A. 
No person appointed to a position in the Police Department pursuant to these Rules and Regulations may be suspended without pay, removed, or demoted from a rank governed by these Rules and Regulations 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 an official duty.
(3) 
A violation of any law, provided 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, participating in, or conducting any political or election campaign while on duty or in uniform or while using Borough property other than to exercise the person's own right of suffrage.
(7) 
Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in § 17-26.
B. 
No officer shall be removed for religious, racial, or political reasons.
C. 
A written statement of any charges made against any employed officer shall be furnished to the officer within five days after the Borough Council has adopted those charges. The person so employed shall have 10 days from receiving the notice to submit a written request for a hearing to the Civil Service Commission under § 17-60.
If, for economic or other reasons, the Borough deems it necessary to reduce the number of full-time police officers in the Department, then the Borough Council shall furlough the person or persons, including probationers, who were last appointed to the force. Such removal shall be accomplished by furloughing, in numerical order, commencing with the person last appointed until such reduction shall have been accomplished. In the event the Borough decides to increase the size of the police department, the furloughed officers shall be reinstated in order of their seniority in the Department if the furloughed officer accepts reinstatement in writing within 30 days of receiving notice of the opening. The provisions for a reduction in force are not applicable to the Chief of Police.
A. 
Whenever a police officer is suspended without pay, removed, or reduced in rank, the charges warranting such actions shall be stated in writing by the Borough Council. The charges 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. The charges shall specify the subsection of § 17-57 of these Rules and Regulations, which provides the basis for the disciplinary action and an explanation of the factual circumstances upon which the Borough Council relied in finding a violation of § 17-57.
B. 
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 by personal service or certified and registered mail. In addition, the charges shall notify the officer of the right to appeal under § 17-60 of these Rules and Regulations. A copy of the statement of charges shall also be served upon the members of the Commission.
A. 
The officer who has been suspended, removed, or reduced in rank may appeal the decision of the appointing authority by written notice to the Secretary of the Commission at the Manheim Borough Municipal Office, requesting a hearing. The Commission shall receive this request within 10 days after the officer receives notice of the discipline. The officer may make written answers to any charges filed not later than the date fixed for the hearing. Failure of the officer to provide written answers to any of the charges shall not be deemed an admission by the officer.
B. 
The Commission shall grant the officer 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 Borough Council, or the officer. Notwithstanding this provision, the failure of the Commission to hold a hearing within 10 days of filing the charges in writing shall not result in the dismissal of the charges filed. The Borough Council may suspend the person without pay pending the determination of the charges against the person. However, if the Commission fails to uphold the charges, the person shall be reinstated with full pay for the period in which the person was suspended, removed, or reduced in rank. In addition, these charges shall not be sealed and shall be available for public inspection in the event the charges are dismissed.
C. 
At any such hearing, the officer against whom the charges have been made may be represented by counsel, call witnesses and present testimony, and provide any documentation in defense. The Borough may also be represented by counsel, call witnesses, and present evidence as necessary to support the charges. A stenographic record of all testimony shall be taken at every hearing and preserved by the Commission. Notice of the date, time, and place for each hearing shall be given in the following manner:
(1) 
Personal service or certified and registered mail to each of the principals involved in the case; and
(2) 
By regular, first-class mail to all other persons 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.
A. 
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. 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 Borough Council's discretion. In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of the Borough Council. 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.
B. 
Unless the Borough Council or the person sought to be suspended, removed, or reduced in rank requests that the proceedings before the Commission be open to the public, the proceeding before the Commission pursuant to this Section shall be held in the nature of a closed executive session that shall not be open to the public. Any such request shall be presented to the Commission before the Civil Service hearing commences. The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held privately and shall not be subject to a request for open to the public, the Borough Council or the person sought to be suspended, removed, or reduced in rank.
C. 
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. 
All parties concerned shall have immediate right of appeal to the Court of Common Pleas of the County, and the case shall there be determined as the court deems proper. No order of suspension made by the Commission shall be for a more extended period than one year. The appeal shall be made within 30 days of the date of entry by the Commission of its final order and shall be by petition.
E. 
All testimony shall be given under oath administered by the Chairperson or, in the absence of the Chairperson, the Commission's Vice Chairperson. The Commission shall have the power to issue subpoenas as set forth in § 17-13.
F. 
Each hearing shall be conducted in substantially the same format as follows:
(1) 
The Chairman shall state the general purpose of the hearing.
(2) 
Upon direction from the Chairman, the Secretary shall read the written charges against the accused and the record of action taken against such police officer.
(3) 
The Secretary shall read the accused's written reply.
(4) 
The Chairman shall afford each person making charges, or that person's counsel, an opportunity to make further statements in support of the charges and to produce witnesses.
(5) 
The Chairman shall afford the accused, or the accused's counsel, an opportunity to question or cross-examine the person making charges and to question or cross-examine any witnesses produced by such person.
(6) 
The Chairman shall allow each person making charges to examine the accused.
(7) 
The Chairman shall permit each person making a charge or their counsel to make a summation.
(8) 
The Chairman shall permit the person accused or the accused's counsel an opportunity to produce any witnesses who may be cross-examined by the person making the charges or such person's counsel.
(9) 
The Chairman shall permit the person accused or the accused's counsel to make a summation.
(10) 
During the hearing, the Commission may question or cross-examine the person making charges, the accused, or any witness.
G. 
If the Commission sustains the charges, the officer who was suspended, removed, or reduced in rank may file an appeal with the Court of Common Pleas within 30 days of the date of entry by the Commission of its final order. The Commission shall make no order of suspension for a period longer than one year. 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 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.