Pennsylvania Act 1943-349 — SUPPLEMENTING THE SECOND CLASS A CITIES CIVIL SERVICE SYSTEM

Act text

SUPPLEMENTING THE SECOND CLASS A CITIES CIVIL SERVICE SYSTEM
                  Act of Jun. 3, 1943, P.L. 826, No. 349              Cl. 11
                               A SUPPLEMENT

     To the act, approved the twenty-third day of May, one thousand
        nine hundred seven (Pamphlet Laws, two hundred six), entitled
        "An act to regulate and improve the civil service of the
        cities of the second class in the Commonwealth of
        Pennsylvania; making violations of its provisions to be
        misdemeanors, and providing penalties for violations
        thereof," providing for and regulating dismissal of certain
        employes under civil service in cities of the second class A;
        and authorizing fines and suspensions of them.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  No regularly appointed employe in either the
     competitive or noncompetitive class of the classified civil
     service of any city of the second class A in this Commonwealth
     shall be removed, discharged or dismissed without his written
     consent, except after a decision to that effect, rendered
     against him by a tribunal of trial or inquiry constituted as
     hereinafter set forth, which decision shall be certified by the
     tribunal to the civil service commission of the city.
        The decision of the tribunal shall be made only after an
     inquiry or trial by it on the charge or charges against the
     employe previously filed in writing with the civil service
     commission of the city. The charge or charges filed must aver
     facts in detail, constituting one or more of the following on
     the part of the employe against whom they are made disability
     for service, in which case the tribunal shall be one of inquiry,
     whose decision may be that the employe be honorably discharged
     from the service, neglect, violation of law or duty,
     inefficiency, intemperance, disobedience or unbecoming official
     or personal conduct, in which cases the tribunal shall be one of
     trial and its decision may, if against the employe, impose a
     fine on him of not more than twenty-five dollars ($25.00), to be
     deducted from his salary or wages, or suspend him without pay
     for a period not exceeding one (1) year, or dismiss him from the
     service.
        The head of the department in which the accused employe
     serves may, at his discretion, suspend the employe from duty
     until the trial of the same. No trial shall be delayed for more
     than thirty days after filing of the charge or charges against
     the employe with the civil service commission. The tribunal
     shall decide if the employe shall receive salary or wages during
     the period of his suspension.
        Section 2.  The tribunal of inquiry or trial shall consist of
     three persons in the competitive or noncompetitive class, or
     both, of the civil service of the city of the accused, and shall
     be selected as follows: The city clerk shall in the presence of
     the accused and his attorney or a fellow employe acting as his
     counsel, cause the names of at least twenty members in said
     competitive or noncompetitive classes, or both, of the civil
     service of the city, to be written upon separate slips of paper
     of the same size, color and texture, and folded or rolled so
     that the names thereon cannot be distinguished until drawn as
     hereinafter provided, cause said slips to be placed in a box
     from which the same are to be drawn by lot by some disinterested
     person, until seven names have been drawn therefrom, whereupon
     the head of the department of the city in which the accused is
     employed, and the accused shall each in order be entitled to
     exercise challenges until only three names are left, and the
     said three persons shall compose said tribunal of trial or
     inquiry. Said persons shall be sworn by the city clerk to
     perform their duties impartially.
        The member of the tribunal having the longest period of
     service under civil service in the city, shall have authority to
     issue subpoenas, requiring the attendance of witnesses, the
     giving of testimony and the production of pertinent books and
     papers before the tribunal. Disobedience of any such subpoena
     shall be contempt of court, punishable by the court of common
     pleas of the county in which the city is situated. Such senior
     member of the tribunal shall administer oaths at any inquiry or
     trial before said tribunal.
        The employe accused may be present at the trial or inquiry
     held by said tribunal, and so may his attorney or an employe of
     either the competitive or noncompetitive class, who may act as
     counsel for said employe before said tribunal.
        Section 3.  The decision of the tribunal shall not be
     effective until approved by the mayor in the case of employes
     under his jurisdiction, the chairman of city council for
     employes under their jurisdiction, and the city controller in
     the case of employes under his jurisdiction. If the decision of
     the tribunal of trial or inquiry is not approved by the
     aforesaid, a new trial must be held within the thirty day period
     of suspension referred to in section one of this act. In the
     event a new trial is not held within that time, the charges
     against the accused shall be automatically dropped and he shall
     be reinstated to his position. If the decision is approved, the
     accused shall have the right to appeal from the decision of the
     tribunal to the civil service commission of the city, which
     shall consider the decision and hear any testimony it desires.
     The accused may appeal from the commission to the court of
     common pleas of the county.
        Section 4.  On and after the date of passage hereof,
     municipal employes of the cities of the second class A listed in
     the competitive and noncompetitive classes on the roster of the
     civil service commission and having served their probationary
     period shall be considered as having the status of civil service
     employes.
        Section 5.  Nothing herein shall alter the procedure
     heretofore required for the removal or punishment of policemen
     and firemen of cities of the second class A.
        Section 6.  Section twenty of the act, approved the twenty-
     third day of May, one thousand nine hundred seven (Pamphlet
     Laws, two hundred six), entitled "An act to regulate and improve
     the civil service of the cities of the second class in the
     Commonwealth of Pennsylvania; making violations of its
     provisions to be misdemeanors, and providing penalties for
     violations thereof," in so far as applicable to cities of the
     second class A, is hereby repealed.
        All other acts and parts of acts in so far as inconsistent
     herewith are hereby repealed.
        Section 7.  The provisions of this act shall become effective
     immediately upon final enactment.