No sworn officer appointed to a civil service
position in the Lower Merion 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:
A. Physical or mental disability affecting the officer's
ability to continue in service, evidenced by the certificate to that
effect of a medical doctor designated by the Commission, in which
case the officer shall receive an honorable discharge from service.
B. Neglect or violation of any official duty.
C. Violation of any law of this commonwealth which provides
that such violation constitutes a misdemeanor or felony.
D. Inefficiency, neglect, intemperance, disobedience
of orders or conduct unbecoming an officer.
E. Intoxication while on duty.
F. Engaging or participating in conducting of any political
or election campaign other than the officer's exercise of his/her
own right of suffrage.
[Amended 6-18-2003 by Ord. No. 3682]
G. Failure to meet or maintain the qualifications required
by the Municipal Police Officers' Education and Training Commission.
[Added 2-17-1999 by Ord. No. 3519]
[Amended 2-17-1999 by Ord. No. 3519; 6-18-2003 by Ord. No.
3682]
Following a hearing before a supervisor in conformity
with due process requirements, whenever a sworn civil service police
officer is suspended, without pay removed or reduced in rank, the
specific charges warranting such actions shall be stated in writing.
These charges shall be stated clearly and in sufficient detail to
enable the officer to understand the charges against him/her and to
allow the officer an opportunity to respond to those charges. The
charges shall specify the basis for the disciplinary action as well
as an explanation of the factual circumstances upon which the appointing
authority relied in finding a violation.
A. Whenever a sworn civil service police officer is suspended
without pay, removed or reduced in rank, the specific charges warranting
such actions shall be stated in writing. These charges shall be stated
clearly and in sufficient detail to enable the officer to understand
the charges against him and to allow the officer an opportunity to
respond to those charges. The charges shall specify the basis for
the disciplinary action, as well as an explanation of the factual
circumstances upon which the appointing authority relied in finding
a violation.
B. Within five days after the Board of Commissioners
has voted to impose the disciplinary action and the charges have been
filed with the Secretary of the Commission, a written statement of
the charges shall be delivered to the officer, either by personal
service, by certified or registered mail, or by confirmed electronic
delivery. In addition, the charges shall notify the officer of his/her
appeal rights under the hearings on suspension without pay, removals
and reductions in rank portion of these rules and regulations.
[Amended 4-21-2021 by Ord. No. 4213]
[Amended 6-18-2003 by Ord. No. 3682]
The officer shall have 10 days from the receipt
of a copy of such charges within which to demand a hearing regarding
such charges. The officer shall have up until the date of the hearing
to file a written answer, which shall admit or deny the charges. The
original written answer shall be filed with the Secretary of the Commission,
and copies shall be furnished to the Township Manager, the Superintendent
of Police and the Township Solicitor.
If for reasons of economy or other reasons it
shall be deemed necessary by the Township to reduce the number of
full-time police officers in the Department, then the Township may
reduce the police force in any manner permitted by law.