53 Pa. Stat. § 23496

Current through P.A. Acts 2023-32
Section 23496 - Selection of court; transcript of testimony to employee; decision of court; opportunity to reply; record filed with Civil Service Commission on removal, fine or suspension; public hearing; where removal overruled; record not open to public inspection

The members of such court of inquiry or trial shall be selected as follows: The director of the department of public safety shall in the presence of the employe charged and his brother officer or attorney at law acting as his counsel, as aforesaid, cause the names of at least fifty employes of the bureau of fire, who hold a position in the competitive class, equal or superior in rank to the employe under charges, 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 or other receptacle properly adapted for the drawing therefrom of names by law, as hereinafter provided. Said fifty names so deposited shall be provided as follows: The director of the department of public safety shall supply twenty-five thereof and the employe so charged shall supply twenty-five thereof. When said names shall have been so deposited in said box or receptacle, the same shall be thoroughly shaken by some disinterested person until said slips of paper shall have been thoroughly mixed, and thereupon such disinterested person shall draw therefrom singly and by law seven names, and the director of the department of public safety and the person so charged shall each in order be entitled to exercise alternate challenges until the names of three persons are left and said three persons shall compose said court either of trial or inquiry as the case may be. In the event that there should not be fifty employes of the bureau of fire holding positions in the competitive class, equal or superior in rank to the employe under charges, then the names of all such employes equal or superior in rank to the employe under charges shall be so placed in said box and drawn therefrom and said court of trial or inquiry selected in the manner hereinabove described or as nearly in such manner as may be possible in the circumstances. Any employe so charged may waive by his written consent the selection of a board by agreeing to the board that has already been chosen. Any employe so charged, if he shall demand it in writing, shall be furnished promptly without cost or expense to him, a transcript of the testimony taken before said court of inquiry or trial, duly certified by the official reporter.

After said decision of said court shall have been duly determined, certified in writing to the mayor and approved by the mayor in writing, the director of the department of public safety shall before imposing the penalty so determined, furnish the person so charged with a written statement of the reasons for his said action and shall afford the person so charged a period of at least five days within which to make reply thereto, if he so desires. In every case of such removal, discharge, suspension, reduction or fine, a copy of the statement of the reasons therefor, and the written answer thereto of the person so sought to be penalized, if any, together with a transcript of the proceedings and decision of said trial court shall be furnished forthwith to the Civil Service Commission and entered upon its records. If the employe affected shall demand it, the Civil Service Commission shall upon his written request therefor, grant him a public hearing, which hearing shall be held within a period of fifteen days from his said request. At such hearing, the burden of proof shall be upon the removing officer to justify his action. If the Civil Service Commission shall fail to sustain the action of the removing officer, the person sought to be removed shall be reinstated with full pay for the entire period during which he may have been prevented from performing his usual employment and no charges shall be recorded against him. A written record of all testimony taken at such hearing shall be kept and preserved by the Civil Service Commission, which record shall be sealed and not be available for public inspection unless an appeal be taken by the employe from the action of the commission. Any employe so charged, if he shall demand it in writing, shall be furnished promptly without cost or expense to him, a transcript of the testimony taken before said Civil Service Commission, duly certified by the official reporter. The court shall proceed to hear said appeal upon the record and no additional evidence shall be introduced. The power to suspend shall in no event be for minor or petty offenses or for political or religious reasons.

53 P.S. § 23496

1939, June 27, P.L. 1207, § 6. Amended 1966, Feb. 2, P.L. (1965) 1874, § 1. As affected 1978, April 28, P.L. 202, No. 53, § 2(a)[1222], effective June 27, 1980.