53 Pa. Stat. § 12638

Current through P.A. Acts 2023-32
Section 12638 - Removal, etc.; statement of reasons; investigations and hearings; written charges against policemen and firemen; suspension pending hearing

No officer, clerk, or employe in the classified civil service of such city shall be removed, discharged, or reduced in pay or position, except for just cause, which shall not be religious or political. Further, no such officer, clerk, or employe shall be removed, discharged, or reduced, except during the probationary period, until he shall have been furnished with a written statement of the reasons for such action, and been allowed to give the removing officer such written answer as the person sought to be removed may desire. In every case of such removal or reduction, a copy of the statement of the reasons therefor and of the written answer thereto shall be furnished to the civil service commission, and entered upon its public records. Within sixty days after the receipt of notice of removal, discharge or demotion in pay or position, the commission may, upon its own initiative, or shall upon request of the employe affected, make such investigation as it may deem advisable, either sitting as a body or through one or more of its members. The investigating inquiry or hearing is declared to be for the purpose of fairly determining whether or not the employe involved, by reason of his act or acts as charged and his record of service, merits continuance therein or should be removed therefrom or demoted or otherwise disciplined for the good of the service. In such investigations, inquiries or hearings the commission shall not be required to follow established rules of evidence or court procedure, but shall seek information and evidence bearing on the merits of the case. The records of such investigations and all hearings shall be open to the public, and the employe sought to be removed, discharged or demoted shall have opportunity to be heard personally or through counsel in his own defense. Within twenty days after the completion of such investigation or hearing or sooner, if practicable, the commission shall make its findings and conclusions which shall be forthwith certified to and enforced by the appointing authority. The commission may, in its discretion, after making its investigation of the charges against said employe affected, order said employe to be reinstated without holding any further inquiry or hearing. The commission shall have the authority, after its disapproval of the removal, discharge or reduction in pay or position of the employe affected, to restore pay to the employe for the period of such removal, discharge or reduction in pay or position.

No police officer or fireman, except those dismissed during probationary period, shall be removed or discharged, except for cause, upon written charges, and after an opportunity to be heard in his own defense. Such charges may be filed by any superior officer or by any citizen or taxpayer, and shall, within thirty days after filing, be heard, investigated, and determined by the commission or by one of the commissioners or by some person or board appointed by the commission to hear, investigate, and determine the same. Where one person is appointed by the commission to hear such charges, he shall be a person learned in the law. Where a board is appointed to hear such charges, at least one member of such board shall be learned in the law. The hearing shall be public, and the accused and his counsel shall have the right to be heard.

The finding and decision of the commission or commissioner or of such person or board, when approved by the commission, shall be certified to the appointing authority, and shall be forthwith enforced by such authority.

Nothing herein contained shall limit the power of any superior officer to suspend a subordinate for a reasonable period, not exceeding thirty days, pending hearing and decision. Every such suspension shall be without pay: Provided, however, That the commission shall have authority to investigate every such suspension, and, in case of its disapproval, it shall have power to restore pay to the employe so suspended.

All papers filed in any hearing under this section shall be public records of the commission.

53 P.S. § 12638

1919, June 25, P.L. 581, art. XIX, § 18. Amended 1941, July 29, P.L. 579, No. 245, § 1.