Borough of Collingdale, PA
Delaware 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 Borough Council of the Borough of Collingdale 3-19-1979 by Ord. No. 505 (Ch. 1, Part 2D, of the 1987 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Police pension — See Ch. 63, Art. I.

§ 71-1 Department.

[Amended 10-5-1987 by Ord. No. 568]
There is operated within the Borough of Collingdale an organization known as "the Police Department of the Borough of Collingdale."

§ 71-2 Positions.

[Amended 10-5-1987 by Ord. No. 568]
The Borough Council of the Borough of Collingdale may appoint the following positions, at its sole discretion:
A. 
Police Chief.
B. 
Sergeant of Police.
C. 
Corporal.
D. 
Patrolman.
E. 
Patrolman I.
F. 
Probationary patrolman.
G. 
Part-time patrolman.

§ 71-3 Probationary positions.

The positions of Probationary Patrolman and Patrolman I shall each be for a one-year period, with Probationary Patrolman constituting the first entry-level position in the Police Department and the position of Patrolman I the second. Each such period must be successfully completed by each candidate prior to receiving the rank of patrolman, and each such individual shall be reviewed by the Borough Council at the conclusion of each yearly period as a Patrolman I or Probationary Patrolman so as to determine his or her performance as a police officer.

§ 71-4 Chief of Police.

The Chief of Police shall have supervision over all officers and members thereof. The Sergeant of Police shall be the next highest ranking officer and shall act as the Chief of Police when the Chief of Police is unable to do so, and each member of the police force shall obey his orders and directions as they would that of the Chief of Police.

§ 71-5 Special regulations.

The Mayor of the Borough of Collingdale or the Chief of Police when the Mayor so approves may make or prescribe such rules and regulations as deemed desirable or necessary for the operation of the Police Department.

§ 71-6 Compensation.

The compensation of the Chief of Police, Sergeant and Patrolman shall be such as provided by the Borough Council by appropriate resolutions and/or ordinances.

§ 71-7 Compensation of probationary positions.

[Amended 10-5-1987 by Ord. No. 568]
The compensation of Patrolman I and Probationary Patrolman shall be as follows, except as may be modified by the Borough Council by appropriate ordinances and/or resolutions:
A. 
Probationary patrolmen shall receive compensation at the rate of 50% of the patrolman's annual salary and, in addition, shall receive all other benefits provided to patrolmen, except that the Borough shall pay no more than 50% of the costs of any medical benefits afforded patrolmen (i.e., Blue Cross, Blue Shield, major medical, vision and prescription benefits).
B. 
Patrolmen I shall receive compensation at the rate of 75% of the patrolman's annual salary and, in addition, shall receive all other benefits provided to patrolmen, except that the Borough shall pay no more than 75% of the costs of any medical benefits afforded patrolmen (i.e., Blue Cross, Blue Shield, major medical, vision, prescriptions).

§ 71-8 Applicability.

The statutes and provisions of the Commonwealth of Pennsylvania, including, but not limited to, the Borough Code of the Commonwealth of Pennsylvania, shall in all respects govern the operation of the Police Department, including, but not limited to, promotion, suspension, demotion and dismissal of members of the Police Department.

§ 71-9 Part-time patrolman.

[Added 10-5-1987 by Ord. No. 568]
Any individual who routinely performs the function of a patrolman less than 40 hours per week shall be deemed to be a part-time patrolman and shall be paid such compensation as the Borough Council shall determine from time to time.

§ 71-10 Management of Police Department.

[Added 10-5-1987 by Ord. No. 568]
The management of the Collingdale Police Department and the rights and responsibilities and duties associated therewith shall vest exclusively in the Borough Council and/or the Borough Mayor as provided by the Borough Code[1] for the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Added 10-5-1987 by Ord. No. 568; amended 8-4-1997 by Ord. No. 612]

§ 71-11 Adoption of rules and regulations.

The Borough of Collingdale Police Civil Service Commission recommends the adoption of the following Civil Service Commission Rules and Regulations. These proposed rules and regulations are based upon the determination by the Police Civil Service Commission that police officers in the Borough of Collingdale must possess certain minimum qualifications to meet the needs of the law enforcement services to the residents of the Borough of Collingdale. The failure to meet the standards would render the police officer less effective in functioning in the capacity of a police officer in the Borough of Collingdale. These standards, relating to the ability of the applicant to function as a police officer, are based upon the requirements of the applicant as a police officer to properly serve the residents of the Borough of Collingdale. These minimum requirements are necessary for the effective functioning in the capacity of police officer in our community. These levels of education, training, experience and background relate to the ability of officers to properly function as police officers in the Borough of Collingdale.

§ 71-12 Definition of terms.

A. 
Definitions. Unless otherwise expressly stated, the following words and phrases, wherever used in this article, shall be construed to have the meanings indicated herein:
APPLICANT
Any individual who is applying for a position on the Borough of Collingdale Police Department by the rules outlined in this article.
BOROUGH COUNCIL or COUNCIL
The Council of the Borough of Collingdale.
BOROUGH SECRETARY OR MANAGER
The Secretary or Manager of the Borough of Collingdale.
CANDIDATE
Any individual who is a member of the Borough of Collingdale Police Department and is seeking promotion in accordance with the rules and regulations in this article.
CERTIFICATION
The submission to the appointing authority of names taken from the eligible list.
CHAIRMAN
The Chairman of the Civil Service Commission of the Borough of Collingdale.
COMMISSION
The Civil Service Commission of the Borough of Collingdale.
ELIGIBLE
A person whose name is recorded on a current eligible list or furlough list.
ELIGIBLE LIST
The lists of names of persons who passed all examinations for a particular position in the Police Department.
FURLOUGH LIST
A list of persons who are laid off from positions in the Police Department because of a reduction in the number of officers in the Police Department.
PROBATIONER
An officer in the Police Department who has been appointed from any eligible list, but who has not completed his work test period.
REDUCTION IN RANK
A change to a different position or rank which results in a decrease in salary; provided, however, that a decrease in salary without a change to a different position or rank shall not constitute a reduction in rank.
REMOVAL
The permanent separation of a police officer from the Police Department.
SECRETARY
The Secretary of the Civil Service Commission of the Borough of Collingdale.
SUSPENSION
The temporary separation of a member of the Police Department from his position.
B. 
Gender. The words "he," "his," "him" and "men," when used in this article, represent both the masculine and feminine genders.

§ 71-13 Civil Service Commission.

A. 
The Commission shall consist of three Commissioners, who shall be qualified electors of the Borough and shall be appointed by the Borough Council initially to serve for the terms of two and four years, and as terms thereafter expire shall be appointed for terms of four years. Any vacancy occurring in the Commission for any reason whatsoever shall be filled by the Borough Council for the unexpired term within the period of 30 days after such vacancy occurs. Each member of the Commission, 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 of the Commonwealth of Pennsylvania and to perform his or her official duties with fidelity. No Civil Service Commissioner shall receive compensation.
B. 
Officers. The Civil Service Commission of the Borough of Collingdale, on the first Monday of each even-numbered year, shall elect one of its members as the Chairman, one as Vice Chairman, and one as Secretary. If the first Monday is a legal holiday, the meeting shall be held the first day following. In the event that a vacancy occurs on the Commission, interim elections will be held within 45 days of the effective date of the vacancy.
C. 
Duties of the Chairman. The Chairman or, in his absence, the Vice Chairman shall preside at all meetings and hearings of the Commission, decide all points of order or procedure, and perform any duties required by law or this article.
D. 
Duties of the Secretary. The Secretary shall carry on, at the direction of the Commission, all official correspondence of the Commission; send out all notices required by law and these rules of procedure; keep a record of each examination or other official actions of the Commission and perform all other duties required by law, by this article, and by the Commission.
E. 
Meetings. Except for the biennial organization meeting, all meetings shall be held either at the call of the Chairman or at the call of two members of the Commission. At least 48 hours' written notice of each meeting may be waived in certain situations or emergencies with the concurrence of all members of the Commission. The Commission shall have the discretion to determine whether meetings shall be open to the public.
F. 
Quorum. A quorum shall consist of two members, and all actions of the Commission shall have the concurrence of at least two members.
G. 
Order of business. The order of business of all meetings of the Commission shall be as follows:
(1) 
Roll call.
(2) 
Call to order.
(3) 
Approval of minutes of previous meetings.
(4) 
Unfinished business.
(5) 
Hearing of cases.
(6) 
New business.
(7) 
Communications and reports.
H. 
Minutes. The Secretary shall keep minutes of the Commission's proceedings showing the vote of each member upon each question, or if a member is absent or fails to vote, indicating such fact.
I. 
Rules and regulations. The Commission and the Borough shall have the power to prescribe, enforce and amend rules and regulations governing the conduct of the Commission's activities. Such rules and regulations must be financially approved by the governing body at public hearing and may not be amended without approval of the governing body at a public hearing.
J. 
Clerk and supplies. The Borough shall furnish the Commission with such supplies and clerical assistance as may be necessary for the Commission to fulfill its duties. In addition, the Commission may, if required, have the assistance of the Borough Solicitor and any other consultants or experts, including physicians and psychiatrists, as are necessary. The elected and appointed officials of the Borough shall assist the Commission with all reasonable and appropriate efforts, including compensation for any experts retained by the Commission.
K. 
Investigation. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of these rules and regulations. The Chairman of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
L. 
Subpoenas.
(1) 
The Commission shall have the power to issue subpoenas over the signature of the Chairperson or his designee to acquire the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witness 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.
(2) 
All officers in public service and employees of the Borough shall attend and testify when required to do so by the Commission.
(3) 
If any person shall refuse or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine not to exceed $100 and, in default of the payment of such fine and cost, shall be imprisoned not to exceed 30 days.
(4) 
If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Delaware County for its subpoena requiring the attendance of such persons before the Commission or the court to testify and to produce any records and papers necessary and, in default thereof, shall be held in contempt of court.

§ 71-14 Applications.

A. 
Application form. No person shall be admitted to an examination for a position in the Police Department of the Borough of Collingdale until he shall have filed, on the official form prescribed by the Civil Service Commission, a sworn application giving such information as the Commission may require. The official application form and all notations, references and statements appearing therein are incorporated by reference in this article and shall be as much a part of this article as if they were fully described herein.
B. 
Application fee. Each applicant shall advance and pay an application fee of $30; said cost may from time to time be adjusted by resolution of Borough Council to reflect the Commission's and Borough's costs.
C. 
Availability. Application forms shall be available to all interested persons in the offices of the Borough Secretary-Manager, Police Department or at a place otherwise designated by the Commission.
D. 
Age qualifications. Any applicant for any position in the Police Department must be more than 18 years of age. Each applicant shall present satisfactory evidence of his date of birth.
E. 
General qualifications for applicants.
(1) 
Each applicant for a position in the Police Department shall be a citizen of the United States.
(2) 
Each applicant shall be medically fit for the performance of the duties of a police officer, as set forth in the medical requirements established by the Commission, be of good moral character and licensed to operate a motor vehicle in the Commonwealth of Pennsylvania. In the case of a foreign-born applicant, evidence satisfactory to the Commission shall be produced showing the person to be a naturalized citizen.
(3) 
The applicant shall have demonstrated, by education, experience, background or training:
(a) 
A commitment to a full-time career in law enforcement; and
(b) 
A dedication to the protection of the community through service as a police officer; and
(c) 
That said commitment and dedication are likely to motivate and inspire the candidate, if selected, to pursue continuing education programs in law enforcement and self-improvement in the applicant's performance of the requirements of the applicant's duties; and
(d) 
That said commitment to achieve, will lead to promotions and advancements and to provide leadership to other members of the Police Department to perform and achieve according to the highest standards of law enforcement duties and service; and
(e) 
That the applicant will continue the traditions of excellence and outstanding reputation in the community which the Borough of Collingdale Police Department enjoys.
(4) 
The minimum requirements for application to the position of patrolman in the Collingdale Police Department are hereby established to be all of the following:
(a) 
A diploma evidencing graduation from an accredited high school or possession of a GED or acceptable equivalency high school degree.
(b) 
Having served within the last two years for a minimum of 12 consecutive months as a part-time officer in the Borough of Collingdale.
(c) 
Certification under the Act commonly referred to as "Act 120," as amended (53 P.S. § 740, Act 120, June 18, 1974[1]); basic training program as approved by the Municipal Police Officers Education and Training Commission.
[1]
Editor's Note: Act 120, the Municipal Police Officers Education and Training Law, 53 P.S. § 740 et seq., was repealed by Act 177, 12-19-1996. See now 53 Pa.C.S.A. §§ 2161 to 2164.
(d) 
Become a resident of the Borough within six months of appointment to the position.
(5) 
The Collingdale Police Civil Service Commission shall prepare an appropriate applicant's questionnaire for the purpose of determining whether the applicant meets the minimum requirements set forth above.
(a) 
Each candidate is required to complete the applicant's questionnaire and to provide all information required by said application, as requested by the Collingdale Police Civil Service Commission.
(b) 
The Collingdale Police Civil Service Commission may hold hearings on the qualifications of the applicant, in the sole discretion of the Collingdale Police Civil Service Commission, to determine whether said applicant meets the requirements of the Civil Service Commission.
(c) 
The determination of the Collingdale Police Civil Service Commission as to whether the applicant meets the above minimum requirements to qualify as an applicant for the position of patrolman on the Collingdale Police Department shall be final, binding and not appealable.
F. 
General qualifications for candidates for Detective Corporal and Sergeant.
(1) 
Candidates for the position of Corporal or Sergeant shall:
(a) 
Meet the qualifications in Subsection E, inclusive, above.
(b) 
Be declared medically fit by passing an appropriate medical examination.
(c) 
Have fulfilled the following requirements:
[1] 
Patrolman to Corporal: three years as a patrol officer of permanent appointment with the Department.
[2] 
Patrolman or Corporal to Sergeant: five years as a patrolman or Corporal with the Department.
(d) 
Have satisfactorily completed a basic training program at a recognized police academy. This provision shall not apply to those men employed prior to the effective date of Act 120.
(e) 
Have demonstrated an ability to carry out orders from superiors.
(f) 
Demonstrate a working knowledge of police science and administration as ascertained by an appropriate promotional examination.
(g) 
All promotions in rank shall be for an initial probationary period of six months. At any time during the probationary period, the Chief of Police may request, through proper channels, a reduction to the rank which was held prior to the promotion.
(h) 
Permanent promotion, under the civil service regulations, can be obtained only by certification from the Civil Service Commission through its testing procedures and completion of the probationary period.
(i) 
Demonstrate an ability to supervise the work of subordinates.
(j) 
Have achieved at least an average rating of "satisfactory" on all his service ratings. Until such time as service ratings become available, the Commission may use an evaluation of experience, training, general background and other such records of performance of the candidate as recommended by the Chief of Police.
(k) 
Have passed a medical exam taken expressly for this promotion, except where said medical examination is waived pursuant to § 71-17B(1)(d).
(l) 
Only the following officers are recognized as civil service ranks:
[1] 
Patrolmen.
[2] 
Corporal.
[3] 
Sergeants.
(2) 
The ranks of Corporal and Sergeant are by no means definitive or required. Our Department should base its command structure on the size of the Department and the needs and requirements of our community, as recommended by the Police Chief and Mayor and set by the Borough Council.
G. 
Investigating of applicant. An investigation of the character and reputation of the applicant shall be made by the Civil Service Commission or its designee and/or the Police Department or its designee and may include credit reports, criminal history, employment records and reports, background and employment investigations, and reports of investigations from recognized agencies.
H. 
Filing applications. Applications for any position in the Police Department may be received at any time during normal business hours in the office of the Borough Secretary-Manager and by such other offices and officers as the Commission may designate. The receipt of such applications shall be subject to the following conditions:
(1) 
No application received after 12:00 noon on the date that is 14 calendar days prior to the date fixed for the written examination in the public announcement shall be considered for such examination; and
(2) 
An application shall become invalid one year after the date upon which it is received.
I. 
Recording applications. The office of the Borough Secretary-Manager or other designated offices or officers shall review each application, upon receipt, for the purpose of determining that such application contains no minor errors or omissions. Any application containing minor errors or omissions shall be returned to the applicant for correction. The Borough Secretary-Manager shall date, number and record, in the order or receipt, all applications free from minor errors and omissions. An application, once recorded, shall be public record and shall not be returned to the applicant.
J. 
Disqualification or rejection of applicant.
(1) 
The Commission shall not examine any applicant who lacks any of the prescribed qualifications unless, in the judgment of the Commission, it can reasonably be presumed that the applicant shall have acquired the necessary qualifications prior to the date of a possible certification from the list of eligibles produced as the result of the examination.
(2) 
The Commission may refuse to examine or, if examined, may refuse to certify as eligible after examination any applicant who is found to lack any of the minimum qualifications for examination prescribed in this article for the particular position for which the applicant has applied. In addition, the Commission may refuse to examine or, if examined, may refuse to certify any applicant who is physically or mentally unfit to perform the full duties of the position to which he seeks employment, or who is a habitual substance abuser, who is 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 in 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 the Commonwealth of Pennsylvania.
K. 
Penalty for false statement.
(1) 
The statement made by the applicant in the official application shall contain no falsification or concealment with respect to any application:
(a) 
The application shall be invalid and the applicant shall be disqualified from examination; or
(b) 
If the applicant shall have been examined, the name of each applicant shall be removed from the eligible list; or
(c) 
If the applicant shall have been appointed, each such willful misstatement, falsification or concealment shall constitute grounds for dismissal from the Police Department.
(2) 
No person who shall make any willful false application shall be permitted to make any future application for any position in the Police Department of the Borough of Collingdale.
L. 
Appointment of Chief of Police. In the case of a vacancy in the office of Chief of Police, the appointing authority, the Borough Council, has sole authority and full discretion in selecting the individual to fill the position of Chief of Police.

§ 71-15 Announcement of examinations.

A. 
Notice of examinations.
(1) 
In addition to the public notice, the Commission or its designee shall give written notice to each qualified applicant as follows:
(a) 
By mailing or otherwise delivering to each applicant who shall meet the prescribed qualifications for duties of a police officer a notice which shall include the date, time, place of the written examination; and
(b) 
By mailing or otherwise delivering to each applicant qualified for medical examination a notice which shall include the name, address and telephone number of the police surgeon. Each applicant shall be responsible for scheduling an appointment for medical examinations and appearing for and completing the medical examinations as the Commission and Borough Secretary/Manager may require.
(2) 
Each such notice shall be mailed or otherwise delivered at least seven days prior to the date fixed for examination. Only applicants receiving notices to report for any examination shall be permitted to participate in such examination, and each applicant shall present his notice to the examiner before he shall be examined. Failure to report for an examination in accordance with the instructions contained in the written notice shall disqualify the applicant, except that, in the case where a police surgeon designated in the notice may fix another date and time for such examination; provided, however, that any such date or time shall be within the period fixed for medical examination as so directed by § 71-16B of this article.

§ 71-16 Minimum medical requirements.

A. 
Medical requirements. Every applicant or candidate for appointment to a position in the Police Department shall submit to a medical and psychiatric examination and must meet the minimum medical requirements established by the Commission.
B. 
Scheduling medical examination. As the Commission and Borough Secretary-Manager may require.
C. 
Report of police surgeon or medical examiner. The statement of each examination shall be submitted to the Commission.
D. 
Rejection of medically unfit applicants. If the police surgeon or medical examiners shall deem any applicant medically unfit for the performance of the duties of a police officer because of any physical, mental or psychological defect, whether or not the defect shall be specifically stated as a cause for rejection in the statement of medical requirements, such applicant shall be rejected and a brief statement of the reasons for rejection shall be entered in the report of his medical examination.
E. 
Reexamination of medical fitness. Each applicant eligible for certification to the Borough Council for appointment to any position in the Police Department shall be instructed by the Secretary, before being certified, to inform the Commission of any illness or injuries requiring the attendance of a physician or requiring hospitalization and of any surgical operations that shall have occurred after the original medical examination. If in the judgment of the Commission there shall have been any change in the medical and psychological fitness of any applicant, whether or not such change shall have been reported by the applicant, the Commission may require the applicant to submit to a further medical and psychological examination before his name shall be certified for appointment. Any such further medical examination shall be performed at the expense of the Borough by a regularly appointed medical examiner.
F. 
Appointment of medical examiners. The Commission shall, from time to time, appoint one or more medical examiners required by this article.

§ 71-17 Examinations.

A. 
Entrance examinations.
(1) 
The examination for the position of Police officer shall consist of the following parts:
(a) 
A physical agility examination administered on a pass-or-fail basis, administered at the direction of the Civil Service Commission.
(b) 
A written examination, which shall have been determined to fairly test the aptitude of a candidate for the police service, administered by a recognized testing agency.
(c) 
Oral examination by a panel of examiners from a recognized testing agency or the Collingdale Civil Service Commission.
(d) 
Background investigation, including fingerprint check, employment history, credit history check and criminal history check.
(e) 
A psychological examination.
(f) 
A polygraphic examination, if requested by the Commission.
(g) 
A medical examination.
(2) 
The written examination and oral examination shall be graded on a scale of 100%. The acceptable passing grade on the written examination shall be as determined by the testing authority or the Collingdale Police Civil Service Commission. The acceptable passing grade on the oral examination shall be 70%. All other examinations shall be based on an acceptable or unacceptable rating. Applicants who receive an unacceptable grade on any one of the above-listed examinations shall not be placed on the eligibility list.
(3) 
The final grade score to be used to determine an applicant's position on the eligibility list shall consist of 40% of the oral examination score and 60% of the written examination score. The names on the eligibility list shall be arranged according to final grade score, so that the application with the highest score shall be at the top of the list and the applicant with the lowest passing score shall be at the bottom of the list. In the event that two or more applicants receive a tie score, the applicant who first filed a completed application shall be higher on the list.
(4) 
Final appointment shall be contingent upon the applicant passing all physical and psychological examinations.
B. 
Examination for promotions.
(1) 
The examination for the position of Corporal and Sergeant shall consist of three parts, namely:
(a) 
A written examination which shall include: 1) a test of police knowledge and performance; and 2) a test to measure knowledge of supervisory and command responsibility, administered by a recognized testing agency or the Civil Service Commission.
(b) 
An evaluation of service ratings or performance records of the candidate, prepared by the Chief of Police.
(c) 
Oral examination by a panel of qualified examiners from a recognized testing agency or the Police Civil Service Commission.
(d) 
Where a recent physical examination has been given to all of the eligible candidates, the Civil Service Commission may waive the requirements of any further physical examinations.
(2) 
The written examination, oral examination and evaluation of service rating shall be graded on a scale of 100%. The acceptable passing grade on the written examination shall be as determined by the testing authority or Commission. The acceptable passing grade on the oral examination shall be 70%. The acceptable passing grade on the evaluation of service rating shall be 50%. The medical examination shall be based on an acceptable or unacceptable rating. Candidates who fail any one of the above-listed examinations shall not be eligible for promotion. A candidate must have at least a score of 50% from the evaluation of his service rating prior to the date of the written and oral examinations in order to be eligible to take those examinations.
(3) 
The final grade score to be used to determine position on the promotion eligibility list shall consist of 60% of the written examination score, 30% of the oral examination score and 10% of the evaluation of service rating score. The names on the promotional list shall be arranged according to final grade score, so that the applicant with the highest score shall be at the top of the list, and the applicant with the lowest passing score shall be at the bottom of the list. In the event that two or more candidates receive a tie score, that candidate with the greatest seniority shall be higher on the list.

§ 71-18 Eligibility lists.

A. 
Preparation of eligible list. Within 30 days after receipt by the Commission of all examination results, the Secretary shall prepare an eligible list, upon which shall appear the name of each applicant or candidate who received a passing grade in the examination. The names on the eligible list shall be arranged, from the highest to the lowest, in the order of the final score received by each applicant. The eligible list shall be filed in the office of the Borough Secretary-Manager and a copy posted on the bulletin board in the Police Headquarters' building.
B. 
Breaking tie scores. When two or more qualified applicants shall receive the same final score, the order in which the names of such persons shall appear on the eligible list shall be determined by the order in which the completed applications were received. That applicant who first filed a completed application shall be higher on the list.
C. 
Veterans' preference points. Pursuant to the Veterans' Preference Act, any applicant for the position of patrol officer who qualifies as a "soldier" under this Act, shall receive an additional 10 points on top of his or her score if that applicant had received passing scores in all other areas of testing and qualification.
D. 
Life of eligible lists. The Borough Council, at its discretion, may void the eligible list at any time, but in no case shall any eligible list remain in effect for a period of more than two years from the date of its certification.
(1) 
If the Civil Service Commission receives a request from the Borough Council or Borough Secretary to establish an eligibility list for a period of two years, the Civil Service Commission may establish an eligibility list for a period of two years.
E. 
Furlough lists.
(1) 
Whenever the Borough Council causes a reduction in the number of police officers, then furloughing shall occur on a strict seniority basis; that officer with the least seniority being the first to be furloughed. In the event of furlough, the Commission shall prepare and maintain a list of all furloughed officers, together with the position held by each officer at the time of the furlough. The names on the furlough list shall be arranged in order of strict seniority, so that the officer with the greatest seniority is at the top of the list and the officer with the least seniority is at the bottom of the list. Seniority shall be determined by calculating the number of days of service with the Collingdale Police Department. In the event that two or more officers have identical seniority, their names shall be arranged on the furlough list in accordance with the order of their appointment as officers from the eligible list; that officer who was appointed earlier being placed higher on the list.
(2) 
The Chief of Police shall be exempt from the seniority provisions pertaining to furlough lists and may not be furloughed unless or until all other officers in the Department have been furloughed.

§ 71-19 Certification and appointments.

A. 
Filling vacancies. When a vacancy is to be filled in the Police Department, the Borough Council shall submit a written request to the Commission for certification of eligibles. In making the request, the Borough Council shall state the title of the position to be filled and the compensation to be paid. The Commission shall initiate recruitment procedures by arranging public advertisement of said vacancies within 30 days of the written request of the Borough Council.
B. 
Furlough list to fill appointments. Upon receipt of a request from the Borough Council, the Commission shall first certify the names of those eligible who were furloughed because of a reduction in force. In filling a vacancy from the furlough list, the Commission shall certify from the top of the list that number of names equal to the number of vacancies to be filled.
C. 
Certification from eligible lists. If no furlough list exists or if the total number of vacancies cannot be filled from the available names on the furlough list, the Commission shall certify names from the eligible list. The Commission shall certify for each existing vacancy the name of the top three applicants on the eligible list. If there are fewer than three applicants available on the eligible list, the Borough Council may select from such lesser number of available eligibles or may request that the Commission void the eligibility list and hold another examination.
D. 
Removal of names from furlough and eligible lists.
(1) 
In addition to the other reasons stated as grounds for removal in this article, the name of any person appearing on a furlough list or an eligible list shall be removed by the Commission if such person:
(a) 
Is appointed to a position in the Police Department of the Borough; or
(b) 
Declines an appointment to a permanent position in the Police Department of the Borough; or
(c) 
Fails to make written reply to the Commission within seven calendar days from the date of receiving a notice of certification; or
(d) 
Indicates availability for appointment and is appointed to fill a vacancy but fails to report for duty at the time prescribed by Borough Council; unless, in the opinion of the Board, such person can show good and sufficient reasons for failing to report.
(2) 
Nothing in this section, however, shall be construed as authorizing the removal of the name of any person on any furlough list who accepts a position of a lower rank than that for which he has qualified.
E. 
Appointment procedures. Whenever the name of any person is certified to the Borough Council from either the furlough list or the eligible list, the person shall be immediately notified of his certification by registered or certified mail. The notice shall include the title of the position and the compensation to be paid and shall also state that the person certified must make a written reply within seven days from the date of receiving such registered mail.
F. 
Probationary period.
(1) 
All original appointments to any position in the Police Department of the Borough shall be for a probationary period of one year. The one-year probationary period shall not commence until after the officer has completed training under Act 120.[1] The Chief of Police shall investigate the adjustment, performance and general acceptability of each probationer under his supervision to determine whether such probationer is fully qualified for permanent appointment. The Chief of Police shall make a report on the performance and conduct of each probationer before the next regular meting of the Borough Council immediately preceding the end of the probationary period. Each final probationary report shall include the recommendation of the Chief of Police either to retain or to reject the probationer. Each report shall be submitted, in writing, to the Borough Council and the Civil Service Commission.
[1]
Editor's Note: Act 120, the Municipal Police Officers Education and Training Law, 53 P.S. § 740 et seq., was repealed by Act 177, 12-19-1996. See now 53 Pa.C.S.A. §§ 2161 to 2164.
(2) 
In the event that the person named to the position of Chief of Police is a probationary appointment, the Borough Council shall designate one person to evaluate the performance and conduct of the Chief in the same manner and subject to the same procedures as that established for all other positions in the Police Department of the Borough of Collingdale.

§ 71-20 Suspensions, removals and reduction in rank.

A. 
Grounds for disciplinary action.
(1) 
No person appointed to a position in the Police Department pursuant to this article may be suspended without pay or removed and no person promoted in rank pursuant to this article may be reduced in rank except for the following reasons:
(a) 
Physical or mental disability affecting the officer's ability to continue in service, in which case the officer shall receive an honorable discharge from service;
(b) 
Neglect or violation of any official duty;
(c) 
Violation of any law of this commonwealth which provides that such violation constitutes a misdemeanor or felony;
(d) 
Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer;
(e) 
Intoxication while on duty; and
(f) 
Engaging or participating in or conducting of any political or election campaign other than the officer's exercise of his own right of suffrage.
(2) 
No officer shall be removed for religious, racial or political reasons. A statement of any charges made against any officer so employed shall be furnished to the officer within five days after those charges have been adopted by the Mayor, Borough Council or Police Chief.
B. 
Notice of suspension, removal or reduction of rank.
(1) 
Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Police Chief or Mayor or Borough Council. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges against him and to allow the officer an opportunity to respond to these charges.
(2) 
Within five days after the Police Chief, Mayor or Borough Council has imposed the disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified or registered mail. In addition, the statement of charges shall notify the officer of his appeal rights under this article. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.
C. 
Procedures. No person in the police service shall be suspended, removed or reduced in rank except in accordance with law. Whenever any police officer in the Borough is suspended, removed or reduced in rank, the specific charges shall be stated, in writing, by the appointing authority or the Chief of Police or his designate. The charges shall be stated clearly and in sufficient detail to enable the person accused to understand the charges made against him and to answer them. Within five days the statement of charges shall be filed in duplicate with the Commission, and at the same time the original copy of the statement of charges shall be delivered to the person accused either by personal service or registered or certified mail.
D. 
Demand for hearing. Any police officer suspended, removed or reduced in rank may file with the Commission a written demand for a hearing within 10 days after receipt of the statement of charges. Such person may make written answers to any charges filed against him not later than the date fixed for the hearing. The Commission shall grant a hearing within 30 days of the receipt of hearing demand to any person accused who complies with the provisions of this section. Each such hearing shall be open to the public unless the person accused, when making his written demand for a hearing, requests that such hearing be closed.
E. 
Notice of hearing. Notice of the date, time and place for each hearing shall be given in the following manner:
(1) 
By either personal service or registered or certified mail to each person making charges and to the person accused; and
(2) 
By mailing a notice to all other parties who have stated an interest in the hearing; provided, however, that any failure to give the notice required by this subsection shall not invalidate any action taken by the Commission.
F. 
Oaths. All testimony shall be taken under oath. The Chairman or, in his absence, the Vice Chairman shall administer all oaths.
G. 
Subpoenas. The Chairman or, in his absence, the Vice Chairman may compel the attendance of witnesses and the production of records and papers pertaining to any hearing. However, upon the written request of the person accused or of any person making charges, the Chairman or, in his absence, the Vice Chairman shall order the attendance of any witness or the production of any pertinent document, provided that such a written request is filed with the Secretary within five days from the date appearing on the notice of the hearing. It shall be the responsibility of the person requesting a subpoena to make service of the subpoena.
H. 
Hearing procedure. The following rules shall be followed by the Commission in all hearings relating to the suspension, removal or reduction in rank of police officers or any other hearing which the Commission may be required to hold:
(1) 
Evidence.
(a) 
The rules of evidence in force in the Courts of Common Pleas of the Commonwealth of Pennsylvania shall be the rules of evidence followed by the Commission; provided, however, that the rules with regard to hearsay evidence shall be relaxed and liberally construed.
(b) 
All rulings on evidence shall be made by the Civil Service Commissioner presiding at the hearing, subject to objection by other members of the Commission. In the event of such objection, the Commission shall adjourn, vote in private on the objection, and return with a public ruling.
(2) 
Parties.
(a) 
Parties to hearings before the Commission shall be as follows:
[1] 
Appellant. The party sought to be or ordered suspended, removed or reduced in rank who has requested a hearing and his counsel.
[2] 
Commission. The Civil Service Commission, individually or collectively, shall have the right of a party in all hearings and may appear by counsel.
[3] 
Person making charges. The appointing authority or persons designated by the appointing authority to act on its behalf and the same may appear by counsel.
(b) 
Rights of the parties.
[1] 
All parties shall have the right to request that the Commission issue subpoenas to compel the attendance of witnesses or other evidence.
[2] 
All parties shall have the right to testify, examine witnesses and cross-examine witnesses of other parties and to offer documentary or other non-oral evidence.
[3] 
The Civil Service Commission shall have the rights of a party with regard to the calling of witnesses and the right to cross-examine witnesses of the other parties.
(3) 
Procedural rules. The hearing shall be conducted as follows:
(a) 
The Chairman or, in his absence, the Vice Chairman shall call the hearing to order, state the general purpose of the hearing and make note of the parties present.
(b) 
The suspension notice and charges therein and the answer thereto, if any, shall be read into the record by the Secretary of the Commission.
(c) 
All witnesses shall testify under oath, and the oath shall be given by the presiding Commissioner.
(d) 
The person making charges may make an opening statement.
(e) 
The person making charges may present witnesses and evidence.
(f) 
The appellant may move for dismissal of the suspension and charges thereunder and may argue therefor.
(g) 
The Commission shall rule on a motion to dismiss.
(h) 
The appellant may make an opening statement.
(i) 
The appellant may present his witnesses and evidence.
(j) 
Argument shall be as follows:
[1] 
The party ordering the suspension shall argue first.
[2] 
The appellant shall have the final argument.
(k) 
All parties shall have the right of cross-examination at the conclusion of testimony on direct examination, redirect examination and recross examination shall be permitted.
(l) 
Decision by the Commission:
[1] 
The decision shall be reached by secret written ballot.
[2] 
Majority and minority opinions may be filed.
(m) 
A stenographic record of all testimony taken at a hearing shall be filed with, and preserved by, the Commission.
I. 
Decision of the Commission. Within 30 days after the hearing, the Commission shall issue its decision in the form of a written order approved by at least two members of the Commission, unless this time period is extended by mutual agreement of the parties. The written order shall include all findings of fact. If during the public hearing opposing facts are presented, the Commission shall include in its written order its decision as to the correct facts. The findings and decision of the Commission shall be certified to any person making charges, to the accused officer, and to the Borough Council.

§ 71-21 Confidentiality.

A. 
Character and reputation reports. All reports of investigations and inquiries into the character and reputation of applicants shall be kept in the strictest confidence and shall not be open to inspection.
B. 
Inspection of examination materials.
(1) 
All examination materials shall be confidential and shall not be open to general public inspection. Any examined applicant may inspect his examination papers, provided that:
(a) 
He makes a written request to the Commission within seven days from the date of mailing of the written notice of his grade; and
(b) 
He receives the written consent of the Commission to inspect his examination papers; and
(c) 
He makes his inspection within 10 calendar days from the date of the mailing of the consent of the Commission.
(2) 
The Commission shall not consent to the request of any examined applicant to inspect any written examination paper which may be used in any subsequent written examination that may be scheduled within 90 calendar days following the date of receipt of the written request. If the Commission consents to an inspection of the written examination papers by any examined applicant, it shall state in this letter of consent the specific examination papers that may be inspected. Before any member of the Commission or any person designated by the Commission permits any inspection of examination papers, he shall require the examined applicant to produce the letter indicating the consent of the Commission, and he shall limit the inspection by the examined applicant to only those examination papers indicated in the letter of consent. No examined applicant shall be permitted to inspect any examination papers other than his own, nor shall he be permitted to make any written notes while he is inspecting any examination papers.