53 Pa. Stat. § 53321

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 53321 - Hearings on dismissals and reductions

If the person sought to be suspended, removed or reduced in rank shall demand a hearing by the commission, the demand shall be made to the commission. Such person may make written answers to any charges filed against him. The commission shall grant him a hearing which shall be held within a period of ten days from the filing of charges in writing, and written answers thereto filed within five days, and may be continued by the commission for cause or at the request of the accused. At any such hearing the person against whom the charges are made may be present in person and by counsel. The appointing officer or body may suspend any such person without pay, pending the determination of the charges against him, but in the event the commission fails to uphold the charges then the person sought to be suspended, removed or demoted shall be reinstated with full pay for the period during which he was suspended, and no charges shall be officially recorded against his record.

A stenographic record of all testimony taken at such a hearing shall be filed with, and preserved by, the commission which record shall be sealed and not available for public inspection in case the charges are dismissed.

In the event the commission shall sustain the charges and order the suspension, removal or reduction in rank, the person suspended, removed or reduced in rank shall have immediate right to appeal to the court of common pleas of the county, and the case shall be there determined as the court deems proper. No order or suspension made by the commission shall be for a longer period than a year. Such appeal shall be taken within sixty 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 a hearing and shall proceed to hear the appeal on the original record, and no such additional proof or testimony as the person sought to be removed or reduced in rank may desire to offer in evidence shall be permitted to be introduced. The decision of the courts affirming or reversing the decision of the commission shall be final, and the employee shall be suspended, discharged, demoted or reinstated according to the order of the court. The appointing officer and body, and the person sought to be suspended, removed or demoted shall at all times have the right to employ counsel before the commission, and the aggrieved party or parties shall have the right to appeal to the court of common pleas.

53 P.S. § 53321

1945, June 1, P.L. 1232, § 21. Amended 1971, June 3, P.L. 141, No. 6, § 1 (§ 509(a)(136)).