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 as prescribed by law:
(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 which provides that such violation constitutes
a misdemeanor or felony;
(4)
Inefficiency, neglect, intemperance, immorality, disobedience of
orders, or conduct unbecoming an officer;
(5)
Intoxication while on duty;
(6)
Engaging or participating in conducting of any political or election
campaign while on duty or in uniform or while using municipal property
other than the officer's exercise of the right of suffrage; or
(7)
Engaging or participating in the conduct of a political or election
campaign for an incompatible office, as provided in 53 P.S. § 46104(f),[1] prohibiting a police officer from holding an elective
office of the municipality that employs the police officer.
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1104(f).
B.
No officer shall be removed for reasons of religious beliefs or practices,
racial or ethnic background, gender, sexual orientation, political
affiliations, or due to inclusion in any other class protected from
discrimination by applicable federal, state or local law.
C.
A statement of any charges made against any officer employed by the
Municipality of Monroeville shall be furnished to the officer within
five days after the Municipal Manager has adopted those charges.
A.
If for any reason it shall be deemed necessary by the Municipality
of Monroeville to reduce the number of full-time police officers in
the department, then the Municipal Manager 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.
If Council 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 accept reinstatement
in writing within 30 days of receiving notice of the opening.
D.
These reductions in force provisions are not applicable to the Chief
of Police or the Deputy Chief of Police.
A.
Except when otherwise permitted by law, before a full-time civil
service police officer is suspended, removed or reduced in rank, the
specific charges potentially warranting such actions shall be stated
in writing by the Municipal Manager. A written statement of the charges
shall be delivered to the officer either by personal service or by
certified and registered mail.
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.
The officer shall be provided an opportunity to respond to the charges
in a meeting with the Municipal Manager or his/her designee before
the officer is suspended, removed, or reduced in rank.
E.
Within five days after the meeting with the officer, if the Municipal
Manager determines that suspension, removal, or reduction in rank
is appropriate, a written statement of the charges and the discipline
resulting therefrom shall be delivered to the officer either by personal
service or by certified and registered mail.
A.
A full-time civil service officer who has been suspended, removed
or reduced in rank may appeal the decision of the Municipal Manager.
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
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Municipality of Monroeville
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2700 Monroeville Boulevard
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Monroeville, PA 15146
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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 make 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 from the officer's
written request for a hearing unless continued by the Commission for
cause at the request of the Commission, the Municipal 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 Municipality 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 Municipal Manager unless it finds that the penalty
imposed was arbitrary, discriminatory or an abuse of the Manager's
discretion.
M.
In considering the appropriateness of the discipline, the Commission
shall not substitute its judgment for that of the Municipal Manager
or Municipal 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.
Notice of the date, time and place for each hearing shall be
given in the following manner:
A.
By either personal service or by registered mail to each person making
charges and to the person accused; and
B.
By mailing a notice to all other parties who have 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.
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 closed to the public so long as permitted by
law unless the person accused, when making written demand for a hearing,
requests that such hearing be open to the public. The deliberations
of the Commission, including interim rulings on evidentiary or procedural
issues, may be held in private and shall not be subject to a request
for being open to the public, the Municipal Council, or to the person
sought to be suspended, removed or reduced in rank. The Commission's
disposition of the disciplinary action shall constitute official action
which shall occur at a public meeting held pursuant to 65 Pa.C.S.A.
Chapter 7 (relating to open meetings).
D.
The Rules of Evidence now in force in the Court of Common Pleas of
Allegheny 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 hearing before the Board shall be as follows:
(1)
Appellant: The parties sought to be suspended, removed or demoted
who requested a hearing in his counsel.
(2)
Commission: The Commission, individually or collectively, shall have
the rights of a party and all hearings and may appear by counsel.
(3)
Suspender: The Municipal Manager of the Municipality of Monroeville
or his designee, and Council, as a body politic for the Municipality
of Monroeville.
(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 non-oral 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 Municipal Manager 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 a 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 Act Examination. Re-direct-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
person making charges, accused and to Municipal Council, and Municipal
Manager and Mayor.
(1)
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.
(2)
No order of suspension shall be made by the Commission for a period
longer than one year.
(3)
If 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.
