Pennsylvania Act 1937-324 — DEPUTY SHERIFFS, QUALIFICATIONS AND APPOINTMENT

Act text

DEPUTY SHERIFFS, QUALIFICATIONS AND APPOINTMENT
                 Act of Jun. 4, 1937, P.L. 1595, No. 324              Cl. 16
                                  AN ACT

     Relating to peace officers; providing for the qualifications and
        appointments of deputy sheriffs; regulating the manner of
        their selection and compensation; regulating the source of
        compensation for other peace officers; declaring void certain
        contracts inconsistent with the provisions hereof; providing
        penalties; and repealing inconsistent acts.

        Compiler's Note:  Section 2901 of Act 130 of 1955 provided
            that Act 324 is repealed insofar as it relates to
            counties of the third through eighth class.
        Compiler's Note:  Section 3301 of Act 230 of 1953 provided
            that Act 324 is repealed insofar as it relates to
            counties of the second class.
        Section 1.  Be it enacted, &c., That,
        A sheriff may not appoint any person as a deputy unless he
     files with the prothonotaries, prior to the appointment of such
     person, the name and photograph of such person, together with an
     affidavit of such person setting forth the following:
        (1)  His full name, age, and residence address.
        (2)  That he is a citizen of the United States, and eighteen
     years of age or over. ((2) amended June 16, 1972, P.L.462,
     No.145)
        (3)  That he resided in the county for a period of at least
     two years immediately preceding the filing of such affidavit.
        (4)  That he has never been convicted of a crime involving
     moral turpitude under the laws of this Commonwealth, or of any
     other state, or of the United States.
        (5)  That he has not, for a period of two years immediately
     preceding the filing of such affidavit, acted either for
     himself, or as the agent or employe of another, in any labor
     dispute, or hired himself out or performed any service as a
     private detective, private policeman or private guard in any
     labor dispute, or received any fee or compensation whatever for
     acting as a private detective, private policeman or private
     guard in any labor dispute, or conducted the business of a
     private detective agency, or of any agency supplying private
     detectives, private policemen or private guards, or advertised
     or solicited any such business in this Commonwealth in
     connection with any labor dispute.
        Section 2.  Any false statement contained in any such
     affidavit shall constitute perjury, and shall be punished as
     such.
        Section 3.  The name, photograph, and affidavit of any such
     person so filed with the prothonotary, shall constitute a public
     record.
        Section 4.  The sheriff shall, from time to time, prepare a
     list of the names of all persons who have applied for
     appointment as deputy sheriff and who meet the qualifications
     prescribed in section one of this act. Such list shall be posted
     in a public place for a period of not less than ten days, and
     thereafter shall be filed in the office of the prothonotary. No
     deputies shall be appointed by the sheriff whose names do not
     appear on said list.
        Section 5.  No State police, sheriff, deputy sheriff,
     constable, deputy constable, detective, police or other peace
     officer of this Commonwealth, or of any political subdivision
     thereof, (collectively referred to in this act as "officers"),
     shall perform, directly or indirectly, any official services or
     official duties for any person, association or corporation, or
     receive, directly or indirectly, any compensation, gifts or
     gratuities from any person, association or corporation during
     the period of his official services: Provided, however, That
     nothing herein contained shall prohibit such officers from
     serving writs and other legal process as now authorized by law.
     Any compensation payable to any officer for official duties and
     services shall be paid only out of the public funds, to the
     amount and in the manner prescribed by law. Gifts, donations,
     and gratuities of any nature whatsoever made by any person,
     association or corporation to the Commonwealth, or any political
     subdivision thereof, or any official or agent thereof, shall not
     constitute public funds within the meaning of this section.
        The Commonwealth, or any political subdivision thereof, or
     any official or agent thereof, shall not accept as a gratuity,
     gift or donation any arms, ammunition, military supplies, tear
     gas or equipment or supplies or articles of a similar character
     from, nor shall any such gratuity, gift or donation be made by,
     any person, association or corporation.
        Any and all contracts or agreements, whether written or oral,
     express or implied, heretofore or hereafter made and entered
     into between the Commonwealth, or any political subdivision
     thereof, or any official or agent thereof, and any person,
     association or corporation in violation of any provision of this
     section, are hereby declared to be contrary to public policy and
     void, and no such contract or agreement shall afford any basis
     for the granting of legal or equitable relief by any court.
        Section 6.  Any sheriff, deputy sheriff or any other official
     of the county, or any other officer as defined in this act, or
     any person, association or corporation violating any of the
     provisions of this act, shall be guilty of a misdemeanor, and,
     on conviction, shall be sentenced to pay a fine of not less than
     one hundred dollars ($100.00) nor more than five hundred dollars
     ($500.00), or to undergo an imprisonment of not less than ninety
     (90) days nor more than two (2) years, or both.
        Section 7.  Nothing contained in this act shall be
     construed--
        (a)  To prohibit the payment by any person, association or
     corporation of fees or compensation to any political subdivision
     for police or other peace officers assigned to police
     exhibitions, athletic contests or other recreational activities.
        (b)  To prohibit the appointment, employment or compensation
     in the manner expressly provided by law of--(1) night watchman,
     (2) railroad police, (3) bank police, (4) payroll police, (5)
     special policemen to police and protect cemeteries and grounds
     and buildings open to the public, or to enforce laws for the
     prevention of cruelty to persons or animals, (6) fire police
     whose only duty shall be to direct traffic and maintain order
     to, at or from fires, (7) police or guards employed by nonprofit
     corporations or organizations.
        Section 8.  If any clause, sentence, paragraph or part of
     this act or the application thereof to any person or
     circumstance shall, for any reason, be adjudged by a court of
     competent jurisdiction to be invalid, such judgment shall not
     affect, impair or invalidate the remainder of this act and the
     application of such provisions to other persons or
     circumstances, but shall be confined in its operation to the
     clause, sentence, paragraph or part thereof directly involved in
     the controversy in which such judgment shall have been rendered
     and to the person or circumstances involved. It is hereby
     declared to be the legislative intent that this act would have
     been adopted had such invalid provisions not been included
     therein.