§ 1951. Hearings on dismissals and demotions.

715 words·~3 min read·/pa/title-73/chapter-19/1951

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(a)Answers and hearings.-- An individual suspended, removed or demoted may make written answers to charges filed against the individual no later than the day scheduled for the hearing. The civil service commission shall grant the individual a hearing which shall be held within a period of 10 days from the filing of written charges, unless continued by the civil service commission for cause at the request of the board of commissioners or the accused. The failure of the civil service commission to hold a hearing within 10 days from the filing of the written charges may not result in the dismissal of the charges filed.

(b)Suspension without pay.-- At a hearing, the individual against whom the charges are made may be present in person and by counsel. The board of commissioners, or the chief of police or fire chief, as applicable, when the board of commissioners is not in session, may suspend the individual without pay pending the determination of the charges against the individual. The following shall apply:

(1)If the civil service commission fails to uphold the charges, the individual sought to be suspended, removed or demoted shall be reinstated with full pay for the period during which the individual was suspended, removed or demoted, and no charges shall be officially recorded against the individual's record.

(2)A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the civil service commission.

(3)The stenographic record shall be sealed and not be available for public inspection if the charges are dismissed.

(c)Appeal.-- All parties shall have immediate right of appeal to the court of common pleas of the county and the case shall be determined as the court deems proper. No order of suspension made by the civil service commission shall be for a longer period than one year. The appeal shall be taken within 30 days from the date of entry by the civil service commission of the final order and shall be by petition. Upon the appeal being taken and docketed, the court of common pleas shall schedule a day for a hearing and shall proceed to hear the appeal on the original record and additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or reversing the decision of the commission shall be final and the employee shall be suspended, discharged, demoted or reinstated in accordance with the order of the court.

(d)Counsel.-- The board of commissioners and the individual sought to be suspended, removed or demoted shall at all times have the right to employ counsel before the civil service commission and upon appeal to the court of common pleas. Unless the board of commissioners or the individual sought to be suspended, removed or demoted requests that the proceedings before the commission be open to the public, the proceedings before the commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the civil service commission before the civil service hearing commences. The deliberations of the civil service commission, including interim rulings on evidentiary or procedural issues, may be held in private and may not be subject to a request for being open to the public by the board of commissioners or the individual sought to be suspended, removed or demoted. The civil service commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings).

(e)Collective bargaining members.-- In a case in which a police officer or firefighter who is a member of a bargaining unit is subject to suspension, discharge or discipline, the police officer or firefighter shall have the option of challenging the suspension, discharge or discipline imposed by using the procedures in this section or by a proceeding in grievance arbitration. A choice to proceed either by the procedures provided for in this section or by grievance arbitration forecloses the opportunity to proceed in the alternative method.

73c1951v

Cross References. Section 1951 is referred to in sections 1937, 1946, 1950 of this title.

73c1952s