A.
No person appointed to a full-time civil service 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 or conducting of any political or election
campaign other than the officer's exercise of the right of suffrage.
B.
No officer shall be removed for reasons of religious beliefs or practices,
racial or ethnic background, sexual orientation or political affiliations.
C.
A statement of any charges made against any officer employed by the
Borough of Summit Hill shall be furnished to the officer within five
days after the Borough Council has adopted those charges.
A.
If, for any reason, it shall be deemed necessary by the Borough of
Summit Hill to reduce the number of full-time police officers in the
Department, then the Borough of Summit Hill shall apply the following
procedure:
(1)
Such reduction shall be accomplished by furloughing in numerical
order commencing with the person last appointed, including probationers,
until such reduction shall have been accomplished.
B.
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.
C.
In order to be reinstated, a furloughed officer must accepts reinstatement,
in writing, within 30 days of receiving notice of the opening.
D.
These reduction in force provisions are not applicable to the Chief
of Police.
A.
Whenever a full-time civil service police officer is suspended, removed
or reduced in rank, the specific charges warranting such actions shall
be stated, in writing, by the Borough Council.
B.
Charges against an officer 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 those charges.
D.
Within five days after the Borough Council has voted to impose the
disciplinary action, a written statement of the charges shall be delivered
to the officer either by personal service or by certified and registered
mail.
F.
A copy of the statement of charges shall also be served upon the
members of the Civil Service Commission.
A.
A full-time civil service officer who has been suspended, removed
or reduced in rank may appeal the decision of the appointing authority.
B.
A written notice requesting a hearing shall be sent to the Secretary
of the Civil Service Commission at:
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Civil Service Commission
116 West Ludlow Street
Summit Hill, PA 18250
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C.
This request shall be received by the Commission within 10 days after
the officer received notice of the discipline.
D.
The officer may take written answers to any charges filed no later
than the date fixed for the hearing.
E.
Failure of the officer to provide written answers to any of the charges
shall not be deemed an admission of guilt or wrongdoing by the officer.
F.
The Commission shall schedule a hearing within 10 days of the officer's
written request for a hearing unless continued by the Commission for
cause at the request of the Commission, the Borough Council or the
officer.
G.
At any such hearing, the officer against whom the charges have been
made may be present and may be represented by counsel, may call witnesses
and present testimony and documentation in defense.
H.
The Borough may be represented by counsel, call witnesses and present
evidence as is necessary to support the charges.
I.
A stenographic record of all testimony shall be taken at every hearing
and preserved by the Commission.
J.
In the event the charges are dismissed, the record shall be sealed
and not be available for public inspection.
K.
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 disciplinary action.
L.
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 Council unless it finds that the penalty imposed
was arbitrary, discriminatory or an abuse of the Council's discretion.
M.
In considering the appropriateness of the discipline, the Commission
shall not substitute its judgment for that of the Borough Council.
N.
The Commission may request post-hearing briefs and shall issue a
written decision containing specific findings of fact and conclusions
of law within 60 days of receipt of the hearing transcript.
A.
All testimony shall be given under oath administered by the Chairperson
or, in absence of the chair, the Vice Chairperson.
C.
The hearing shall be open to the public unless, prior to the commencement
of the hearing, a written or oral request to close the hearing is
made by the charged officer.
D.
The Rules of Evidence now in force in the Court of Common Pleas of
Carbon County, Commonwealth of Pennsylvania, shall be the Rules of
Evidence for the Commission; provided, however, that the Rules, with
regard to hearsay evidence, shall be relaxed and liberally construed.
All rulings on evidence shall be made by the Presiding Chairperson
or, in his absence, the Vice Chairperson at the hearing, subject to
objection by other members of the Commission. In the event of such
objection, the Commission shall adjourn, vote in private on the objection,
and return with a public ruling.
E.
Parties to the hearing before the Board shall be as follows:
(1)
Appellant. The parties sought to be suspended, removed, or demoted,
who requested a hearing;
(2)
Commission. The Commission, individually or collectively, shall have
the rights of a party at all hearings and may appear with counsel;
(3)
Suspender. Borough Council of Summit Hill, by counsel;
(4)
Counsel. "Counsel" is defined as an attorney at law who is admitted
to practice before the Supreme Court of the Commonwealth of Pennsylvania.
F.
Rights of the parties:
(1)
All parties shall have the right to request the Commission issue
subpoenas to compel the attendance of witness or other evidence. The
Board shall not issue such subpoenas except for good cause shown.
(2)
All parties shall have the right to remain silent, to testify, examine
witnesses, cross-examine witnesses of other parties, and to offer
documentary or other nonoral evidence.
(3)
The Commission shall have the rights of a party with regard to calling
of witnesses and the right to cross-examine witnesses of other parties.
G.
Procedural rules:
(1)
Appellant shall file with the Commission, in writing, his/her demand
for a hearing. The demand for a hearing shall consist of the following
parts:
(2)
The demand shall be served on the Borough Secretary or his/her designee,
who, for the purpose of accepting service, shall be the agent of the
Commission. The appellant shall have the right to public hearing and
shall notify, in writing, the Commission of the intent to exercise
such right. Failure to give notice will be deemed as a waiver of such
right and the hearing shall be closed, open only to the parties and
their counsel. The hearing shall be conducted as follows:
(a)
The Presiding Chairman shall call the hearing to order.
(b)
The suspension notice, charges and the answer, if any, shall
be read into the record by the Secretary of the Commission.
(c)
All witnesses shall testify under oath. The oath shall be given
by the Presiding Chairperson.
(d)
The suspender may make an opening statement.
(e)
The suspender may present witnesses and evidence.
(f)
The appellant may move for dismissal of the suspension and charges
and may argue and rebuttal.
(g)
The Commission shall rule on the motion to dismiss.
(h)
The appellant may make an opening statement.
(i)
The appellant may present witnesses and evidence.
(k)
All parties shall have the right to cross-examine at the conclusion
of testimony under direct examination. Redirect examination and re-cross-examination
shall be permitted.
(m)
A stenographic and/or tape record shall be made of all hearings.
H.
Decision of the Civil Service Commission. The Commission shall issue
its decision, approved by at least two members of the Commission.
The written decision shall include all findings of fact and conclusions
of law. If, during the hearing, opposing facts are presented, the
Commission shall include its decision as to the correct facts. The
findings and decision of the Commission shall be forwarded to the
accused, to the Borough Council and Mayor.
I.
If the Commission sustains the charges, the officer against whom
disciplinary action was taken may file an appeal with the Court of
Common Pleas within 60 days from the date of entry by the Commission
of its final order.
J.
No order of suspension shall be made by the Commission for a period
longer than one year.
K.
In the event that the Commission fails to uphold the charges, then
the person sought to be suspended, removed or demoted shall be reinstated
with full 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 record.
