Section 4221.10 - Reducing in rank; suspension; furloughing; discharging(a) No deputy sheriff covered by this act shall be reduced in rank, suspended, furloughed or discharged, except for the following reasons: (i) neglect or violation of official duty, (ii) violation of a law of this Commonwealth which provides that such violation constitutes a misdemeanor or a felony, (iii) inefficiency, except as hereinafter provided, wilful disobedience of orders, or conduct unbecoming a police officer, (iv) drinking of intoxicating liquor while on duty or the use of which renders him unfit when called upon for duty.(b) In every case of reduction of rank, suspension, furlough or discharge, a copy or statement of the reasons therefor and written answers thereto shall be furnished to the person sought to be reduced in rank, suspended, furloughed or discharged if he shall make demand therefor. He shall have the right to appeal to the commission for a hearing on the reasons or charges preferred against him within ninety days of the date of service of a copy or statement of the reasons or charges.(c) Upon receipt of a written request for a hearing, the commission shall arrange for the hearing within ten days therefrom. The person against whom the charge is made may be present in person and by counsel and the burden shall be upon the party making the charges to justify his action.(d) In the event the commission fails to uphold the action of the party who made the charge then the person against whom the charge was preferred shall be paid his salary for the time he may have been prevented from performing his usual employment as a deputy sheriff and no record of the case shall be made a part of his service record.(e) A written stenographic record of all testimony shall be taken at each hearing held by the commission and the records thereof shall be sealed and not be available to public inspection in the event no appeals are taken from the action of the commission: Provided, however, That the party against whom charges have been brought shall have the right, upon request, to a public and open hearing.(f) If the commission sustains the party who preferred the charge, the party against whom the charge was made shall have an immediate right of appeal to the court of common pleas of the county. Such appeal shall be taken within the period of ninety days from the date of entry by the commission of its final order and shall be by petition. Upon such appeal being taken and docketed, the court of common pleas shall fix a day for the hearing and proceed to hear the appeal on the original record and such additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or revising the decision of the commission shall be final and the employe shall be suspended, discharged, demoted or reinstated in accordance with the order of the court. The person sought to be suspended, removed or demoted shall at all times have the right to employ counsel before the commission and upon appeal to the court of common pleas and shall have the further right of appealing to the Commonwealth, Superior and Supreme Courts in the manner provided by law.
1974, May 31, P.L. 296, No. 94, § 10, imd. effective. Amended 1986, July 3, P.L. 387, No. 83, § 1, effective in 60 days.