Municipal corporations — Cities of the third class — Employees — Suspension and discharge — Suspension by director of department pending hearing of charges against employees — Subsequent discharge — Act of June 23, 1931, P. L. 932.
1. Under section 4408 of the Act of June 23, 1931, P. L. 932, regulating the suspension and discharge of employees of a city of the third class under civil service regulations, the mayor, as head of the police department, may suspend a policeman pending action by the council upon charges made against such employee. [583]
2. Such power of the mayor is not limited by the further provision in section 4408 that the director of each department may, for misconduct or violation as therein stated, suspend any employee of his department for a period of ten days, without preferring charges and without a hearing of council. [583-4]
3. Suspension of an employee for a stated time, and further suspension, pending hearing by the city council of charges against the employee, and subsequent discharge of the employee after hearing, do not constitute double punishment for the same offense. [584]
4. Section 4408 of the Act of 1931 is not penal but regulatory. [584]
Argued January 9, 1936.
PER CURIAM, March 23, 1936:
The order dismissing the writ of alternative mandamus is affirmed at appellant's cost on the part of Judge HENRY'S opinion appearing in the Reporter's notes.