;
(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; or
(6) 
Engaging or participating in conducting of any political or election campaign other than the officer's exercise of his own right of suffrage.
B. 
No officer shall be removed for religious, racial or political reasons. A statement of any charges made against any officer so employed shall be furnished to the officer within five days after those charges have been adopted by the Borough Council and filed with the Commission.
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 procedures:
(1) 
If there are any employees eligible for retirement or pension law, then such reductions in numbers shall be made by retirement starting with the oldest employee and following in order of age respectively if the party to be retired exceeds the maximum age as defined in the Act of October 27, 1955, P.L. 744, No. 222, known as the "Pennsylvania Human Relations Act."[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
(2) 
If the number of full-time police officers eligible for retirement is insufficient to effect the necessary reductions in numbers or if there are no persons eligible for retirement or if no retirement or pension fund exists, 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 reduction in force provisions are not applicable to the Chief of Police.
Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Borough Council of Steelton Borough. The charges shall be stated clearly and in sufficient detail to enable the accused to understand the charges made against him and to be able to answer them. As soon as practicable, the statement of charges shall be filed in duplicate with the Commission, and, within five calendar days of such filing, the original copy of the statement of charges shall be delivered to the accused either by personal service or by certified or registered mail.
A. 
Any police officer suspended, removed or reduced in rank may file with the Commission a written demand for a hearing; such written demand shall be filed within 10 days from the date of filing of charges in writing with the Commission. Any statement of written answers to the charges made against the person accused shall be filed no later than the day fixed for hearing. Within 10 days from the filing of charges in writing with the Commission, unless continued by the Commission for cause, the Commission shall grant a hearing to any accused person who complies with the provisions of this section. Each such hearing shall be open to the public unless the accused, when making his written demand for a hearing, requests that such hearing be closed to the public.
B. 
Notice of the date, time and place for each hearing shall be given in the following manner:
(1) 
Either by personal service or by certified or registered mail to each of the principals involved in the case; and
(2) 
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.
C. 
All testimony shall be given under oath. The Chairman, or in his absence the Vice Chairman, shall administer all oaths.
D. 
The Chairman, or in his absence the Vice Chairman, 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 Chairman, or in his absence the Vice Chairman, 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 five calendar days from the date appearing on the notice of hearing.
A. 
Each hearing shall be conducted in the following manner:
(1) 
The Chairman shall state the general purpose of the hearing.
(2) 
The Secretary, upon direction of the Chairman, shall read the written 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 Chairman 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 Chairman 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 Chairman shall afford each person making charges an opportunity to examine the person accused.
(7) 
The Chairman shall permit each person making charges, or his or her counsel, to make a summation.
(8) 
The Chairman shall afford the accused, or his or her counsel, an opportunity to produce any witness and to sum up the defense.
(9) 
The Commission shall be the judge of admissible evidence and procedure and shall not be bound by technical rules of evidence.
(10) 
A stenographic transcript of 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.
B. 
The Commission, at any time during the course of the hearing, may question or cross-examine the person making charges, the accused and any witness.
Within a reasonable time, including such time as is necessary to receive and review a transcript of the testimony and evidence given at the hearing, 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 decision of the Commission shall be certified to the person making charges, to the accused officer and the Borough Council.