A.
No person employed in the Borough Police Department shall
be suspended, removed or reduced in rank except for the following reasons:
(1)
Physical or mental disability affecting his/her ability
to continue in service and perform the essential duties of his/her position
as certified by a medical doctor designated by Borough Council. In the event
that the certification indicates that the person could not perform the essential
duties even with reasonable accommodations, that person shall receive an honorable
discharge from service.
(2)
Neglect or violation of any official duty or Police Department
rule or regulation.
(3)
Violation of any law which provides that such violation
constitutes a misdemeanor or felony or violation of a law which constitutes
a summary offense which results in the suspension or revocation of the person's
driving privileges in the Commonwealth of Pennsylvania.
(4)
Inefficiency, neglect, intemperance, immorality, disobedience
of orders or conduct unbecoming an officer.
(5)
Intoxication while on duty or the use of any drug or
narcotic without a prescription, whether on or off duty.
(6)
Engaging or participating in conducting of any political
or election campaign other than to exercise his/her own right of suffrage.
(7)
Failure to comply with the Borough residency requirement
stated in these rules and regulations.
B.
No person shall be removed for any unlawful discriminatory
reason.
Whenever any police officer is suspended, removed or reduced in rank,
the specific charges warranting each such action shall be stated in writing
by Borough Council. The charges shall be stated clearly and in sufficient
detail to enable the officer to understand the charges made against him/her
and to be able to answer them. The charges shall specify the section of law
or regulation as well as the factual basis for the violation of that law or
regulation. As soon as practicable within five days after Borough Council
votes to file the charges, the original copy of the statement of charges shall
be delivered to the officer either by personal service or by certified or
registered mail. A copy of the statement of charges shall also be delivered
to the Commission.
The officer who has been suspended, removed or reduced in rank may appeal
the decision of Borough Council by filing a written request for a hearing
with the Commission within 10 business days after the officer received the
statement of charges. The Commission shall schedule a hearing within 10 business
days of receipt of the officer's written request unless continued by
the Commission for cause at the request of the Commission, Borough Council
or the officer. Notice of the date, time and place of the hearing shall be
delivered either by personal service or by certified or registered mail to
each of the principals involved in the case. The notice shall be mailed to
all other parties who have stated an interest in the hearing; provided, however,
that any failure to give the notice required by this section shall not invalidate
any subsequent action taken by the Commission. The accused officer, at all
times, has the right to employ legal counsel before the Commission.
A.
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 Borough Council unless
it finds that the penalty is arbitrary, discriminatory or an abuse of Borough
Council's discretion. In considering the appropriateness of the penalty,
the Commission shall not substitute its judgment for that of Borough Council.
B.
Each hearing shall be conducted in the following manner:
(1)
The hearing shall be open to the public unless, prior
to the commencement of the hearing, a written or oral request, on the record,
to close the hearing is made by the charged officer.
(2)
All testimony shall be given under oath or affirmation.
Oaths or affirmations may be administered by the Chairperson, or, in his/her
absence, the Vice Chairperson, or by a court reporter engaged to record the
hearing testimony.
(3)
The Chairperson shall call the hearing to order, state
the general purpose of the hearing, make note of the parties present and have
the Secretary read the written charges against the accused officer, together
with the record of action taken against such officer, and any written reply
from the accused officer.
(4)
The Chairperson shall afford each person making charges,
or his/her counsel, an opportunity to make further statements in support of
the charges and to produce any witnesses.
(5)
The Chairperson shall afford the accused officer, or
his/her counsel, an opportunity to question or cross-examine the person making
charges and to question or cross-examine any witnesses produced by such person.
(6)
The Chairperson shall afford each person making charges,
or his/her counsel, an opportunity to produce any witness, to cross-examine
any witness produced by the accused officer and to make a summation.
(7)
The Chairperson shall afford the accused officer, or
his/her counsel, the opportunity to produce any witness and to make a summation.
(8)
The Commission shall be the judge of admissible evidence
and procedure and shall not be bound by technical rules of evidence. At any
time during the hearing, the Commission may question or cross-examine the
person making charges, the accused officer and any witness.
(9)
A stenographic transcript of all testimony taken at the
hearing shall be made and filed with and preserved by the Commission, along
with all other records pertinent to the case. Such records shall be sealed
and closed to public inspection in the event the charges are dismissed. These
records shall be retained or disposed of in accordance with these rules and
regulations and/or Borough requirements.
Within 30 calendar days after the hearing, the Commission shall issue
its decision in the form of a written order approved by at least two members
of the Commission. The written order shall include all findings of fact. If,
during the hearing, opposing facts are presented, the Commission shall include
in its written order a decision as to what it considers to be the correct
facts. The findings and decision of the Commission shall be certified to the
person making the charges, to the accused officer, to the Mayor and to Borough
Council.
A.
If the Commission fails to uphold the charges, then the
accused officer shall be reinstated with full pay for the period during which
he/she was suspended, removed or demoted, if such suspension, removal or demotion
had been effected, and no charges shall be officially recorded against his/her
record.
B.
If the Commission sustains the charges and orders the
suspension, removal or demotion of the accused officer, the accused officer
shall have the immediate right of appeal to the Court of Common Pleas of Lehigh
County, such appeal to be filed with said Court within 30 days from the date
of notice of entry by the Commission of its final order.
