Municipality of Kingston, PA
Luzerne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston: Art. I, 7-11-1977; Art. II, 3-6-1995 as Ord. No. 1995-12. Amendments noted where applicable.]
GENERAL REFERENCES
Administration — See Ch. 3.
Police Department — See Ch. 31.
Article I Joint Police Commission

§ 8-1 Existing boundaries and jurisdictions.

§ 8-2 General responsibility of Commission.

§ 8-3 Appointment of members; term of office.

§ 8-4 Officers.

§ 8-5 Meeting to elect officers.

§ 8-6 Regular business meetings.

§ 8-7 Special or rescheduled regular meetings.

§ 8-8 Quorum; procedure.

§ 8-9 Records to be kept.

§ 8-10 Apportionment of budget formula.

§ 8-11 Preparation of budget.

§ 8-12 Disposition of moneys.

§ 8-13 Filing of reports and statements; inspection.

§ 8-14 Supervision of Luzerne County police information records and retrieval system.

§ 8-15 Additional responsibilities.

§ 8-16 Joinder of additional municipalities.

§ 8-17 Interpretation of agreement.

§ 8-18 Withdrawal from agreement.

Article II Civil Service

§ 8-19 Title and application.

§ 8-20 Appointments; suspensions; removals.

§ 8-21 Civil Service Commission created; appointments; vacancies; compensation.

§ 8-22 Offices incompatible with Civil Service Commissioner.

§ 8-23 Organization of Commission; quorum.

§ 8-24 Clerks and supplies, etc.

§ 8-25 Rules and regulations.

§ 8-26 Minutes and records.

§ 8-27 Investigations.

§ 8-28 Subpoenas.

§ 8-29 General provisions relating to examinations.

§ 8-30 Application for examination.

§ 8-31 Rejection of applicant; hearing.

§ 8-32 Manner of filling appointments.

§ 8-33 Age; applicant's residence.

§ 8-34 Probationary period.

§ 8-35 Provisional appointments.

§ 8-36 Promotions.

§ 8-37 Physical examination.

§ 8-38 Removals.

§ 8-39 Hearings on dismissal and reductions.

§ 8-40 Employees exempted.

§ 8-41 Discrimination on account of political or religious affiliations.

§ 8-42 Violations and penalties.

§ 8-43 Police force and fire apparatus operators defined.

§ 8-44 Power to suspend, remove or reduce in rank.

§ 8-45 Limited repealer.

[Adopted 7-11-1977]

§ 8-1 Existing boundaries and jurisdictions.

All municipal boundaries of parties entering into this agreement shall remain in force, and all territorial jurisdictions of the police departments which come within the terms of this agreement shall remain the same as those presently in existence.

§ 8-2 General responsibility of Commission.

The Luzerne County police information records and retrieval system shall be under the general supervision of a Joint Commission, consisting of one representative from each municipality party to this agreement; provided that when additional municipalities become part of the Joint Police Commission, each such joining municipality shall have the same membership on the Commission as the municipalities then members of the Commission. The joining municipalities may determine the appointees by resolution and so notify the Commission at its organizational meeting.

§ 8-3 Appointment of members; term of office.

The governing bodies creating the Luzerne County police information records and retrieval system shall appoint their member of the Commission for a term of one year, said term to commence on the date of appointment.

§ 8-4 Officers.

The officers of the Commission shall be Chairman, Vice Chairman and Secretary-Treasurer.

§ 8-5 Meeting to elect officers.

The Commission shall meet on the second Monday of the month following the appointment of its members, as provided in § 8-3, for the purpose of electing officers for a term of one year, and in the event that such day is a legal holiday under the laws of the Commonwealth, then the organizational meeting of the Commission shall be held the next succeeding secular day not a legal holiday under the laws of the commonwealth, or at such other times as may be determined by resolution of the Commission.

§ 8-6 Regular business meetings.

The members of the Commission shall meet on the first Monday of every month for the purpose of conducting the business of the Commission, and in the event that such day is a legal holiday under the laws of the Commonwealth of Pennsylvania, then such meeting shall be held the next succeeding secular day not a legal holiday under the laws of the commonwealth, or at such other time as may be determined by resolution of the Commission.

§ 8-7 Special or rescheduled regular meetings.

Special or rescheduled regular meetings of the Commission may be scheduled by appropriate resolution of the Commission, fixing the date, time and place of such meeting. Special or rescheduled meetings may be called by the Chairman or, if more than two municipalities are parties to this agreement, at the written request of any two or more members of the Commission. The call and the request, if any, shall state the purpose of the meeting. The meeting shall be held at such date, time and place as shall be designated in the call of the meeting. Written notice of each such special or rescheduled meeting shall be given at least one day prior to the day named for the meeting to each member of the Commission who does not waive such notice in writing.

§ 8-8 Quorum; procedure.

A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of business, and the acts of a majority of the members present at a meeting at which a quorum is present shall be the action of the Commission. Voting on all questions shall be taken by a show of hands or voice vote; provided, however, that the Chairman may, on his own motion or shall at the request of any member, cause a vote to be taken by roll call. The parliamentary procedure of the Commission shall be governed by Robert's Rules of Order, Revised Edition.

§ 8-9 Records to be kept.

The Commission shall maintain an accurate record of the minutes of the meetings, regular or special, and other records and, provided, further, that such minutes and records shall, at reasonable times, be open for inspection by any citizen of the Commonwealth of Pennsylvania.

§ 8-10 Apportionment of budget formula.

The Joint Municipal Commission shall apportion the annual budget appropriations among the municipalities parties to this agreement as follows: 100% on the basis of the percentage its population, as determined by each decennial United States census, bears to the total combined population of the municipalities parties to the agreement.

§ 8-11 Preparation of budget.

The Joint Municipal Commission shall prepare an annual budget which shall be submitted for consideration and approval to each of the participating governing bodies not later than October 1, and if such approvals have not been consummated, the prior year's budget shall be operative until such approvals are given to the Commission. Each municipality party to this agreement shall release to the Commission proportionate shares of the annual budget appropriations quarterly by the first day of January, April, July and October of each year.

§ 8-12 Disposition of moneys.

All moneys of the Commission, from whatever source derived, shall be paid to the Treasurer of the Commission. Said moneys shall be deposited by the Treasurer in a special account, to the extent the same is not insured, it shall be continuously secured by a pledge of direct obligation of the United States of America, or of the commonwealth, having an aggregate market value at all times at least equal to the balance on deposition of such an account. The moneys in said account shall be paid out on the warrant or other order of the Treasurer on the Commission, or of such other person as the Commission may authorize to execute such warrants or orders. The Treasurer of the Commission shall give bond in such specific amount as approved by the Commission and shall be reissuable at each election of Commission officers, and the premiums shall be paid by the Commission.

§ 8-13 Filing of reports and statements; inspection.

The Commission shall file an annual written report covering its police work with the Department of Community Affairs and with the municipalities creating the Commission by February 15 of each year. The Commission shall have its books, accounts and records studied annually by a certified public accountant and a copy of his audit report shall be attached to and be made a part of the aforesaid annual report. A concise financial statement shall be publicized annually, at least once in a newspaper of general circulation in the joining municipalities. If the Commission fails to make such an audit, then the Comptroller, auditors or accountants designated by any one or all of the joining municipalities shall be authorized from time to time to examine the books of the Commission, including its receipts, disbursements, sinking funds, investments and any other matters relating to its financing and affairs. The Attorney General of the Commonwealth of Pennsylvania shall have the right to examine the books, accounts and records of the Commission.

§ 8-14 Supervision of Luzerne County police information records and retrieval system.

The Joint Municipal Commission shall supervise and direct all of the Luzerne County police information records and retrieval system.

§ 8-15 Additional responsibilities.

All appointments, removals, promotions and suspensions shall be made by the Joint Municipal Commission.

§ 8-16 Joinder of additional municipalities.

Additional municipalities may become parties to this agreement upon application to the Joint Municipal Commission, approval of all the then-participating municipalities and upon proper acceptance of the provisions of the agreement by the applicant municipality.

§ 8-17 Interpretation of agreement.

All differences arising out of interpretation of the agreement shall be resolved by the Joint Municipal Commission, if the dispute over interpretation is not resolved within 60 days, by a vote of the participating municipalities, each body casting one vote as determined by majority in each governing body.

§ 8-18 Withdrawal from agreement.

A. 
Withdrawal from this agreement by any single party to it shall not terminate this agreement among the remaining parties.
B. 
Withdrawal from this agreement can only be effected upon written notice by any party of not less than six months and setting forth the date of termination.
C. 
Should the budget liability of the Municipality of Kingston appear to be endangered beyond the sum of $2,500 for the first year, withdrawal from this agreement can be effected in writing on 10 days' notice.
[Adopted 3-6-1995 by Ord. No. 1995-12]

§ 8-19 Title and application.

This Article shall be known as "the Civil Service Ordinance for the Municipality of Kingston" and apply in all aspects dealing with the Police and Fire Department effective upon becoming law in the municipality. Furthermore, this Article shall not apply to the police force of the municipality, if at any time hereinafter it has fewer than three members, or if the police force has three or more members if those members in excess of two are appointed on a temporary basis through a federally funded program. This Article shall not apply to a volunteer fire department or companies employing their own operators or to the fire department if it has fewer than three salaried operators of fire apparatus. This Article is subject to the municipality to determine compensation of the police and firemen.

§ 8-20 Appointments; suspensions; removals.

[Amended 7-1-2002 by Ord. No. 2002-3]
Hereinafter each and every appointment to and promotion in the police force or as fire apparatus operators paid directly by the municipality shall be made only according to qualifications and fitness to be ascertained by examinations which shall be competitive as hereinafter provided. No person shall hereafter be suspended, removed or reduced in rank as a paid employee in any police force or as a paid operator of fire apparatus except in accordance with the provisions of this Article as hereinafter specified. However, nothing in this Article shall apply to retirement, nor shall anything herein prevent the municipality from adopting a compulsory retirement age for its employee or for any class or classes thereof, and from retiring all such employees automatically when they reach such age. Nothing in this article shall contravene the power of the Mayor set forth at Charter § 303F.

§ 8-21 Civil Service Commission created; appointments; vacancies; compensation.

A. 
There is hereby created a Civil Service Commission, hereinafter referred to as "Commission," in the Municipality of Kingston. The Commission shall consist of three Commissioners who shall be qualified electors of the municipality and shall be appointed by the Town Council initially to serve for the terms of two, four and six years and, as terms thereafter expire, shall be appointed for terms of six years.
B. 
Any vacancy occurring on the Commission for any reason whatsoever shall be filled by the Town Council for the unexpired term within the period of 30 days after such vacancy occurs.
C. 
Each member of the Commission created by this subsection, before entering upon the discharge of the duties of his or her office, shall take an oath or affirmation to support the Constitution of the United States and the Commonwealth of Pennsylvania and to perform his or her official duties with fidelity, together with such loyalty oath as is prescribed and required by law. The Civil Service Commissioners shall receive no compensation.

§ 8-22 Offices incompatible with Civil Service Commissioner.

No Commissioner shall at the same time hold an elective or appointed office under the United States Government, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth, except that one member of the Commission may be a member of the Town Council of the Municipality of Kingston and one may be a member of the teaching profession.

§ 8-23 Organization of Commission; quorum.

The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as Chairman and one as Secretary. The Commission shall thereafter meet and organize on the fist Monday of February of each even-numbered year. The Secretary of the Commission shall give each Commissioner 24 hours' notice, in writing, of each and every meeting of the Commission. Two members of the Commission shall constitute a quorum, and no action of the Commission shall be valid unless it shall have the concurrence of at least two members.

§ 8-24 Clerks and supplies, etc.

The municipality shall furnish to the Commission, upon its requisition, such clerical assistance as may be necessary for the work of the Commission. The municipality shall provide a suitable and convenient room for the use of the Commission. The Commission shall order from the municipality the necessary stationary, postage, printing and supplies, and the elected and appointed officials of the municipality shall aid the Commission in all proper ways in carrying out the provisions of this article relating to Civil Service.

§ 8-25 Rules and regulations.

[Amended 4-3-1995]
The Commission shall have the power to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of this article, and shall be governed thereby. Before any such rules and regulations are enforced, the same shall be first approved by the Mayor and Town Council of the Municipality of Kingston. When such rules and regulations have been so approved, they shall not be annulled, amended or added to without the approval of the Mayor and Town Council of the Municipality of Kingston. All rules and regulations and modifications thereof shall be made available by the municipality for public distribution or inspection.[1]
[1]
Editor's Note: The current rules and regulations, adopted 7-6-1999 by Ord. No. 1999-6, as amended in its entirety 7-1-2002 by Ord. No. 2002-3, are on file in the Office of the Administrator.

§ 8-26 Minutes and records.

The Commission shall keep minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all such records and all written causes of removal filed with the Commission, except as otherwise provided herein, shall be open to public inspection and subject to reasonable regulation.

§ 8-27 Investigations.

The Commission shall have the power to make investigations concerning all matters touching the administration and enforcement of this article and rules and regulations adopted hereunder. The Chairman of the Commission is hereby given power to administer oaths and affirmations connected with such investigations.

§ 8-28 Subpoenas.

A. 
The Commission shall have the power to issue subpoenas over the signature of the Chairman, to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the Commission.
B. 
All officers in public service and employees shall attend and testify when required to do so by the Commission.
C. 
If any person shall refuse or neglect to obey any subpoena issued by the Commission, he shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not to exceed $100, and in default of the payment of such fine and costs, shall be imprisoned not to exceed 30 days.
D. 
If any person shall refuse or neglect to obey any subpoena issued by the Commission, it may apply by petition to the Court of Common Pleas of the County for its subpoena, requiring the attendance of such persons before the Commission or the Court there to testify and to produce any records and papers necessary, and, in default thereof, shall be held in contempt of court.

§ 8-29 General provisions relating to examinations.

A. 
The Commission shall make rules and regulations, to be approved as provided in this article, providing for the examination of applicants for positions in the police force and as paid operators of fire apparatus and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades. All examinations for positions or promotions shall be practical in character and shall relate to such matters and include such inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations. Each applicant shall be subject to the regulations adopted by the Commission and shall be required to submit to a physical examination as provided for hereinafter.
B. 
Public notice of the time and place of every examination, together with the information as to the kind of position or place to be filled, shall be given by publication once in a newspaper of general circulation in the municipality, at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the Commission or other public place.
C. 
The Commission shall post in its office the eligible list, containing the names and grades of those who have passed the examination. Persons, male or female, who served in the military or naval service of the United States during any war in which the United States has been, is now or shall hereafter be engaged and who have honorable discharges from such service, who have successfully passed the examination, shall be given additional credits and preference in appointment and promotion provided for by law.

§ 8-30 Application for examination.

Each person desiring to apply for examination shall file with the Commission a formal application in which the applicant shall state under oath or affirmation:
A. 
His full name and residence or post address;
B. 
His citizenship, place and date of birth;
C. 
His condition of health and physical capacity for public service;
D. 
His business or employment and his residence for the past five years; and
E. 
Such other information as may be required by the Commission's rules and regulations, showing the applicant's qualifications for the position for which he is being examined.

§ 8-31 Rejection of applicant; hearing.

A. 
The Commission may refuse to examine, or if examined, may refuse to certify after examination as eligible, any applicant who is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which he or she has applied, or who is physically disabled and unfit for the performance of the duties of the position to which he or she seeks employment, or who is addicted to the habitual use of intoxicating liquors or narcotic drugs, or has been guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct of office, or who is affiliated with any group whose policies or activities are subversive to the form of government set forth in the constitutions and laws of the United States and Pennsylvania.
B. 
If any applicant or other person feels aggrieved by the action of the Commission, in refusing to examine him or her or to certify him or her as eligible after examination, the Commission shall, at the request of such person, within 10 days, appoint a time and place where he or she may appear personally and by counsel. Whereupon the Commission shall then review its refusal to make such examination or certification and take such testimony as may be offered. The decision of the Commission shall be final.

§ 8-32 Manner of filling appointments.

[Amended 4-3-1995]
A. 
Except as provided in Subsection B, every original position or employment in the police force or as paid operators of fire apparatus, except that of Chief of Police or Chief of the Fire Department, or equivalent position, shall be filled only in the following manner: the Mayor shall notify the Commission of any vacancy which is to be filled and shall request the certification of a list of eligibles. The Commission shall certify for each existing vacancy from the eligible list, the names of three persons thereon, or a lesser number where three are not available, who have the highest average. The Mayor shall thereupon, with sole reference to the merits and fitness of the candidates, make an appointment from the three names certified, unless they make objections to the Commission as to one or more of the persons so certified for any of the reasons stated in § 8-31 of this Article. Should such objections be sustained by the Commission, as provided in said section, the Commission shall thereupon strike the name of such person from the eligible list and certify the next highest name for each name stricken off. As each subsequent vacancy occurs in the same or another position, the same procedure shall be followed.
B. 
Any vacancy in an existing position in the police force or as a paid operator of fire apparatus which occurs as a result of retirement, resignation, disability or death may be filled by the Mayor by the reappointment or reinstatement of a former employee of the police force or Fire Department who had previously complied with the provisions of this section. No examination, other than a physical examination as directed by the Civil Service Commission, shall be required in any case of reappointment or reinstatement.
C. 
In the case of a vacancy in the office of the Chief of Police or Chief of the Fire Department, or equivalent official, the Mayor may nominate a person to the Commission. It shall thereupon become the duty of the Commission to subject such person to a noncompetitive examination, and if such person shall be certified by the Commission as qualified, he or she may then be appointed to such position, and thereafter shall be subject to all provisions of this subdivision.

§ 8-33 Age; applicant's residence.

[Amended 4-3-1995]
No person shall be eligible to apply for examination unless he or she is at least 18 years of age at the date of application. An applicant need not be a resident of the municipality. The Mayor may authorize the Commission, by rule or regulation, to require policemen and firemen to become residents of the municipality after appointment to such positions.

§ 8-34 Probationary period.

[Amended 4-3-1995]
All original appointments to any position in the police force or as paid operators of fire apparatus shall be for a probationary period of not less than six months, and not more than one year, but during the probationary period an appointee may be dismissed only for a cause specified in § 8-31 of this Article. If at the close of a probationary period the conduct or fitness of the probationer has not been satisfactory to the Mayor, the probationer shall be notified, in writing, that he will not receive a permanent appointment. Thereupon, his appointment shall cease; otherwise his retention shall be equivalent to a permanent appointment.

§ 8-35 Provisional appointments.

[Amended 4-3-1995]
Whenever there are urgent reasons for the filling of a vacancy in any position in the police force and there are no names on the eligible list for such appointment, the Mayor may nominate a person to the Commission for noncompetitive examination, and if such nominee shall be certified by the Commission as qualified after such noncompetitive examination, he or she may be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission within three weeks to hold a competitive examination and certify a list of eligibles, and a regular appointment shall then be made from the name or names submitted by the Commission; provided that nothing herein contained shall prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergency or as operators of fire apparatus in emergency cases.

§ 8-36 Promotions.

[Amended 4-3-1995]
A. 
Promotions shall be based upon merit to be ascertained by examinations to be prescribed by the Commission. All questions relative to promotions shall be practical in character and such as will fairly test the merit and fitness of persons seeking promotion.
B. 
The Mayor shall have the power to determine in each instance whether an increase in salary shall constitute a promotion.
C. 
Nothing in this article shall contravene the power of the Mayor set forth at Charter § 303F.
[Added 7-1-2002 by Ord. No. 2002-3]

§ 8-37 Physical examination.

All applicants for examination shall undergo a physical examination, either before or after the written examination, which shall be conducted under the supervision of a physician appointed by the Commission. No person shall be eligible for appointment until such physician certifies that the applicant is free from any bodily or mental defect, deformity or disease that might incapacitate him for the discharge of the duties of the position desired.

§ 8-38 Removals.

[Amended 4-3-1995]
A. 
No person employed in the police or fire shall be suspended, removed or reduced in rank except for the following reasons:
(1) 
Physical or mental disability affecting his or her ability to continue in service, in which cases the person shall receive an honorable discharge from service.
(2) 
Neglect or violation of any official duty.
(3) 
Violation of any law which provided 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 otherwise than to exercise his own right of suffrage.
B. 
A person so employed shall not be removed for religious, racial or political reasons. A written statement of any charges made against any person so employed shall be furnished to such person within five days after the same are filed with the Civil Service Commission.
C. 
If for the reasons of economy or other reasons it shall be deemed necessary by the municipality to reduce the number of paid employees of the police or fire force, then the municipality shall apply the following procedure if there are any employees eligible for retirement under the terms of any retirement or pension law, if the party to be retired exceeds the maximum age as defined in the act of October 27, 1955 (P.L. 744, No. 222), known as the "Pennsylvania Human Relations Act,"[1] then such reduction in numbers shall be made by retirement of such employees, starting with the oldest employee and following in order of age respectively; if the number of paid employees in the police force or fire force eligible for retirement is insufficient to effect the necessary reduction in numbers, or if there are no persons eligible for retirement, or if no retirement or pension fund exists, then the reduction shall be effected by furloughing the person or persons, including probationers, last appointed to the respective force. Such removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until such reduction shall be accomplished. In the event that the said police force or fire force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in the service. The provisions of this subsection as to reductions in force are not applicable to a Chief of Police or Fire Chief.
[1]
Editor's Note: See 43 P.S. § 951, et seq.
D. 
Nothing in this article shall contravene the power of the Mayor set forth at Charter § 303F.
[Added 7-1-2002 by Ord. No. 2002-3]

§ 8-39 Hearings on dismissal and reductions.

[Amended 4-3-1995]
A. 
If the person suspended, removed or reduced in rank shall demand a hearing by the Commission, the demand shall be made to the Commission. Such persons may make written answers to any charges filed against him or her not later than the day fixed for hearing. The Commission shall grant him or her a hearing which shall be held within a period of 10 days from the filing of charges, in writing, unless continued by the Commission for cause at the request of the Mayor or the accused. At any such hearing, the person against whom the charges are made may be present in person and by counsel. The Mayor may suspend any such person, without pay, pending the determination of the charges against him or her, but in the event that 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 or she was suspended, removed or demoted, and no charges shall be officially recorded against his or her record. A stenographic record of all testimony taken at such hearings shall be filed with, and preserved by, the Commission, which record shall be sealed and not be available for public inspection in the event that the charges are dismissed.
B. 
All parties concerned shall have the immediate right of appeal to the Court of Common Pleas of the County, and the case shall there be determined as the Court deems proper. No order of suspension made by the Commission shall be for a longer period than one year. Such appeal shall be taken within 30 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 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 employee shall be suspended, discharged, demoted or reinstated in accordance with the order of Court.
C. 
The Mayor and 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.

§ 8-40 Employees exempted.

All appointments in the police or fire forces of the municipality, including the Chief of Police or equivalent official, prior to the creation of this Commission, shall continue to hold their positions and shall not be required to take any examination under the provisions of this Article, except such as may be required for promotion; provided that this section shall not be construed to apply to persons employed temporarily in emergency cases.

§ 8-41 Discrimination on account of political or religious affiliations.

A. 
No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affirmations of any applicant, nor shall inquiry be made concerning such opinion or affiliations, and all disclosures thereof shall be discountenanced.
B. 
No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of political or religious opinions or affiliations of race, and no offer or promise or reward, favor or benefit, directly or indirectly, shall be made to or received by any person for any act done or duty omitted or to be done under this Article.

§ 8-42 Violations and penalties.

[Amended 4-3-1995]
Any person who causes to be appointed any person to the police force, Fire Department or as a fire apparatus operator contrary to the provisions of this Article, or if the Mayor or any member of the Commission willfully refuses to comply with, or conform to, any provisions of this Article, he or she shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine not exceeding $1,000, or suffer imprisonment not exceeding three months, or both.

§ 8-43 Police force and fire apparatus operators defined.

A. 
"Police force," as used in this Article, shall mean a police force organized and operating as prescribed by law, the members of which devote their normal working hours to police duty or duty in connection with the bureau, agencies and services or compensation for protection work, and who are paid a stated salary or compensation for such work by the municipality. "Police force," as used in this Article, shall not include:
(1) 
Any special police appointed by the Mayor to act in emergencies;
(2) 
Any person appointed solely for parking meter enforcement duties;
(3) 
Any special school police;
(4) 
Any extra police serving from time to time or on an hourly or daily basis; or
(5) 
Any auxiliary policemen appointed under the act of January 14, 1952 (P.L. 2016).
B. 
"Fire apparatus operators," as used in this Article, shall mean any person who operates fire apparatus and devotes his or her normal working hours to operating any piece of fire apparatus or other services connected with fire protection work, and who is paid a stated salary or compensation for such work done by the municipality.

§ 8-44 Power to suspend, remove or reduce in rank.

[Amended 4-3-1995]
A. 
The power to suspend, remove or reduce in rank a police or Fire Department employee/fire apparatus operator covered under this Article shall be vested in the Mayor. In addition, the Mayor may, for cause and without pay, suspend any policemen or firemen/fire apparatus operators. Prior to suspending a person without pay, the Mayor shall give written notice to the individual of the charges or accusations that will serve as a basis for the suspension without pay and afford the person the opportunity to explain or respond to the charges which will serve as a basis for the suspension without pay prior to imposing the same.
B. 
The Mayor shall have power to delegate all powers under this Article to the Municipal Administrator as provided for in Section 303F of the Home Rule Charter.

§ 8-45 Limited repealer.

All ordinances or parts of ordinances conflicting with any of the provisions of this Article are hereby repealed as to their applicability to police and firemen only.