No person employed as police officer or fire apparatus operator
shall be suspended, removed or reduced in rank, except for the following
reasons:
A. Physical or mental disability affecting his or her ability to keep
in service.
B. Neglect or violation of any official duty.
C. Violation of any law of this commonwealth which provides that such
a violation constitutes a felony.
D. Inefficiency, neglect, intemperance, disobedience of orders or conduct
unbecoming a public servant.
E. Intoxication while on duty.
F. Participating in the conduct of any political or election campaign,
otherwise than to exercise his or her own right to suffrage.
A person so employed as a police officer or fire apparatus operator
shall not be removed for religious, racial or political reasons.
A written statement of any charges made against any police officer
or fire apparatus operator shall be furnished to such person within
five days after the same are filed.
If the person suspended, removed or reduced in rank under this
article shall demand a hearing by the Commission, the demand shall
be made to the Commission. Such person may make written answers to
any charges filed against him or her not later than the day fixed
for the hearing.
The Commission shall grant the hearing demanded under the preceding
section, which shall be held within a period of 10 days from the filing
of charges, in writing, and may be continued by the Commission for
cause at the request of the Council or the accused. At any such hearing,
the person against whom charges are made may be present in person
or by counsel.
The Council may suspend any person against whom charges are
made without pay pending the determination of the charges against
him or her.
In the event that the Commission fails to uphold the charges
against a person suspended under the preceding section, then such
person shall be reinstated with full pay for the period during which
he or she was suspended, and no charges shall be officially recorded
against his or her record.
A stenographic record of all testimony taken at a hearing referred to in §
8-48 of this chapter shall be filed with and preserved by the Commission.
The record required by the preceding section shall be sealed
and not available for public inspection in case the charges with which
it is concerned are dismissed.
In the event that the Commission shall sustain the charges upon
which a hearing has been granted under this article and the suspension,
removal or reduction in rank, the person suspended, removed or reduced
in rank shall have the immediate right to appeal to the Court of Common
Pleas of the county.
The appeal referred to in the preceding section shall be taken
within 60 days from the date of entry by the Commission of its final
order and shall be by petition.
Upon an appeal being taken under this article and docketed,
the Court of Common Pleas shall fix a day for the hearing and shall
proceed to hear the appeal on the original record and such additional
proof or testimony as the parties concerned may desire to offer in
evidence.
The decision of the Court of Common Pleas upon the appeal referred to in §
8-53 of this chapter affirming or revising the decision of the Commission shall be final, and the employee shall be suspended, discharged, denoted or reinstated in accordance with the order of the Court.
The Council and the person sought to be suspended, removed or
demoted shall at all times have the right to employ counsel before
the Commission and upon appeal to the Court of Common Pleas and shall
have the further right of appealing to the Superior or Supreme Court
in the manner provided by law.
No order of suspension of any person employed as a police officer
or fire apparatus operator made by the Commission shall be for a longer
period than a year.