[HISTORY: Adopted by the Borough Council of the Borough of
Middletown as revised 3-14-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 60.
[1]
Editor's Note: Ordinance No. 1342 (adopted and approved on
6-20-2017) approved and adopted the Civil Service Rules and Regulations,
that were attached as Exhibit A, to govern the affairs of the Middletown
Borough Police Department, and further provided that changes and amendments
may be made from time to time, subject to approval by resolution of
the Borough Council. A complete copy of the ordinance and exhibit,
any amending ordinances and resolutions, and any further amendments
thereto, are on file in the Borough offices.
The following policies and procedures are promulgated under
the authority of Article XI, Section 1171 to 1195, and other sections
of the Pennsylvania Borough Code.[1]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 101 et seq.
Unless otherwise expressly stated, the following words and phrases
when used in these rules and regulations shall be construed to have
the meaning indicated herein.
The Assistant Manager of the Borough.
Reference in this text to be the Borough of Middletown.
Borough Council of the Borough.
The submission to the Borough Council of names taken from
the eligible list developed by the Civil Service Commission or any
authorized agent, including but not limited to the Dauphin County
Chiefs of Police Association, Inc.
The Chairperson of the Civil Service Commission of the Borough.
The Civil Service Commission of the Borough.
The assignment of an employee from one class to another with
a lower maximum rate of pay.
The involuntary termination of an employee for reasons other
than lack of funds or work.
A person whose name is recorded on a current eligible list
or furlough list.
A list of names of persons who have passed an examination
for a particular position in the Police Department.
A list containing the names of persons temporarily laid off
from positions in the Police Department because of a reduction in
the number of officers.
A written description of a class containing the class title,
a general statement of the duties and responsibilities, essential
job functions and/or examples of the typical duties performed and
minimum qualification requirement(s).
The involuntary separation of an employee from Borough service
due to lack of work, lack of funds or the abolishment of a position
or classification.
For purposes of these rules, a qualified medical physician,
psychologist (mental portion only), psychiatrist, physicians assistant,
certified nurse practitioner or other practitioner allowed by law.
For purposes of these rules, an entry level sworn position
in the Police Department.
An officer in the Police Department who has been appointed
from an eligible list, but who has not yet completed his probationary
(work test) period.
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 necessarily
constitute a reduction in rank.
The permanent separation of a police officer from the Police
Department.
The Secretary of the Civil Service Board of the Commission.
The temporary separation of a member of the Police Department
from his position.
A temporary noncompetitive appointment of a qualified individual
to a classified position pending the establishment of an eligible
list for such position.
A.
Officers. The Civil Service Commission (Commission) of the Borough
on the first Monday in February of even-numbered years shall elect
one of its members as the Chairperson, one as Vice Chairperson and
one as Secretary. If the first Monday is a legal holiday, the meeting
shall be held the first day following.
B.
Duties of Chairperson. The Chairperson, or in his/her absence, the
Vice Chairperson, shall preside at all meetings and hearings of the
Commission, decide all points of order or procedure and perform all
duties required by law of these rules.
C.
Duties of Secretary. The Secretary shall be responsible for, at the
direction of the Commission, all official correspondence of the Commission,
sending out all notices required by law and these rules of procedure,
keeping minutes, keeping a record of each examination or other official
action of the Commission and performing all other duties required
by law, by these rules and by the Commission. The Assistant Borough
Manager shall assist the Commission Secretary in the performance of
these duties.
D.
Meetings. Except for the biennial organization meeting, all meetings
shall be held either at the call of the Chairperson or at the call
of two members of the Commission. At least 24 hours' written notice
of such meetings shall be given each member. No rule or regulation
of the Commission shall be adopted without prior approval of the Borough
Council, except when otherwise provided in these rules. The Commission
shall have the discretion to determine whether meetings shall be open
to the public, when not specifically regulated by law, including but
not limited to the Sunshine Act,[1] or these rules.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701
et seq.
E.
Three members of the Commission shall constitute a quorum. Each member shall vote on each issue that comes before the Commission, except as provided by § A265-11E.
[Amended 5-8-2019 by Ord.
No. 1362, approved 5-8-2019]
G.
Solicitor. When circumstances arise which require the Commission
to retain a solicitor, the Commission shall request Borough Council
to authorize the funds to do so. The selection of the solicitor shall
be the sole choice of the Commission.
H.
Minutes. The Secretary shall keep minutes of the Commission proceedings,
showing the vote of each member upon each question, or if absent,
or failing to vote, indicating such fact.
I.
Annual report. The Commission shall make an annual report to the
Council containing a brief summary of its work during the year at
the first Council meeting scheduled in March.
J.
Scope. The provisions of these rules as of January 1, 2007, apply
only to the Police Department.
A.
Police officers.
(1)
Application form. No person shall be admitted to an examination for
a position in the Police Department of the Borough until after having
filed, on the official form prescribed by the Commission, or its authorized
agent, a sworn application giving such information as the Commission,
or its authorized agent, may require. The official application form
and all notations, references and statements appearing in it are incorporated
by reference into these rules and regulations and shall be as much
a part of these rules as if they were fully described herein.
(2)
Availability. As advertised, application forms shall be available
to all interested persons in the office of the Assistant Borough Manager
and may be mailed upon written request. Application forms shall include
a separate attachment regarding reasonable accommodation for testing.
Any applicant requiring a reasonable accommodation for testing shall
make such request at the time the application form is returned.
(3)
Age qualifications. At the date of actual application, no applicant
for any position in the Police Department shall be less then 18 years
of age. Each applicant shall present satisfactory evidence of date
of birth.
(4)
Testing. The Borough Council has authorized entry level testing to
be performed by the Civil Service Commission or its designee.
[Amended 7-5-2023 by Ord. No. 1406, approved 7-5-2023]
B.
General qualifications for all applicants. Each applicant for a position in the Police Department shall satisfactorily pass the testing identified in Subsection A(4), be a citizen of the United States, shall have graduated from an accredited high school or have a GED (Graduate Equivalency Diploma), and shall possess an Act 120 diploma and current MPOETC (Municipal Police Officer Education Training Commission) card either at the time of hiring or following the completion of the Police Academy, but before the time he or she is required to start work as a police officer. Upon appointment, each applicant shall be medically fit for the performance of the duties of a police officer with or without reasonable accommodation, of good moral character without felony convictions, guilty pleas or no contest pleas, licensed to operate a motor vehicle in the Commonwealth of Pennsylvania and legally entitled to work in the United States. In the case of a foreign-born applicant, evidence satisfactory to the Commission, which fulfills I-9 requirements, shall be produced showing the person to be a naturalized citizen. Notwithstanding the foregoing, Borough Council may waive the Act 120 requirement at the request of the Chief of Police/Public Safety Director based on the needs of the Police Department at the time of testing. The request must be made in writing and approved by Council prior to the test date.
[Amended 5-8-2019 by Ord.
No. 1362, approved 5-8-2019; 7-5-2023 by Ord. No. 1406, approved 7-5-2023]
C.
Special qualifications required for advanced ranks in police service
other than Chief of Police.
(1)
In addition to meeting the general qualifications specified in Subsection A(1) and (2), each applicant for advanced rank in the police service shall meet the following special qualifications, at the time of appointment have:
(a)
Been continuously employed in the Middletown police service
for at least two years on the date of application in the case of a
Sergeant and at least three years for all higher ranking positions;
(b)
Satisfactorily completed their basic training program for police
officers, and graduated from a recognized police school or an equivalent
combination of training and experience;
(c)
Demonstrated an ability to carry out orders from superiors;
(d)
Demonstrated a working knowledge of police science and administration;
(e)
Demonstrated an ability to deliver and supervise the work of
subordinates; and
(f)
Received at least a grade of "satisfactory" on the latest service
rating.
(2)
In addition, any candidate appointed to such position under these
regulations must continue to meet all state or federal certification
requirements on an ongoing basis.
D.
Filing applications.
(1)
Application for entry level testing shall comply with the requirements
established by the Civil Service Commission or its designee.
[Amended 7-5-2023 by Ord. No. 1406, approved 7-5-2023]
(2)
Applications for any other position in the Police Department may
be received as advertised during normal business hours in the office
of the Assistant Borough Manager. The receipt of such applications
shall be subject to the following conditions:
(a)
No application received after 12:00 noon on any day that is
14 calendar days prior to the date fixed for the written examination
in the public announcement shall be considered for such examination,
but;
(b)
Additions, corrections or deletions can be made in applications
up to the fourteenth day prior to the date fixed for the written exam.
E.
Recording applications. The Assistant Borough Manager shall review
each application upon receipt, for the purpose of determining that
such application contains no errors or omissions. An application containing
errors or omissions may, at the Assistant Borough Manager's discretion,
be returned to the applicant for correction. The Assistant Borough
Manager shall date, number and record in the order of receipt all
acceptable applications, which once recorded shall be Commission records
and shall not be returned to the applicants.
F.
Penalty for false statement.
(1)
The statements made by the candidate in his/her resume shall contain
no falsification, omission or concealment of material fact. Should
investigation disclose any willful misstatement, falsification, omission
or concealment with respect to an application:
(a)
The application shall be invalid, and the candidate shall be
disqualified from examination; or
(b)
If the candidate has been examined, the name of such candidate
shall be removed from the consideration for the position;
(c)
If the candidate shall have been appointed, such willful misstatement,
falsification, omission or concealment shall constitute grounds for
dismissal from the Police Department.
(2)
No person who makes any willful false statement or omission shall
be permitted to make any future application for any position in the
Police Department of the Borough or other Borough position.
G.
Chief of Police.
(1)
Resume. No person shall be considered for the position of Chief of
Police until he/she has submitted to Borough Council a current resume
stating all police experience and expertise.
(2)
General qualifications. In addition to meeting qualifications fixed
for each applicant for a position in the Police Department, all applicants
for the position of Chief of Police shall have:
(a)
Been continuously employed in police service for at least five
years or an equivalent combination of education and experience;
(b)
Satisfactorily completed the in-service training program for
police officers as required by state law or regulation, be eligible
for a waiver of the training, or be able to comply with requirements
within one year of appointment to the position;
(c)
Demonstrated an ability to carry out order(s) from superiors;
(d)
Demonstrated managerial and leadership skills and abilities;
(e)
Demonstrated an ability to deliver and supervise the work of
a subordinate;
(f)
Received at least a grade of "satisfactory" on the latest service
ratings, providing that an evaluation of the experience, training,
general background and such other records of performance of the applicant,
at the discretion of the Commission, may be substituted for the service
requirement.
(3)
Special qualifications required. In addition to the above general
qualifications, each candidate shall meet the following special qualifications:
(a)
All candidates shall have served in a federal, state or local
law enforcement agency in a supervisory capacity for a minimum of
two years;
(b)
All candidates shall have a degree in Police Science or related
field, or an equivalent to such degree in experience, training and
understanding of managerial techniques, sufficient to supplement command
experience.
(4)
Background investigation. Each candidate for the Chief position may
be subject to a complete background investigation to ascertain the
character, qualifications and the managerial potential of each candidate.
Each candidate will be asked to complete and provide a Federal Fair
Credit Reporting Act (FCRA) authorization for this purpose. Refusal
to sign such form shall result in disqualification from consideration.
A.
Public notice.
(1)
Public notice of the time and place of every examination conducted
by the Commission itself, together with information as to the position
to be filled, shall be given by publication in two newspapers of general
circulation a minimum of two times in the Borough. The public notice
shall be published at least four weeks prior to an examination, and
a copy of the notice shall be posted in a public place in the Borough
Building. Additional public notice by publication, posting or otherwise
may be given at any time at the discretion of the Commission.
(2)
Public notice of the time and place of every examination conducted
by an authorized agent of the Commission shall be given on a time
and manner reasonably calculated to alert the general public to the
examination.
B.
Notice of examinations. In addition to the public notice in the event
of an examination conducted by the Commission itself, the Secretary
shall give written notice at least five days prior to the date fixed
for the examination by certified or registered mail to each qualified
applicant as follows:
(1)
By mailing or otherwise delivering to each applicant a notice which
shall include the date, time, place and duration of the examination;
the type of examination (physical agility, written, oral, etc.).
(2)
By mailing or otherwise delivering a form to each application qualified for medical and/or psychological examination. For a medical examination, a Borough medical examination form stating the established medical requirements for a position in the Police Department, as stated in § A265-6 of these rules, will be included. The notice will contain the name of the examiner and the date, time and place the applicant should report for examination.
(3)
Only applicants receiving notices to report for any examination shall
be permitted to participate in such examination, and each applicant
shall present his/her notice to the examiner before he/she shall be
examined. Failure to report for an examination in accordance with
the instructions contained in the written notice shall disqualify
the applicant; except in the case of a medical examination, the applicant,
with the prior approval of the medical examiner designated in the
notice, may fix another date and time for such examination.
A.
Introduction. The Borough is aware of both the requirements of the
Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations
Act (PHRA),[1] and its need to protect the health, safety and welfare
of its citizens through the continuous efforts of its Police Department.
As a result, the Borough requests that candidates for positions make
any need for reasonable accommodation known to the Borough at the
time of the application and medical/psychological examination.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq. and
43 P.S. § 951 et seq., respectively.
B.
Medical and mental requirements. Every applicant to whom the Borough
has made a conditional job offer for appointment to a position in
the Police Department shall submit, at Borough expense, to a medical
examination by a Borough-appointed examiner, who shall determine if
the applicant is free from any bodily or mental defect, deformity
or disease that might make it impossible for that candidate to perform
his/her essential job functions, with or without reasonable accommodation.
C.
Report of examiner. The Commission shall furnish each applicant with
forms upon which the medical examiner shall state the physical and/or
mental condition of each applicant. The report of each examination
shall be submitted to the Commission within five days after the date
of examination.
D.
Rejection of applicants. If the examiner shall deem any applicant
medically unfit for performance of the essential duties of a police
officer because of any physical or mental defect, which cannot be
reasonably accommodated, 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 reason
for rejection shall be entered in the report of the medical examination.
Insofar as possible, however, the medical examiner shall determine
the medical fitness of an applicant after reviewing the job descriptions
and its essential job functions and mental and physical requirements.
The medical examiner shall discuss any request for reasonable accommodation
with the Borough Manager and Chief of Police prior to making final
determination.
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 Assistant Borough Manager, before
being certified, to inform the Commission of any illness or injuries
requiring the attendance of a physician or requiring hospitalization,
rehabilitation or outpatient treatment, and of any surgical operations
that shall have occurred subsequent to the original medical examination.
If, in the judgment of the Commission, there has been any change which
is contrary to what was reported by the applicant, whether or not
such change has been reported, the Commission may require the applicant
to submit to a further medical and/or psychological examination before
being certified for appointment. Any such further examination(s) shall
be performed at the expense of the Borough, conducted by a Borough-appointed
examiner.
F.
Employee medical examination. When, in the opinion of the Commission or Borough Council, an employee is physically or mentally incapable of performing the essential duties of his/her position, the Commission or Council may require the employee in question to submit to a medical and/or psychological examination by an examiner appointed by the Commission. At that time, the employee is urged to make recommendations regarding any desired reasonable accommodation in order to begin the interactive exchange process. If after consideration of such reasonable accommodation, the Borough still believes that the employee cannot perform the essential functions of his/her job, written findings shall be made. The written findings of such examiner or examiners may be deemed a just basis for discharge due to disability. Dismissals because of physical and/or mental disability shall be made in accordance with § A265-11 of these rules.
A.
Entry level examinations for police officer.
(1)
Entry-level written examinations for police officers shall be conducted
by the Commission or its designee if the Commission elects to administer
either the written or agility tests.
[Amended 5-8-2019 by Ord.
No. 1362, approved 5-8-2019; 7-5-2023 by Ord. No. 1406, approved 7-5-2023]
(2)
Test scoring. Testing shall include:
(a)
Successful completion of a physical fitness assessment conducted
on a pass/fail basis. Candidates who do not successfully complete
this test will not be admitted to the written examination.
(b)
A score of 70% or more on a written examination;
(c)
An oral examination which is considered 30% of the final score
(the written is weighted as 70%).
B.
Examination for ranks above the position of police officer and below
the rank of Chief of Police.
(1)
An examination for the above positions shall consist of three parts,
namely:
(a)
A written examination which shall include a test of police knowledge,
supervision and performance and such other written tests as the Commission
may, from time to time, designate. The written examination shall represent
60% of all examinations.
(b)
An oral examination which represents 40% of all examinations.
(c)
The total of all examinations shall not exceed 100%.
(d)
If deemed necessary and/or desirable, psychological assessments,
physical assessments and agility tests may be administered. (Pass/fail
scored only.)
(2)
So far as they are able, the Commission shall provide that the written
portion of the examination for the varying ranks shall place emphasis
upon those qualifications which are important in each rank. In every
case, however, the total weight assigned to the written examination
shall be a total of 60%.
C.
Passing grades.
(1)
The minimum passing grade for an examination and to be eligible to
proceed to the next examination for the position of police officer
shall be a score of 70%. The minimum passing grade for any examination
for positions above the rank of police officer and to be able to proceed
to the next examination shall be a score of 80%.
(2)
Every applicant for the position of police officer who receives a
total score of at least 70%, after weighting the written and oral
exams, and who is entitled by law to additional credit for service
in the Armed Forces of the United States, shall have his/her score
adjusted accordingly as provided by law. Applicants claiming veteran's
preference shall submit satisfactory proof of active service and honorable
discharge.
D.
Notice of applicant's grade. When the grading of each examination
is completed, the Secretary shall give each applicant written notice
of his/her grade. A copy of the eligibility list which lists the passing
scores shall be posted in the Municipal Building listing the applicant's
name and grade.
E.
Administering examinations. If the Commission elects to perform its
own testing, the Commission or its designee shall be responsible for
administering the written or the agility tests. The oral examination
of any applicant shall be the responsibility of the Commission, provided
that the Commission may designate, from time to time, such persons
qualified in oral examination techniques and procedures or qualified
to evaluate performance or service records as considered necessary
to assist in such examinations and evaluations.
[Amended 5-8-2019 by Ord.
No. 1362, approved 5-8-2019; 7-5-2023 by Ord. No. 1406, approved 7-5-2023]
F.
Conduct of written examination.
(1)
The Commission and/or its testing agent shall prepare a statement
of instructions and rules for the conduct of written examinations.
(2)
A blind system for scoring examinations will be used. The candidate's
test number and name is placed on a card and sealed in an envelope
until the test scores are calculated. Later, the test number is matched
to the candidate's name.
G.
Penalty for improper conduct. Should an applicant for a entry level
position be found guilty of an act tending to defeat the proper conduct
or the result of any examination, his/her name shall be removed from
the eligible list resulting from the examination, and the applicant
shall not be permitted to make future application for any position
in the Police Department or Borough. Should any member of the Borough
of Middletown Police Department be found guilty of an act tending
to defeat the proper conduct on the result of any examination, his
or her name shall be referred to the Mayor for appropriate action.
H.
Examination for Chief of Police. The Commission may certify a candidate to the position of Chief of Police who meets the qualifications specified in § A265-4G by one of the following options as selected by Borough Council.
(1)
A noncompetitive process. The Council nominates a candidate for the
position to the Commission at which time the Commission administers
a noncompetitive examination to the candidate. The examination must
test the candidate's knowledge of police management and administration.
If the candidate passes the examination by a score of 80% or higher,
the Commission may certify the candidate to the position of Police
Chief; or
(2)
A competitive process. Commission or designate, or Borough Council
or designate, may minimally administer written and oral examinations
to test the candidates' knowledge of police management and administration.
To be considered, the candidate must pass all the requirements for
police officer and any additional requirements imposed by the Commission
for Police Chief.
I.
The Commission may refuse to examine, or, if examined, may refuse
to certify after examination as eligible, any applicant who:
[Added 5-8-2019 by Ord.
No. 1362, approved 5-8-2019]
(1)
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 the applicant has applied;
(2)
Is physically unfit for the performance of the duties of the position
to which the applicant seeks employment;
(3)
Is illegally using a controlled substance, as defined in Section
102 of the Controlled Substances Act (91-513, 21 U.S.C.A. § 802);
(4)
Has been guilty of any crime involving moral turpitude or of infamous
or notoriously disgraceful conduct;
(5)
Has been dismissed from public service for delinquency or misconduct
of office; or
(6)
Is affiliated with any group whose policies or activities are subversive
to the form of government enumerated in the Constitutions and laws
of the United States and this Commonwealth.
J.
If an applicant is aggrieved by the refusal of the Commission to
certify the applicant as eligible after examination or a person is
aggrieved by refusal of the Commission to examine the person, the
Commission shall, at the request of the applicant or person aggrieved,
within 10 days, appoint a time and place for a public hearing. At
the hearing, the applicant or person aggrieved may appear with or
without counsel, and the Commission shall take testimony and review
its refusal to provide examination or certification. The deliberations
of the Commission, including interim rulings on evidentiary or procedural
issues, may be held in the nature of a closed executive session. The
Commission's disposition of the matter shall constitute official action
which shall occur at a public meeting held under 65 Pa.C.S.A. Chapter
7 (relating to open meetings). The decision of the Commission shall
be final.
[Added 5-8-2019 by Ord.
No. 1362, approved 5-8-2019]
A.
Preparation of eligible list. As soon as possible after the completion
of all examinations other than entry level, the Secretary shall prepare
an eligible list upon which shall appear the name of each applicant
who has successfully completed the examination process. The names
on the eligible list shall be arranged, from the highest to the lowest,
in the order of the final weighted score received by each eligible
applicant. The eligible list shall be filed in the office of the Assistant
Borough Manager and a copy shall be posted on the bulletin board in
the Borough Municipal Building.
B.
Breaking tie scores. When two or more eligible applicants shall receive
the same final weighted score, the order in which the names of such
persons shall appear on the eligible list shall be determined by their
respective scores on that part of the examination assigned the greatest
weight. In the event that two or more qualifying applicants also receive
identical scores on that part of the examination assigned the greatest
weight, the order of listing shall be determined by the order in which
the applications were numbered for recording purposes.
C.
Life of eligible lists. The eligibility list will be valid for one
year from the date the Commission formally adopts the eligibility
list. Prior to expiration of the one-year period, the Commission may
extend the validity of the eligibility list for up to an additional
12 months by a majority vote of the Commission at a duly authorized
Commission meeting. In the absence of a lawful extension by the Commission,
the list shall expire.
[Amended 5-8-2019 by Ord.
No. 1362, approved 5-8-2019]
D.
Furlough lists. Whenever the Borough Council shall determine the
need for a reduction in the number of police officers, the Commission
shall prepare and maintain a list of the names of all such furloughed
officers, together with the position held by each such officer at
the time of furlough. The names on the furlough list shall be arranged
in priority order based on seniority of each furloughed officer. Seniority
shall be defined by the applicable collective bargaining agreement.
A.
The Council shall notify the Commission of any vacancy which is to be filled and shall request the certification of an eligibility list. The Commission shall certify for each existing vacancy from the eligibility list the names of the three persons, or a lesser number if three are not available, who have received the highest average. The Council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless Council makes objections to the Commission regarding one or more of the certified persons for any of the reasons stated in § A265-7I and J (relating to rejection of applicant and hearing). If the objections are sustained by the Commission as provided in § A265-7I and J or the conditional appointee is determined to be unqualified in accordance with the procedures specified in § A265-7I and J, the Commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list. As each subsequent vacancy occurs in the same or another position, the same procedure shall be followed.
[Amended 5-8-2019 by Ord.
No. 1362, approved 5-8-2019]
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 applicants who were furloughed because of a reduction
in the force. In filling a vacancy from furlough lists, the Commission
shall certify the top name only. If more than one vacancy is to be
filled, the Commission shall certify the number of names equal to
the number of vacancies by the order of the list, highest to lowest.
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 number of available names certified from the
eligible list shall exceed by two the number of vacancies to be filled
from such eligible list. If there are less than three available eligibles
on the eligible list, the Borough Council shall request that the Commission
or the Dauphin County Chiefs of Police Association, Inc., 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
these rules, 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;
(b)
Declines an appointment to a permanent position in the Police
Department;
(c)
Fails to make written reply to the Commission within 14 calendar
days from the mailing of a certified letter for the position offered;
or
(d)
Indicates availability for appointment and is appointed to fill
a vacancy but fails to report for duty at the time prescribed, unless,
in the opinion of the Commission, such person can show good and sufficient
reasons for failure to report.
(2)
Nothing in this section, however, shall be construed as authorizing
the removal of the name of a person from a furlough list or eligible
list who refuses or accepts a position of a lower rank than that from
which furloughed or for which eligible on a Commission list.
E.
Appointment procedures. Whenever the name of a person is certified
from either the furlough list or the eligible list, a notarized statement
of waiver shall be obtained from the candidate to permit a comprehensive
background check. Upon the completion of a background check, including
the FCRA, indicating an acceptable background, the person shall be
notified immediately of such certification by registered or certified
mail. The notice shall include the title of the position the compensation
to be paid and shall request a written reply within 14 days from the
date of mailing.
F.
Probationary period. All initial appointments to positions in the
Police Department shall be for a probationary period of one year.
The Chief of Police shall investigate the adjustment, performance
and general acceptability of each probationer 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 at the end of the fourth and eighth months of
the probationary period and, finally, not less than 15 calendar days
before the next regular meeting 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 reject the probationer. Each report shall be submitted
in writing to the Mayor for presentation to the Borough Council within
15 days prior to the regular meeting of the Borough Council immediately
preceding the end of the probationary period. The Borough Council
shall notify the Commission and shall notify the probationer of such
decision on or before the last day of the probationary period. In
the event the probationary appointment is the Chief of Police, the
Mayor shall evaluate the performance and conduct of the Chief in the
same manner and subject to the same procedures as all other positions,
by providing a written report to Borough Council.
G.
Provisional appointments. 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, Council 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/she may be appointed provisionally
to fill such vacancy. It shall thereupon become the duty of the Commission
within three weeks to request an examination from the Dauphin County
Chiefs of Police Association, Inc., and/or other authorized testing
agent to hold a competitive examination and certify a list of eligible's
and regular appointment shall then be made from the name or names
submitted by the Commission.
H.
Notification. It shall be the duty of the Council to notify any provisional
appointee in writing at the time of appointment concerning the terms
and tenure of such appointment as provided by law and to receive his/her
written acknowledgement of such notice.
A.
Promotions. Promotions shall be based on examinations. The nature and scope of which shall be determined by the Commission and shall be in concert with the applicable sections of § A265-7 of these rules.
B.
Examinations. Promotional examinations shall be conducted by the
Commission and an eligible list drawn up in the same manner as that
prescribed for original appointment, provided that only the names
of those participants in a promotional examination who shall have
attained a final average rating of 80% shall be placed on the resultant
eligible list for promotional appointment. In response to requisition
for names to fill a position by promotion, the Commission shall certify
the entire appropriate eligible list and the appointing officer or
body shall have the right to appoint any person whose name appears
on the said list.
C.
Deputy Chief duties. Nothing in this section shall prohibit the Mayor or the Police Chief from adding additional functions, responsibilities and/or compensation to an officer or other police employee covered by these regulations without an examination and promotion. Conversely, removal of such additional functions, responsibilities and/or compensation shall not be considered a suspension, removal or reduction in rank for purposes of § A265-11.
A.
Procedures.
(1)
Whenever a police officer is suspended without pay, removed or reduced
in rank, the specific charges warranting such actions shall be stated
in writing by the Mayor and relayed to the police officer by the Commission.
The charges shall be stated clearly and in sufficient detail to enable
the officer to understand the charges and to allow the officer an
opportunity to respond to those charges. The charges shall specify
that which provides the basis for the disciplinary action as well
as an explanation of the factual circumstances upon which the appointing
authority relied in finding a violation.
(2)
Within five days after the Mayor has imposed the suspension, removal
or reduction in rank, a written statement of the charges shall be
delivered to the officer either by personal service or by certified
and registered mail. A copy of the statement of charges shall also
be served upon the members of the Civil Service Commission.
B.
Demand of hearing. Any police officer suspended, removed or reduced
in rank may file with the Commission a written demand for a formal
hearing with a taped or stenographic record, and right to examination
and cross-examination. Such written demand and any statement of written
answers to the charges made against the person accused shall be filed
no later than 10 calendar days from the date upon which the statement
of charges were personally serviced or received. Each such hearing
shall be open to the public.
C.
Hearing on suspensions, removals and reductions.
(1)
The Commission shall grant a formal hearing at which witnesses are examined and cross-examined and a transcript is made within 10 days of the request for such by the accused, provided that the accused complies with the time frame specified in Subsection B. The hearing may be continued by the Commission for good and sufficient reason at the request of the Council or the accused. At any such hearing the person against whom the charges are made may be present in person and represented prior to the hearing by counsel. The suspension, removal or reduction in rank will remain in effect, pending the determination of the charges against the accused. In conducting the hearing, the Commission's standard of review shall be to determine whether sufficient evidence has been presented to support the statutory reason for the disciplinary action. 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/she was suspended, removed or demoted and no charges shall be officially recorded against his/her record.
(2)
The aggrieved party shall have immediate right of appeal to the Court
of Common Pleas of Dauphin County, and/or the Commonwealth Court,
and the case shall therefore be taken within 30 days from the date
of entry by the Commission of its final order and shall be by petition.
The Council 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, and/or the Commonwealth
Court.
(a)
Notice of hearing. Notice of the date, time and place for each
hearing shall be given in the following manner:
[1]
Either by personal service, certified mail and if desired one
or more of the following: e-mail or facsimile to each of the principals
involved in the case; and
[2]
By mailing, e-mailing or sending by facsimile a notice to all
other parties who have stated an interest in the hearing to the Chair
of the Civil Service Commission provided that any failure to give
notice required by this subsection shall not invalidate any subsequent
action taken by the Commission.
(b)
Oaths. All testimony shall be given under oath. The Chairperson,
or in his/her absence the Vice Chairperson, shall administer all oaths.
(c)
Subpoenas. The Chairperson, or in his/her absence the Vice Chairperson,
may compel the attendance of witnesses and the production of records,
documents, and papers pertaining to any hearing. However, upon the
written request by the accused or by the person making charges, the
Chairperson, or in his/her absence, the Vice Chairperson, additionally
shall order the attendance of pertinent witnesses or the production
of relevant documents, provided that such a written request is filed
with the Secretary within five days from the date appearing on the
notice of the hearing.
(d)
Hearing procedure.
[1]
Each hearing shall be conducted in the following manner:
[a]
The Chairperson shall state the general purpose
of the hearing;
[b]
The Secretary, upon direction of the Chairperson,
shall read the written charges or circumstances against the accused
together with the record of action taken against such officer;
[c]
The Secretary shall read any written reply of the
accused;
[d]
The Chairperson shall afford each person making
charges, or his/her counsel, an opportunity to make further statement
in support of the charges and to produce any witnesses;
[e]
The Chairperson shall afford the accused, or his/her
counsel, an opportunity to question or cross-examine the person making
charges and to question or cross-examine any witness produced by such
person;
[f]
The Chairperson shall afford each person making
charges or his/her counsel an opportunity to examine the person accused;
[g]
The Chairperson shall permit each person making
charges, or his/her counsel, to make a summation;
[h]
The Chairperson shall afford the accused, or his/her
counsel, an opportunity to produce any witness and to sum up the defense;
[i]
The Chairperson shall afford each person making
charges, or his/her counsel, an opportunity to question or cross-examine
the witnesses produced by the person accused;
[j]
The Commission shall be the judge of admissible
evidence and procedure and shall not be bound by technical rules of
evidence.
[2]
A stenographic transcript of proceedings shall be made and filed
in the Commission archives along with all other records pertinent
to the case. Such records shall be sealed and not open to public inspection.
[3]
The Commission, at any time during the course of the hearing,
may question or cross-examine the person making charges, the accused
and any witnesses.
D.
Decision of the Commission. Within 30 days after the later of the
conclusion of the hearing and receipt of the hearing transcript, the
Commission shall issue its decision in the form of a written order
approved by at least two members of the Commission. The written order
shall include all findings of fact. If, during the public hearing,
opposing facts are presented, the Commission shall include in the
written order a decision as to what it considers to be the correct
facts. The findings and decision of the Commission shall be certified
to the person making charges, to the accused officer and to the Borough
Council.
E.
Conflict of interest.
(1)
Should any Commission member be of relations to, or possess information
of any facts of persons and/or cases which may prejudice his/her vote,
full disclosure of such knowledge shall be made to all other members
of the Commission. At that time:
(2)
If a conflict of interest does occur, and the member's vote is disqualified,
it is imperative that the votes of the two remaining Commission members
be in agreement or else the issue being is not upheld. If a conflict
of interest has occurred, has not been reported and is then discovered
at a later date, the biased vote will be disqualified, and the decision
will rest upon the votes of the remaining two Commission members.
(3)
In the event of multiple recusals in the same case, the Commission
shall appoint an unbiased hearing examiner to preside over the hearing
and make the determination.
A.
Inspection in general. Except as otherwise provided in § 265-11C(2)(d)
or other parts of this chapter, all of the records of the Commission
shall be open to the public and available for inspection during normal
business hours. A member of the Commission or any person who may,
from time to time, be designated by the Commission, shall be present
at all times during any inspection of any record of the Commission.
The Commission shall take appropriate steps to protect the privacy
of identifier information, such as address, social security number,
home telephone number and any health care information related to employees.
B.
Character reports. All reports of investigation and inquiries into
the character of applicants shall not be open to general public inspection.
C.
Inspection of examination materials.
(1)
Any examined applicant may inspect his/her written examination papers,
provided that:
(a)
He/she makes a written request to the Commission within seven
days from the date of mailing of the written notice of his/her grade;
(b)
He/she receives the written consent of the Commission to inspect
the examination papers;
(c)
He/she makes the inspection within five 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 a subsequent
written examination. If the Commission consents to an inspection of
any of the written examination papers to a previously examined applicant,
it shall state in its 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/she shall require the examined applicant to produce the
letter indicating the consent of the Commission and 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/her own,
nor shall be/she be permitted to make any written notes while inspecting
any examination paper.
A.
Use of forms. The Commission may adopt and use various types of forms
to perform their official functions, copies of which may be obtained
from the Secretary of the Commission.
B.
Forms. The following numbered forms and their titles become the official
forms of the Commission and a part of the rules and regulations of
the Commission, a copy of which may be obtained from the Secretary
of the Commission:
(1)
Application for examination used by the Commission or any of its
authorized agents;
(2)
Certificate of medical examination;
(3)
Confidential inquiry letter;
(4)
Confidential inquiry form;
(5)
Notice of medical examination;
(6)
Certification notice;
(7)
Personal service record;
(8)
Service rating Police Department; and
(9)
Authorization of FCRA investigation.
The Borough Council upon its own motion or upon recommendation
of the Commission, may from time to time amend any part of these rules
and regulations insofar as such amendments do not conflict with the
Borough Code or other applicable law.
A.
Conflict with collective bargaining agreement.
(1)
The Commission recognizes that certain members of the police force
are covered by a collective bargaining agreement (CBA) or internal
arbitration award (IAA). In the event that the provisions of the CBA
or IAA are more favorable to the police officer, the CBA or IAA shall
control.
(2)
To the extent that any issue arises for which the CBA or IAA controls,
the officer shall utilize the grievance and arbitration procedures
of the CBA or IAA, rather than the hearing provision of these regulations.
B.
Conflict with state or federal law. To the extent that any provisions
of these regulations conflicts with state or federal law or constitutional
protection, the provision of these regulations shall be suspended.
The Borough Council of Middletown adopts these civil service
regulations in accordance with the provisions of the Borough Code
appearing at 53 P.S. § 46171 et seq.,[1] allowing for the appointment of police and fire employees
through the Civil Service system. The Commission of the Borough shall
have any and all powers established in that authority.
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1171 et seq.