The Borough Council shall provide for disciplining members of
the Police Force for conduct inconsistent with a person's position
on the Police Force and conduct inconsistent with established rules,
regulations, and standards for the Department as promulgated by the
Borough Council or established by the Mayor with the official approval
of the Borough Council.
[1]
Editor's Note: This ordinance also repealed former Section
601(b), regarding limitations on the Board's authority, which
immediately followed this subsection.
A.
All members of the Police Force shall have the right to present grievances
of unfair or inequitable treatment, unsatisfactory working conditions
or disciplinary action. Such right to present grievances shall only
be limited to the requirement that any grievance be in writing.
B.
A policeman shall be entitled to representation of his own choice
in appealing any grievance. Such right to representation shall only
be limited to the requirement that a policeman shall be entitled to
only one representative at the first step of the grievance procedure.
C.
A policeman and his representatives shall be unimpeded and free from
restraint, coercion, discrimination, or reprisal in exercising the
right of grievance provided for in this section.
D.
All grievances must be presented in writing and must be answered
in writing.
E.
Any policeman who wishes to submit a grievance shall follow the procedure
outlined below; except, any appeal from dismissal or removal, suspension,
or reduction in rank shall be made directly to the Commission.
(1)
The grievance shall first be presented to the Police Chief who may
require that written answer, within five days of receipt of the grievance,
be provided by any other member of the Police Force against whom the
grievance appears to be lodged unless the grievance is not related
directly to complaint about conduct of another member of the Police
Force or the grievance is a complaint about conduct by the Police
Chief. The Police Chief shall make a determination, and provide the
policeman who presented the grievance with a copy of such determination,
within 14 days after it was presented; however, when a written answer
from another member of the Police Force is not necessary the Police
Chief shall render an answer in writing within seven days after the
grievance is presented; and, provided further, when a personal hearing
between the police officer and the Police Chief is requested, the
Police Chief shall render an answer in writing within seven days after
such hearing. A personal hearing shall only be held when the grievance
included a written request for such hearing, or if the Police Chief
shall request such hearing by written notice to the policeman making
the grievance not more than three days after receiving the grievance;
such hearing shall be scheduled by the Police Chief not less than
five days nor more than 10 days after receiving the grievance and
shall give written notice to all concerned parties not less than 48
hours prior to the time set for such hearing.
(2)
Appeal from a grievance to the Police Chief, in writing, shall be made within 20 days after presenting the grievance to the Police Chief when no hearing date is set or within 20 days after the day set for hearing where the Police Chief fails to provide a timely written determination or 15 days after the Police Chief provides, in a timely manner, a copy of his written determination to the policeman making the grievance. The latest of these times shall set the outside limit for taking an appeal from the Police Chief. Such appeal shall be in writing to the Mayor. Such appeal to the Mayor shall follow the same procedure and be under the same time limits as set forth in § 41-36E(1) for the original grievance to the Police Chief.
(3)
Appeal from a determination by the Mayor shall be made within 30 days after presenting the appeal to the Mayor when no hearing date is set or within 30 days after the day set for hearing where the Mayor fails to provide a timely written determination or 30 days after the Mayor provides a copy of a written determination to the policeman taking the appeal in a timely manner. The latest of these times shall set the outside limit for taking an appeal from the Mayor. Such appeal shall be in writing to the Commission. Such appeal to the Commission shall follow the same procedure and be under the same time limits as set for below in § 41-38.
A.
Any Borough resident shall have a right to be heard on his complaint
against an action by any member of the Police Department; provided
such complaint be in writing and signed by the Borough resident lodging
the complaint according to the procedure provided by this section.
B.
Written complaints by Borough residents shall be filed with the Borough
Secretary and be handled by the Mayor according to the following procedure:
(1)
A written answer, within five days of receipt of the complaint of
any member of the Police Force may be requested.
(2)
A hearing with the Mayor may be had upon the request of the Mayor
or any member of the Police Force required to answer a complaint.
All parties interested shall be given not less than 48 hours'
notice prior to the time set for a hearing by the Mayor, which shall
be set for not more than seven days after the complaint is filed.
(3)
A written determination shall be made by the Mayor within seven days
of the filing of a complaint if there is no written answer requested,
within 14 days of the filing of a complaint if a written answer is
requested, or within seven days after hearing by the Mayor if such
hearing is set.
C.
An appeal on a complaint by a Borough resident may be taken to the
Commission upon a failure of the Mayor to render a written decision
within 14 days after the complaint is filed with the Borough Secretary
or upon the Borough resident feeling aggrieved by a determination
of the Mayor. Such appeal to the Commission shall be made in writing
not more than 30 days after the written complaint is first filed or
within 20 days after receiving a written determination by the Mayor;
the later of these dates shall set the outside limits for an appeal
to the Commission.
A.
A person shall have a right to a hearing before the Commission, after
presenting his claim in writing to the Commission, when:
(1)
An applicant feels himself aggrieved by the Commission's refusing
to examine him;
(2)
The Commission refuses to certify an applicant as eligible after
examination;
(3)
A policeman is dismissed or removed, suspended, or reduced in rank;
(4)
A policeman feels himself aggrieved by the Mayor's determination
on an appeal from the Police Chief on a grievance; or
(5)
Any Borough resident feels himself aggrieved by a determination by
the Mayor on a complaint about the Police Department.
B.
A person's right to a hearing before the Commission under this
section shall be limited to written claims made to the Commission
within 30 days from the day the action adverse to the claimant was
taken. A written claim filed with the Borough Secretary in the offices
of the Borough shall be deemed filed with the Commission.
C.
Hearing by the Commission shall be held, upon not less than 48 hours'
written notice to all concerned parties, within 10 days from the filing
of written charges or claims, unless continued by the elected Chairman
of the Commission for cause at the request of the claimant, the Mayor,
or the elected Council.
D.
A stenographic record, by a court reporter, of all testimony taken
at such hearings shall be filed with, and preserved by, the Commission.
The record shall be sealed and not be available for public inspection
in the event charges against an individual are dismissed.
E.
A person shall at all times have the right to employ counsel for
hearing before the Commission.
F.
The Commission shall render a written decision and order, and serve
the claimant with a copy of same, within 20 days from the conclusion
of the hearing.
G.
Where the claimant is a policeman who was dismissed or removed, suspended,
or reduced in rank, said claimant shall have the right to appeal by
petition to the Court of Common Pleas of Schuylkill County within
60 days from the date of entry by the Commission of its final order.
H.
Where the claimant is any other person than a policeman who was dismissed
or removed, suspended, or reduced in rank, the decision and order
of the Commission shall be final. In such cases, appeals must be taken
within 30 days according to the laws and procedures of the Commonwealth.
I.
The Commission may promulgate additional rules and regulations to
govern procedure for hearings before it which are consistent with
this chapter and the Laws of the Commonwealth.
A.
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, as provided for in § 1179 of the Borough
Code, as amended (8 Pa.C.S.A. § 1179), he shall upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
less than $25 nor more than $600, plus costs of prosecution, and,
in default of payment of such fine and costs, shall be imprisoned
not to exceed 30 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, it may apply by petition to the Court of Common
Pleas of Schuylkill County for its subpoena, requiring the attendance
of such persons before the Commission or the Court there to testify
and to produce any records and papers necessary, and in default thereof,
shall be held in contempt of Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any Councilman who, by his vote, causes to be appointed any
person to the Police Force contrary to the applicable provision of
the Borough Code (8 Pa.C.S.A. §§ 1170 through 1194),
or the consistent provision of this chapter, or any Councilman, member
of the Board, or member of the Commission who willfully refuses to
comply with, or conform to, the applicable provisions of the Borough
Code (§§ 1171 through 1194 aforementioned), or the
provisions of this chapter, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be sentenced to pay a fine of not
less than $25 nor more than $600, plus costs of prosecution, and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days.
