A policeman may be suspended, removed or reduced in rank for
the following reasons:
A.
Physical or mental disability affecting his ability to continue in
service, in which case the person shall receive an honorable discharge
from service;
B.
Neglect or violation of any official duty;
C.
Violation of any law of this commonwealth which provides that such
violation constitutes a misdemeanor or felony;
D.
Inefficiency, neglect, intemperance, disobedience of orders or conduct
unbecoming an officer;
E.
Intoxication while on duty; or
F.
Engaging in or participating in conducting any political or election
campaign otherwise than to exercise his own right of suffrage.
The Borough Council, upon the recommendation of the Chief of Police of the Borough and the approval of the Chairman of the Borough Council, may suspend, remove or reduce in rank any person who shall conduct himself in a prohibited manner as provided in § 14-44 of these rules and regulations.
Any police officer suspended, removed or reduced in rank may
file with the Commission a written demand for a hearing. Such person
shall make written answers to any charges filed against him no later
than the date fixed for hearing. The Commission shall grant a hearing,
within the period fixed by law, to any person accused who complies
with the provisions of this section. Each such hearing shall be open
to the public unless the person accused, when making his written demand
for a hearing, requests that such hearing be closed.
Notice of the date, time and place for each hearing shall be
given in the following manner:
A.
By either personal service or by certified or registered mail to
each person making charges and to the person accused; 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 action taken
by the Commission. A copy of the above notice shall be sent to the
Borough Council.
All testimony shall be taken under oath. The Chairman or, in
his absence, the Vice Chairman shall administer all oaths.
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 of the
person accused or of any person making charges, the Chairman or, in
his absence, the Vice Chairman shall order the attendance of any witness
or the production of any pertinent document, provided that such a
written request is filed with the Secretary within five calendar days
of the date appearing on the notice of the hearing.
Each hearing shall be conducted in the following manner:
A.
The Chairman shall state the general purpose of the hearing;
B.
The Secretary, upon direction of the Chairman, shall read the written
charges against the person accused, together with the record of action
taken against such officer;
C.
The Secretary shall read the written reply of the person accused;
D.
The Chairman shall afford each person making charges or his counsel
an opportunity to make any further statement in support of the charges
and to produce any witnesses;
E.
The Chairman shall afford the person accused or his counsel an opportunity
to question or cross-examine any witness produced by such person;
F.
The Chairman shall afford each person making charges an opportunity
to examine the person accused;
G.
The Chairman shall afford the person accused or his counsel an opportunity
to produce any witness and to sum up the defense;
H.
The Chairman shall permit each person making charges or his counsel
to make a summation; and
I.
The Chairman shall apply ordinary rules of evidence. The Commission
or its counsel, at any time during the course of the hearing, may
question or cross-examine any person making charges, the person accused
and any witness.
Within 15 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 its decision as
to the correct facts. The findings and decision of the Commission
shall be certified to any person making charges, to the accused officer
and to the Borough Council. In the event of an appeal to the County
Court or the Court of Common Pleas by an accused officer and upon
payment of the costs of preparation of the transcript, the Commission
shall provide the accused officer with a transcript of testimony taken.
