The Council shall have power to determine in each instance whether
a decrease in salary shall constitute a reduction in rank. All suspensions,
removals and reductions in rank shall be made only in accordance with
these rules and regulations.
Persons employed in the Police Department of the Borough through
the civil service process contained in these rules and regulations
shall not be suspended, removed or reduced in rank for any non-merit
factor. No order of suspensions shall be for a longer period than
one year.
No persons employed in the Police Department of the Borough
through the civil service process contained in these rules and regulations
shall be removed from employment, suspended, or reduced in rank except
for the following reasons:
A. Physical or mental disability affecting the officer's ability
to continue in service, evidenced by the certification to that effect
by a medical doctor and/or psychologist designated by the Commission,
in which cases the persons shall receive an honorable discharge from
service;
B. Neglect or violation of any official duty;
C. Violation of any law of the commonwealth which provides that such
violations constitute a misdemeanor or felony;
D. Inefficiency, neglect, intemperance, disobedience of orders, or conduct
unbecoming an officer;
E. Intoxication while on duty; or
F. Engaging or participating in or conducting any political or election
campaign for any reason other than to exercise his or her own right
of suffrage.
Notice of the date, time and place for each hearing shall be
given in the following manner:
A. Either by personal service or by certified or registered mail to
each of the principals involved in the case, 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 subsequent action
taken by the Commission.
All testimony shall be given under oath. The Chairperson, or
in her or her absence the Vice Chairperson, shall administer all oaths.
Within 30 calendar days after receipt of the completed transcript(s)
of the hearing, the Commission shall issue its decision in the form
of a written order approved by at least two members of the Commission.
That written adjudication, to become official, must be adopted by
majority vote of the Commission in a public meeting, appropriately
advertised pursuant to the Sunshine Law. The written order shall be
in the form: findings of fact, conclusions or law, discussion, order.
The only aspect of the adjudication which shall be publicly read,
and provided to the public, unless the affected/accused employee has
requested an open hearing, shall be the "order" section. If resolving
the charges involves the making of credibility determinations, the
adjudication shall specify the resolution of those credibility determinations.
Necessary findings of fact should be supported by substantial evidence
of record. Absent evidence of arbitrary or discriminatory conduct,
or an abuse of discretion, the Commission has no authority to modify
the penalties imposed by Borough officials where the charges brought
against the affected/accused officer are found by the Commission to
be supported by the evidence and where the penalties are not otherwise
prohibited. The findings and decision of the Commission shall be delivered
personally or by certified or registered mail to the parties.
In the event the Commission sustains the charges and orders
the suspension, removal or reduction in rank, the person so suspended,
removed or reduced in rank shall have immediate right to appeal to
the Court of Common Pleas of Allegheny County, such appeal to be taken
by petition to said court within 30 days from the date of entry by
the Commission of its final order. The Commission shall note on the
letter covering the adjudication to the affected/accused employee
that the individual has a right to appeal, any such appeal must be
perfected within 30 days from the date of entry by the Commission
of its final order. In the event the event that the Commission shall
sustain or order a suspension of an employee, that order of suspension
shall not be for a period longer than one year.
All Commission findings, decisions and punishments shall be
entered in the officer's personnel file. In the event that the
Commission fails to uphold the charges, then the officer sought to
be suspended, removed or demoted shall be reinstated with full back
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 personnel file.