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.
A. 
If the person sought to be suspended without pay, removed or reduced in rank shall demand a hearing by the Commission, the Commission shall grant such person a hearing within 10 days of receipt of written request for a hearing, which shall be held on a date and at a place to be fixed by the Commission.
B. 
Such hearing may be continued by the Commission for cause or at the request of the accused and may be adjourned or continued by it. At any such hearing, both the Board and the person against whom the charges are made shall at all times have the right to be present in person and represented by counsel.
C. 
The Board or the Superintendent of Police, upon the approval of the Township Manager when the Board is not in session, may suspend such person without pay pending the determination of the charges against him/her; but in the event that the Commission fails to uphold the charges, then the person sought to be suspended without pay, removed or demoted shall be reinstated with full pay for the period during which he/she was suspended without pay, and no charges shall be officially recorded against his/her record.
[Amended 6-18-2003 by Ord. No. 3682]
D. 
A written record of all testimony taken at such hearings shall be filed with and preserved by the Commission, which record shall be sealed and not available for public inspection in the event that the charges are dismissed.
E. 
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 the 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 Board of Commissioners unless it finds that the penalty imposed was arbitrary, discriminatory or an abuse of the Board's discretion. In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of the Board of Commissioners. 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.
F. 
All testimony shall be given under oath administered by the Chairperson or, in his/her absence, the Vice Chairperson. The Commission shall have power to issue subpoenas as set forth in the subpoenas portion of these rules and regulations. The hearing shall be open to the public unless, prior to the commencement of the hearing, a written or oral request to close the hearing is made by either the charged officer or the Township.
[Amended 6-18-2003 by Ord. No. 3682]
G. 
If the Commission sustains the charges, the officer who was suspended without pay, removed or reduced in rank may file an appeal with the Court of Common Pleas within 30 days from the date of entry by the Commission of its final order. No order of suspension without pay shall be made by the Commission for a period longer than 60 days. In the event that the Commission fails to uphold the charges, then the person sought to be suspended without pay, removed or demoted shall be reinstated with full pay for the period of the suspension without pay, removal or demotion, and no charges related to the suspension, removal or reduction in rank shall be officially recorded against his/her record.
[Amended 6-18-2003 by Ord. No. 3682]
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.