Section 4518 - Reducing in rank; suspension; furloughing; discharging(a) No person employed in a county police force shall be reduced in rank (except superintendent of police), suspended, furloughed or discharged, and no fireman or fire inspector (except fire chief or chief fire inspector) shall be suspended, furloughed or discharged, except for the following reasons: (1) neglect or violation of any official duty; (2) violation of any law of this Commonwealth which provides that such violation constitutes a misdemeanor or a felony; (3) inefficiency, except as hereinafter provided, wilful disobedience of orders, or conduct unbecoming a police officer; (4) drinking of intoxicating liquor while on duty or the use of which renders him unfit for duty when called upon.(b) In every case of reduction of rank (except that of superintendent of police), 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 the written request for a hearing, the commission shall arrange for the hearing within ten days from receipt of such request. At such hearing, the person against whom the charge or reason is made may be present in person and by counsel, and the burden shall be upon the party making such charges or reasons to justify his action.(d) In the event the commission fails to uphold the action of the party who made the charges or reasons, then the person against whom the charges were preferred shall be paid in full his salary for the time he may have been prevented from performing his usual employment as a police officer or as a fireman or fire inspector, and no record of the case shall be placed against his service record in the police force or as fireman or fire inspector.(e) If, in the case of demotion of any employe (except that of superintendent of police), the charges or reasons are sustained, then such person shall not be reverted below his seniority standing on the roster of the grades of patrolman in the police force.(f) A written record of all testimony shall be taken at each hearing held by the commission, and such records shall be sealed and not available to public inspection in the event no appeals are taken from the action of the commission.(g) In the event the commission shall sustain the party who preferred the charges or reasons, then the party against whom the charges or reasons were made shall have 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 de novo on the original record, and the employe shall be reduced, suspended, furloughed or discharged, in accordance with the order of the court.(h) In cases where a member of a county police force whose duties are those of an outside policeman is found to be physically unfit to perform such duties due to an infirmity resulting from the performance of his duties as a policeman, or whenever any such member has served for a period of twenty years and is at least fifty years of age, such member, upon application to the board of county commissioners, if there is any vacancy existing in the number of building policemen, building guards or other positions, the responsibility of which is building protection or security, as set forth in the budget of the county, shall be assigned to inside work as building policeman or other special duties and be paid such compensation as shall be fixed by the salary board for building policemen. Where more applications are made and filed than there are vacancies existing, such assignments shall be made first to applicants found to be physically unfit and secondly to applicants in order of their seniority in service. Where two or more applicants have equal seniority in service, assignments shall be determined by the alphabetical order of the first letter of the surname of the applicants. As vacancies occur, assignments shall be made according to a seniority list determined as aforesaid.1953, July 28, P.L. 723, art. XV, § 1518. Amended 1955, July 27, P.L. 284, § 1, imd. effective; 1963, Aug. 13, P.L. 662, § 3, effective 1/1/1964; 1986, July 10, P.L. 1394, No. 120, § 2, effective in 60 days.