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Kurt E. Braun v. Borough of Millersburg

May 22, 2012

KURT E. BRAUN, APPELLANT
v.
BOROUGH OF MILLERSBURG



The opinion of the court was delivered by: President Judge Pellegrini

Argued: March 12, 2012

BEFORE: HONORABLE DAN PELLEGRINI, President Judge HONORABLE BERNARD L. McGINLEY, Judge (P.) HONORABLE JAMES GARDNER COLINS, Senior Judge

OPINION BY PRESIDENT JUDGE PELLEGRINI*fn1

Kurt E. Braun (Braun) appeals from an order of the Court of Common Pleas of Dauphin County (trial court) granting the preliminary objection filed by the Borough of Millersburg (Borough) to his complaint in which he claimed that his dismissal from his position as Chief of Police was improper. For the following reasons, we reverse the trial court‟s decision.

Braun was appointed the Chief of Police of the Borough in June 2002.

On January 1, 2009, the Borough Council voted to discharge Braun from his position for budgetary reasons. Braun filed an amended complaint alleging that his termination violated Section 1190 of the Borough Code (Code), 53 P.S. §46190,*fn2 in furloughing the Chief of Police for economic reasons when the provision of the Code expressly does not apply to the Chief of Police. Section 1190 of the Code, titled Removals, provides the following:

No person employed in any police or fire force of any borough shall be suspended, removed or reduced in rank except for the following reasons:

(1) Physical or mental disability affecting his ability to continue in service, in which case he shall receive an honorable discharge from service.

(2) Neglect or violation of any official duty.

(3) Violation of any law which provides that such violation constitutes a misdemeanor or felony.

(4) Inefficiency, neglect, intemperance, immorality, disobedience of orders, or conduct unbecoming an officer.

(5) Intoxication while on duty.

(6) Engaging or participating in conducting of any political or election campaign or otherwise than to exercise his own right of suffrage.

A written statement of any charges made against any person so employed shall be furnished to such person within five ...


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