Any member of the Police Department commits and is guilty of an offense
against discipline if he:
A.
Acts in a disorderly manner prejudicial to discipline
or such as to bring discredit on the reputation of the Department.
B.
Is insubordinate or uses oppressive conduct, that is
to say, if he:
(1)
Is insubordinate by word, act or demeanor.
(2)
Is guilty of oppressive or tyrannical conduct toward
an inferior in rank.
(3)
Uses obscene, abusive or insulting language to any member
of the Department.
(4)
Willfully or negligently makes a false complaint or statement
against any member of the Department.
(5)
Assaults any member of the Department.
(6)
Threatens any member of the Department by withholding
information which should have been reported.
C.
Disobeys orders, that is to say, if he disobeys or without
good and sufficient cause omits or neglects to carry out any lawful order,
written or otherwise.
D.
Neglects his duties, this is to say, if he:
(1)
Neglects or without good and sufficient cause fails to
promptly and diligently attend to or carry out anything which is his duty
as a member of the Department.
(2)
Fails to work his best in accordance with orders, or
leaves his post or other place of duty to which he has been assigned without
due permission or sufficient cause.
(3)
By carelessness or neglect permits a prisoner to escape.
(4)
Fails to report any matter which it is his duty to report.
(5)
Fails, when knowing where an offender is to be found,
to report the same or to make reasonable efforts to apprehend him.
(6)
Fails to report anything which he knows concerning a
criminal charge, or fails to disclose any evidence which he or any person
within his knowledge can give for or against any prisoner or defendant to
a criminal charge.
(7)
Neglects or without good and sufficient cause omits to
carry out any instructions of a physician selected by the Borough Council,
or while absent from duty on account of sickness is guilty of any act or conduct
calculated to retard his return to duty.
E.
Makes any false statement, that is to say, if he:
F.
Commits any breach of confidence, that is to say, if
he:
(1)
Divulges any matter which it is his duty to keep secret.
(2)
Gives notice directly or indirectly to any person against
whom any warrant or summons has been or is about to be issued, except in the
lawful execution of such warrant or service of such summons.
(3)
Without proper authority communicates to the public press
or to any unauthorized person any matter connected with the Department.
(4)
Without proper authority shows to any person outside
the Department any book or written document, the property of the Department
or the Borough.
(5)
Makes any anonymous communication to the Chief of Police
or to any member of the Borough Council, or signs or circulates any petition
or statement concerning the candidacy of anyone for any public office.
(6)
Canvasses any member of the Borough Council or any official
of the commonwealth, county or Borough, or the public, with reference to any
matter concerning the Department, without authority from the Chief of Police.
(7)
Signs or circulates, or encourages the signing or circulating
of, any petition or statement with regard to any matter concerning the Department,
except through the proper channels of correspondence to the Chief of Police.
(8)
Calls or attends any unauthorized or political meeting
to discuss any matters concerning the Department, or takes any active part
in regular or primary elections except to vote thereat.
G.
Commits any corrupt act, that is to say, if he:
(1)
Receives any bribe.
(2)
Fails to account for or to make a prompt and true return
of any money or property received by him in his official capacity.
(3)
Directly or indirectly solicits or receives any gratuity,
present, subscription or testimonial without the consent of the Chief of Police
or the Borough Council.
(4)
Places himself under pecuniary obligation to any person
who operates any establishment at which intoxicating beverages are sold, or
to any person who holds a license concerning the granting or renewal of which
the Department may have to report or give evidence.
(5)
Improperly uses his character and position as a member
of the Department for his personal advantage.
(6)
In his capacity as a member of the Department, writes,
signs or without sanction of the Chief of Police gives any testimonial or
recommendation with the object of obtaining employment for any person or of
supporting any application for the granting a license of any kind.
(7)
Without the sanction of the Chief of Police, supports
an application for granting of a license of any kind.
H.
Commits any unlawful act or unnecessary exercise of authority,
that is to say, if he:
I.
Malingers, that is to say, if he feigns or exaggerates
any sickness or injury with a view toward evading duty.
J.
Is absent without leave or is late for duty, that is
to say, if he is without leave from or is late for roll call, court or other
duty.
K.
Is uncleanly, that is to say, if he, while on duty or
while off duty, in uniform, in a public place, is improperly dressed or is
dirty or untidy in personal appearance, clothing or accouterments.
L.
Damages clothing or other articles supplied, that is
to say, if he:
(1)
Willfully or by carelessness causes any waste, loss or
damage to any article of clothing or accouterment or to any book, document
or other property of the Department of the Borough, used by him and issued
to him or entrusted to his care.
(2)
Fails to report any loss or damage as above, however
caused.
M.
Exhibits drunkenness or uses drugs, that is to say, if
he:
N.
Drinks on duty or solicits drinks or drugs, that is to
say, if he:
(1)
Without the consent of his superior officer, drinks or
receives from any person any intoxicating liquor, beer or drugs while he is
on duty or in uniform.
(2)
Demands or endeavors to persuade any person to give him
or to purchase or obtain for him any intoxicating liquor, beer or drug while
he is on duty or in uniform.
O.
Enters licensed alcoholic beverage premises unnecessarily
while on duty or in uniform, that is to say, if he enters while on duty or
in uniform any premise licensed under the liquor licensing laws or any other
premises where liquors are stored or distributed, when his presence there
is not required in the execution of his duty.
P.
Creates or fails to meet certain financial obligations,
that is to say, if he:
A.
An offense against discipline may be punished by:
B.
Every punishment except caution shall be entered on the
member's record of conduct. A caution shall not be so entered.
A.
Violation of any of the following provisions of § 33-40 of this chapter may be punished by immediate removal or by being required to resign forthwith or at such date as may be ordered: A; C; D(2) or (4); E(1) or (2); F(1), (2) or (3); G(1), (2) or (3); M(1); N(1) or (2).
B.
If a physical or mental disability shall render any member
of the Department unfit or unable to continue his duties, he shall be given
an honorable discharge from the Department.
C.
No employee shall be removed for racial, religious or
political beliefs.
D.
Resignation of permanent employees shall be in writing;
any separation from the service without permission shall cause the employee
to lose all rights of reinstatement.
A.
A written statement shall be furnished to such an employee,
stating all the charges against him, within five days after such charges are
filed.
B.
In the event that an employee, subject to suspension
or discharge, demands a hearing by the Borough Council, such hearing shall
be granted. The Chief of Police shall furnish the Council with copies of the
charges sent to the employee and his answer to such charges. There shall be
held a hearing with all interested parties present, and the Council shall
either uphold the dismissal or request the reinstatement of the employee against
whom such actions has been taken, and he shall be compensated for the wages
due him during the time that he was notified of his dismissal and the settling
of the case.
