Pennsylvania Act 1931-30 — POLICE AND FIREMEN, REGULATING DISMISSAL

Act text

AN ACT

Regulating the removal or dismissal of policemen and firemen in cities of the second class A, and the removal of policemen in cities of the second class. (Title amended May 25, 1933, P.L.1048, No.241)

Compiler's Note: Section 2 of Act 100 of 1988 provided that Act 30 is repealed insofar as it is inconsistent with Act 100.

Compiler's Note: Section 2 of Act 369 of 1937 provided that Act 30 is repealed insofar as it relates to cities of the second class.

Section 1. Be it enacted, &c., That no regularly appointed policeman in cities of the second class, and no regularly appointed policeman or fireman in cities of the second class A, shall be removed or dismissed without his written consent, except by the decisions of court, either of trial or inquiry, duly determined and certified in writing to the mayor, which court shall be composed of three persons belonging to the police or fire force equal or superior in official position therein to the accused. Such decisions shall only be determined by trial of charges, with plain specifications made by or lodged with the director of the department of public safety, of which trial the accused shall have due notice, and at which he shall have the right to be present in person and also by a brother officer to act as his counsel. The persons composing such court shall be appointed as hereinafter provided, and shall be sworn by the director of the department of public safety to perform their duties impartially and without fear or favor; and the person of highest rank in such court shall have the same authority to issue and enforce process to secure the attendance of witnesses, and to administer oaths to witnesses, as is possessed by any justice of the peace of this Commonwealth.

Such charges may be of disability for service, in which case the court shall be one of inquiry, whose decisions may be for the honorable discharge from the service of the person concerned; or of neglect or violation of law or duty, inefficiency, intemperance, disobedience of orders, unbecoming official or personal conduct, and, in cities of the second class A, intoxication while on duty, in which cases the court shall be one of trial, and its decision may authorize the director of the department of public safety to impose fines and pecuniary penalties to be stopped from pay, or to suspend from pay or duty, or both, for a period fixed by them, not exceeding one year, or to dismiss from the service: Provided, That in cities of the second class A where the charge is intoxication while on duty and a trial court finds the defendant guilty, the mayor shall suspend the convicted officer for a period of thirty days without pay: Provided, That the defendant has not been convicted of any similar offense within a period of five years last preceding the effective date of this statute.

If the said fireman or policeman shall be convicted a second time on a charge of intoxication while on duty after the effective date of this act, then the mayor shall suspend him for a period of six months without pay, and, upon the third conviction for intoxication while on duty after the effective date of this act, the mayor shall dismiss said fireman or policeman from the service.

If the accused shall have been convicted once within five years last preceding the effective date of this act on a charge of intoxication while on duty, then his first conviction after the effective date of this act on a charge of intoxication while on duty, he shall be suspended for a period of six months without pay, and, upon his second conviction after the effective date of this act on a charge of intoxication while on duty, the mayor shall suspend him for one year without pay, and, upon the third conviction after the effective date of this act on a charge of intoxication while on duty, he shall be dismissed by the mayor from the service.

If the accused shall have been convicted twice within five years last preceding the effective date of this act on charges of intoxication while on duty, then, upon his first conviction after the effective date of this act on a charge of intoxication while on duty, he shall be suspended from the service without pay for a period of one year, and, upon his second conviction after the effective date of this act on a charge of intoxication while on duty, he shall be dismissed from the service.

If the accused shall have been convicted three or more times within five years last preceding the effective date of this act on charges of intoxication while on duty, then, upon his conviction after the effective date of this act on a charge of intoxication while on duty, he shall be dismissed from service.

In all cases involving intoxication while on duty, the sentence shall be imposed by the mayor of said city of the second class A, and a plea of guilty shall be considered a conviction for the purposes of this amendment, and shall be in writing.

It shall be lawful for the director of the department of public safety, at his discretion, to suspend from duty before trial any person charged, as aforesaid, until such trial can be had, with or without pay, as such court shall afterwards determine, but no trial shall be delayed for more than one month after charge has been made.

The finding of the court of trial or inquiry, as aforesaid, shall be of no effect until approved by the mayor, except in cases of conviction for intoxication while on duty in cities of the second class A; upon conviction of intoxication while on duty in such cities, the trial board shall immediately certify its findings to the mayor, who shall thereupon impose sentence on the convicted in the manner herein set forth.

(1 amended Apr. 29, 1937, P.L.544, No.130)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 1 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex)..

Section 2. The members of such court of inquiry or trial shall be selected as follows, namely: The director of the department of public safety shall, in the presence of the accused and a brother officer acting as his counsel, as aforesaid, cause the names of at least twenty-five members in said police or fire department, equal or superior in rank to the accused, 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 director of the department of public safety and the accused shall each in order be entitled to exercise challenges until only three names are left, and said three persons shall compose said court, either of trial or inquiry, as the case may be.

(2 repealed insofar as inconsistent with 1 Pa.C.S. §2301(d), Oct. 4, 1978, P.L.909, No.173)

Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 2 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex)..

Section 3. The provisions of article three, section one of the act, approved the seventh day of March, one thousand nine hundred and one (Pamphlet Laws, twenty), entitled "An act for the government of cities of the second class," is hereby repealed so far as it relates to the removal and dismissal of policemen and firemen in cities of the second class A, and in so far as it relates to the removal and dismissal of policemen in cities of the second class.

All other acts or parts of acts inconsistent or conflicting herewith are hereby repealed in so far as they apply to cities of the second class and second class A.

(3 amended May 25, 1933, P.L.1048, No.241)