Township of Radnor, PA Personnel Policies

A set of duties and responsibilities requiring the full-time employment of one person for 35 or more hours per week on a regular schedule throughout the year.

PERMANENT PART-TIME EMPLOYEE

An employee who has completed his designated probationary period and occupies a permanent part-time position.

PERMANENT PART-TIME POSITION

A set of duties and responsibilities requiring the part-time employment of one person for at least 18 hours but less than 35 hours per week on a regular schedule throughout the year.

PROBATIONARY EMPLOYEE

A newly appointed employee who has not completed his designated probationary period for the position he occupies.

PROBATIONARY PERIOD

A trial period in which a new employee is required to demonstrate his fitness for the position prior to receiving permanent status.

REINSTATEMENT

Reappointment without a probationary period of a former employee, who resigned in good standing from the Township service, to a position of equal or lower classification.

SUSPENSION

The temporary removal without pay of an employee from his designated position for disciplinary purposes or pending investigation of charges against an employee.

TEMPORARY OR SEASONAL EMPLOYEE

An employee who occupies a temporary or seasonal position.

TEMPORARY OR SEASONAL POSITION

A set of duties and responsibilities requiring the temporary or seasonal employment of one person on either a full- or part-time basis.

§ 5-57 General provisions.

Applicability. The provisions of this article shall apply uniformly to all Township employees, both police and nonpolice. With regard to the police, the provisions of §§ 5-69 and 5-70 (civil service provisions and the Police Manual) shall control, except that when the other provisions of this article are more restrictive, those provisions shall apply.

Personnel policy. In order to establish an equitable and uniform Township procedure for dealing with personnel matters and to ensure that the best qualified persons are employed, the following is declared to be the Township personnel policy:

(1)

Employment in the Township government shall be based on merit.

(2)

This policy shall be uniformly, equitably and fairly administered to the end that high employee morale is maintained, the deserving employee's career in the Township's service is enhanced, the unfit employee is not maintained in the Township's service and the interests and rights of the public and the Township are properly preserved and protected.

(3)

Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis.

(4)

Appointments and other actions requiring the application of the merit principle shall be based on systematic evaluations, experience and education applicable to the position involved.

(5)

Permanent status of employees shall be subject to satisfactory behavior, satisfactory performance of work, necessity for the performance of work and the availability of funds.

(6)

Appropriate incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the Township government.

(7)

Individuals shall be recruited from a geographic area as wide as is necessary to ensure well-qualified candidates for the variances Township positions. Employment, therefore, shall not necessarily be limited to residents of the Township. However, Township residents shall receive first consideration in cases where residents and nonresidents are equally qualified for a vacant position. A residency requirement may be imposed by the Board if it is considered essential for particular positions.

§ 5-58 Appointments and promotions.

Employment policy. The employment policy of the Township shall be in keeping with accepted personnel practices not inconsistent with Charter provisions to provide assurance that the best qualified applicants are employed. The procedures outlined herein shall apply to all persons who wish to obtain employment with the Township, except former Township employees who may be reemployed to equal or lower classifications through reinstatement with the Manager's approval.

Examination process. The examination process for permanent full-time employees may consist of written, oral and performance tests as necessary to determine an applicant's potential for the Township employment, an evaluation of past experience and training and a background and character investigation. A physical examination, given by a physician selected by the Township, shall be required as a prerequisite to employment.

Appointment. Department heads are appointed by the Manager subject to approval by the Board. Other employees shall be appointed by their respective department heads, subject to the approval of the Manager.

Probationary period and permanent status. A newly appointed employee shall serve a probationary period during which time he will be required to demonstrate his fitness for his position prior to receiving permanent status.

(1)

Probationary period. The length of the probationary period shall be six months for nonuniformed employees and one year for sworn police officers.

(2)

Removal of probationary employee. A probationary employee may be removed from his position at any time during the probationary period at the discretion of the appropriate department head and upon approval of the Manager. Probationary employees shall not have recourse to appeal.

(3)

Conditions of permanent employment. A probationary employee will become a permanent employee upon the successful completion of the probationary period, the favorable written recommendation of the department head and the approval of the Manager.

Promotions. It shall be the policy of the Township to fill vacancies within the Township service by promotion of present employees whenever possible. All promotional procedures shall be governed by the Charter and this chapter.

(1)

Notice of vacancies. Notice of vacancies shall be posted on department bulletin boards.

(2)

Criteria for promotion. An employee must possess the qualifications as set forth in the job description for the position to which he seeks promotion. The department head and the Manager shall be responsible for determining whether or not an employee, other than sworn police officers, possesses the necessary qualifications for promotion to a particular position. Appropriate examinations may be given to aid in this determination.

(3)

Promotional probationary period. The duration of the promotional probationary period shall be six months.

(4)

Status during promotional probationary period. During a promotional probationary period, a promoted probationary employee shall retain his status as a permanent employee and shall be reinstated to his former or to a similar position if his performance is unsatisfactory in his new position or if he requests to be reinstated in his former or a similar position either during or at the completion of his promotional probationary period. After permanent status is received in his new position, the promoted employee loses all rights to his former position.

(5)

Conditions of permanent appointment after promotion. A promoted employee will receive a permanent appointment to his new position upon the successful completion of a promotional probationary period, the favorable written recommendation of his department head and the approval of the Manager.

§ 5-59 Attendance and leaves.

Workweek. The workweek shall be established by the Board.

Attendance. Employees shall be in attendance at their work in accordance with these rules and general or departmental regulations. Accurate attendance records for each employee shall be maintained under the direction of the Manager.

Holidays. Holidays shall be observed in accordance with contract provisions for those employees covered by formal contract and in accordance with a schedule approved by the Board.

Vacations and personal leave.

[Amended 2-23-2009 by Ord. No. 2009-03]

(1)

Vacations and personal leave shall be earned and used in accordance with the provisions of the formal contracts for employees covered thereunder. The Board shall establish and reflect in the Employee Handbook vacation and personal leave credits for employees not covered by contract.

(2)

Use and carryover.

(a)

Unless provided otherwise in accordance with the provisions of formal contracts, employees shall take their vacations and use all of their vacation time and personal leave earned on or after January 1, 2009, during the calendar year in which it was earned. Vacation time and personal leave shall not be carried over the year's end, except as provided in Subsection D(2)(b) below;

(b)

Notwithstanding the foregoing, upon good cause shown, on recommendation by the Manager and formal, public approval by the Board, an employee may be permitted to carry over a maximum of two weeks vacation time earned on or after January 1, 2009, to the following year, which two weeks vacation must be used, in its entirety, in that year, or the time carried over shall expire;

(c)

Vacation time and personal leave that employees have accrued prior to January 1, 2009, may remain as accrued vacation time and shall be used and resolved in accordance with the policy fixed therefor by the Board and reflected in the Employee Handbook. This accrued vacation time shall be fixed and paid at the employee's 2008 wage rate even if the employee's wage rate at the time of separation of employment is higher.

(3)

Regular, full-time employees who are separated from the service shall be compensated for accumulated vacation and personal leave up to the date of separation at the employee's wage rate in effect on December 31, 2008.

Sick leave. Sick leave with pay shall be granted to all fulltime employees in the following manner:

(1)

Sick leave for employees covered by formal contract shall be in accordance with the provisions of the contract.

(2)

Sick leave for employees not covered by contract shall be in accordance with the policy fixed therefor by the Board.

(3)

When an absence is due to sickness or injury, the employee may be required to furnish a physician's certificate of illness.

(4)

Physical exams may be required for employees when deemed necessary by the Manager.

Leave of absence. Leave of absence for just cause without pay may be granted by the Manager for a period of up to 30 days. Any further leave must be granted by the Board.

Jury duty. The employee shall be granted a leave of absence for required jury duty. Such employee shall receive that portion of his regular salary which will, together with his jury duty pay or fees, equal his total salary for the same period.

Emergency leave. Funeral leave will be allowed from the date of death through the date of the funeral in the event of the death of the mother, father, spouse, child, brother or sister of an employee, and a funeral leave will be allowed for the day of the funeral in the event of the death of a father-in-law, mother-in-law, son-in-law, daughter-in-law, grandparent or grandchild of an employee.

[Amended 4-28-1980 by Ord. No. 80-07]

§ 5-60 Compensation; salary administration.

[Amended 3-27-1989 by Ord. No. 89-12]

Pay-setting practices of the Township shall be based upon applicable federal, state and local laws and upon these principles:

(1)

Positions with comparable levels of responsibility and working conditions requiring similar skills and training shall be within the same classification and grade.

(2)

Pay within the salary range of a grade shall be adjusted according to performance distinctions.

(3)

Pay rates of employees shall be sensitive to the pay of comparable positions with both public and private employers in the region and in other markets with whom the Township must compete to attract and retain the employees needed to sustain a successful operation.

The Board shall include in the annual operating budget for the forthcoming year a pool of funds equal to a percentage, for which it designates, of the aggregate basic payroll of all civilian employees for the then current budget year.

Subject to provisions of applicable collective bargaining agreements or other formal employee contracts, an employee's compensation shall be adjusted annually or at other intervals determined by the Manager, based upon the results of performance appraisals described in § 5-67.

An adjustment in each employees' rate of pay shall be made in the following manner:

(1)

Each employee's compensation ratio ("compa-ratio") shall be first calculated by dividing an employee's current base salary by the midpoint salary of the grade in which an employee is then classified.

(2)

The net merit increase shall next be calculated by multiplying the percentage of the aggregate basic payroll, designated by the Board and available for performance-related pay adjustments as described in Subsections D(3) and (4) (with one percent expressed as 0.01, ten percent expressed as 0.10 and so forth), by one of the following "performance factors," equal to the employee's most recent performance appraisal. Such performance factors may be adjusted from time to time by the Manager, at his discretion, when changes in job market conditions or the general economy so warrant:

	Performance	Factor
	Outstanding	1.4
	Above average	1.2
	Average	1.0
	Below average	0.5
	Unsatisfactory	0.0

(3)

The amount available for merit pay adjustments for employees falling into a bargaining unit and covered under a collective bargaining agreement shall be the remainder of the total percentage of aggregate payroll described in Subsection B, subtracted by any non-merit-related across-the-board pay adjustment contained in a collective bargaining agreement covering the same budget year.

(4)

The amount available for merit pay adjustments for employees not in a bargaining unit and not covered under a collective bargaining agreement shall be the percentage of aggregate payroll described in Subsection B.

(5)

The net merit increase shall then be multiplied by the employee's current base salary. The product derived therefrom shall be divided by the employee's compa-ratio and the resultant figure shall be added to the employee's current base salary. That resultant sum shall be the employee's new base salary.

The Township's 1989 Basic Pay Schedule (the "BPS") is hereby enacted as follows:

1989 BASIC PAY SCHEDULE (BPS)

Grade	Minimum Annual Salary	Midpoint Salary	Maximum Annual Salary
1	$12,794.79	$15,033.88	$17,272.97
2	13,754.40	16,161.42	18,568.44
3	14,785.98	17,373.53	19,961.07
4	15,894.93	18,676.54	21,458.15
5	17,087.05	20,077.28	23,067.52
6	18,368.58	21,583.08	24,797.58
7	19,746.22	23,201.81	26,657.40
8	21,227.19	24,941.95	28,656.70
9	22,819.23	26,812.58	30,805.96
10	23,058.83	28,823.54	34,588.24
11	24,788.24	30,985.30	37,182.36
12	26,647.36	33,309.20	39,971.04
13	28,645.91	35,807.39	42,968.87
14	30,794.35	38,492.94	46,191.53
15	33,103.93	41,379.91	49,655.90
16	35,586.73	44,483.41	53,380.09
17	38,255.73	47,819.66	57,383.60
18	41,124.91	51,406.14	61,687.36
19	44,209.28	55,261.60	66,313.92
20	47,525.97	59,406.22	71,287.46

The BPS shall consist of 20 grades of difficulty and responsibility of work, with Grade 1 composed of employees occupying positions having the lowest levels of difficulty and responsibility and Grade 20 composed of employees occupying positions having the highest levels of difficulty and responsibility.

Each grade shall include all classifications of positions which, although different in work or subject matter, are sufficiently equal in terms of the level of difficulty and responsibility and the level of skill and training required for the work as to warrant inclusion within the range of pay set for a given grade.

The basic characteristics of the BPS shall be:

(1)

Grades 1 through 20 shall each consist of:

(a)

A minimum rate of pay;

(b)

A maximum rate of pay; and

(c)

A midpoint rate of pay that reflects the approximate relative market value of positions occupying such grade.

(2)

The midpoint rate of pay in each succeeding grade shall be seven and one-half percent (7 1/2%) greater than the midpoint in each respective preceding grade. The midpoint also shall be equal to approximately one-half of the sum of the minimum and maximum rates of pay in that grade.

(3)

The difference between the minimum and the maximum rates of pay in Grades 1 through 9 shall be 35%. The difference between the minimum and the maximum rates of pay in Grades 10 through 20 shall be 50%.

(4)

The midpoint rates of pay in each grade shall be adjusted periodically by the Manager, with the advice and consent of the Board, to reflect changes in the relative market value of Township positions. The Manager may, at his discretion, participate in compensation surveys to determine the necessity of such changes.

(5)

No employee's base salary shall at any time exceed the maximum rate of pay established for the grade to which the employee's position has been assigned.

(6)

An employee who has demonstrated consistently outstanding performance or who has made a unique or unusually meritorious contribution to the Township's operations may receive, at the Board's discretion, appropriate commendation and/or a one-time bonus not to exceed 5% of such employee's current base salary. Such bonus shall not be added to that employee's base salary.

New appointments to positions shall generally be made at the minimum rate in the appropriate grade. The Manager may, at his discretion, however, approve a higher starting rate within the appropriate grade when special circumstances warrant, such as preexisting pay or high or unique qualifications of the employee.

For purposes of implementing this plan, each current position shall be placed within the grade to which it has been assigned by the Manager, provided that no employee's basic pay shall be reduced as a result thereof. An employee's rate of pay may be increased immediately upon this plan's adoption, within the ranges established for the appropriate grade, if the Manager believes special circumstances warrant such. Alternatively, an employee's rate of pay may, at the Manager's discretion, initially be kept constant at the level in effect prior to this plan's adoption.

Any employee who is promoted to a higher grade shall be placed in a rate of pay that is equal to or greater than such employee's rate of pay in effect before the promotion.

Subject to provisions of collective bargaining agreements, nothing contained herein shall prohibit a department head from recommending or the Manager from enacting a demotion, a reduction in pay or other appropriate action for an employee whose performance is appraised as below average or worse.

The Manager's job performance and rate of pay shall be reviewed at least once each year, or as otherwise mutually agreed to by the Board and the Manager, either informally or formally through a contract.

Overtime and compensatory time may be authorized by department heads and the Manager. Payment for overtime and credit for compensatory time shall be in accordance with collective bargaining agreements, other formal contracts, the Fair Labor Standards Act and other applicable federal, state and local laws and policies and procedures established by the Manager.

The effective date of any pay increases enacted under Subsection J herein shall generally be the first full payroll period falling on or after the plan's date of enactment, or as otherwise established by the Manager.

§ 5-61 Disciplinary actions and separations.

Demotion.

(1)

A department head may demote an employee within the department for cause subject to the approval of the Manager. A written statement of the reasons for any such action shall be furnished by the department head to the employee, and a copy shall be filed with the Manager at least five days prior to the effective date of the action.

(2)

No demotion shall be made as a disciplinary action unless the employee to be demoted is eligible for employment in a lower class. Any regular employee who is demoted may appeal the demotion through the appropriate grievance procedures.

Suspension. The department head may, for disciplinary purposes, suspend without pay any employee for such length of time as he considers appropriate, not exceeding 30 days in any twelve-month period, subject to approval by the Manager. The Manager and the employee shall be furnished a written statement by the department head specifically setting forth reasons for such suspension prior to the suspension.

Layoffs.

(1)

An employee may be laid off when the Manager deems it necessary or is directed by the Board by reason of shortage of work or funds, the abolition of the position or other material change in the duties or organization.

(2)

The Manager shall give notice to the employee of any proposed layoff and reasons therefor within a reasonable time before the effective date thereof.

Dismissals.

(1)

A department head may dismiss any employee for inefficiency, misconduct, violation of the Charter or this Code or other just cause with the approval of the Manager.

(2)

No dismissal of a permanent employee shall take effect unless at least two days prior to the effective date thereof the Manager gives to such employee a written statement setting forth in substance the reasons therefor.

(3)

Any employee who is dismissed shall have the right to appeal the dismissal in accordance with the appropriate grievance procedures.

(4)

Dismissal of department heads shall be subject to approval by the Board.

Resignations.

(1)

To resign in good standing, an employee must give the Manager at least 14 calendar days notice unless the Manager, because of extenuating circumstances, agrees to permit a shorter period of notice.

(2)

A written resignation shall be supplied by the employee to the Manager giving reasons for leaving. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment with the Township.

(3)

The Manager shall notify the employee, in writing, of the acceptance of his resignation.

Retirement. Retirement shall be in accordance with existing Township pension or retirement plans.[1]

[1]

Editor's Note: See Ch. 62, Pensions and Annuities.

Issuance and return of Township property.

(1)

It is the responsibility of the department head to keep a record of all Township property which is in the hands of employees within his department.

(2)

An employee leaving the service, whether through retirement, resignation, layoff or dismissal, is responsible for returning any Township property which he may have in his possession. Upon termination, such property must be returned to the department which the employee is leaving. When an employee terminates his employment, the department head shall certify to the Manager that all property has been returned.

(3)

All moneys due the employee shall be withheld until the Manager is satisfied that all Township property has been returned.

§ 5-62 Complaints and grievances.

Complaints. Any employee who has a complaint shall first notify his immediate supervisor.

Grievances. In the case of employees covered by formal contract, grievance procedures shall be those stipulated in the contract. In the case of employees who are not covered by formal contract, grievance procedures shall be established by the Board and circulated to the affected employees.

§ 5-63 Position classification.

[Amended 3-27-1989 by Ord. No. 89-12]

Under the direction of the Township Manager (the "Manager"), the Township shall provide a plan for classifying all positions in the Township's employ whereby each position shall, in accordance with its level of responsibilities, skills, training, working conditions or other job requirements, be so grouped and identified by various series, classifications and grades.

It shall be the responsibility of the Manager, with input from department heads or a compensation committee he selects, to:

(1)

Determine the level of responsibilities and other applicable criteria to consistently group a position into a series, classification and grade.

(2)

Place in the appropriate series, classification and grade all existing positions falling initially under this plan and all newly created positions that may be created after the plan's adoption.

(3)

Decide from time to time whether a position is in its appropriate series, classification and grade and change a position, when facts warrant, from one series, classification and grade to another.

Certain details of the classification system shall be periodically distributed as follows:

(1)

The series, classification, grade and pay range for each position shall be presented to the Board and provided to each employee annually on or about the later of January 1, the date on which the annual Township budget is adopted, or the date on which a new collective bargaining agreement with civilian employees is ratified.

(2)

Changes made throughout the year to a position's series, classification, grade, pay ranges or the standards used to determine each shall be presented to the Board and provided to each affected employee no later than 30 days following the implementation of such changes.

The classification process shall work as follows:

(1)

The process for designating the series, classification, grade and pay range of any current position falling under this plan or of any position created after adoption of this plan may be initiated by a department head or by the Manager.

(2)

The Manager shall then approve a series, classification, grade and pay range for each position under this plan, based upon input from department heads or a compensation committee, if he so chooses. The Manager's decision as to which series, classification, grade and pay range a position is assigned shall be final, subject only to a grievance procedure contained in any collective bargaining agreement ratified after this plan's adoption that specifically applies to this plan.

§ 5-64 Personnel records.

The Manager shall maintain records necessary for the proper administration of personnel practices and procedures.

Individual personnel records shall be maintained in confidential files which are not subject to public inspection.

Requests for the disclosure of individual personnel information will be honored only as prescribed by law or upon request by the employee. Employees shall be informed of requests for information.

The Manager shall prescribe the necessary forms for reports of all personnel changes. Such forms shall provide space for entering such supporting or other pertinent information as the Manager shall deem necessary.

§ 5-65 Standards of conduct. [1]

General. The standards of conduct shall be as specified in the Charter and the standard of ethics section of this chapter.[2]

[2]

Editor's Note: See § 5-10 of this chapter.

Outside employment. Employees who wish to obtain outside employment shall obtain prior written approval from the Manager. Employees shall not engage in outside employment which would in any way hinder the objective and impartial performance of their public duties, embarrass the Township or impair their efficiency on the job. Employees who are or have been granted permission to engage in outside employment must sign the following waiver:

"The undersigned, an employee of the Township of Radnor, Pennsylvania, does hereby waive and release said Township from any liability because of any injury or sickness incurred by reason of any employment accepted by the undersigned other than as an employee of the Township. This waiver shall be binding upon my heirs, representatives or assigns."

Gifts and fees. Except for the annual Police and Fireman Fund, which is collected by the Suburban and Wayne Times, and contributions to the employees' pension or retirement funds, no employee shall accept any money, gift, service or other thing of value from any person, firm or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the Township; nor shall any employee receive any funds solicited directly or by others. No employee shall accept any money, gift, service, favor or other thing of value that may tend to influence him in the discharge of his duties or grant, in the discharge of his duties, any improper favor, service or thing of value.

[Amended 12-12-1977 by Ord. No. 77-34]

Falsification of records. Any employee who, for any reason, improperly alters, falsifies or destroys or causes to be altered, falsified or destroyed official documents, records or files, regardless of motive, is subject to immediate separation or other disciplinary action.

Conviction for criminal offenses. Conviction of any crime arising to a misdemeanor or felony shall constitute a basis for suspension or removal.

Citizens' complaints. Any written complaint of a citizen involving the conduct of an employee shall be filed with the Manager. The Manager shall keep a file not subject to public inspection of such complaint and the disposition thereof.

[1]

Editor's Note: See Ch. 39, Ethics, Code of.

§ 5-66 Merit and service awards.

The Board may make merit and service awards which recognize meritorious service of employees at retirement.

§ 5-67 Performance appraisal.

[Amended 3-27-1989 by Ord. No. 89-12]

The Manager shall develop and maintain one or more performance appraisal systems that:

(1)

Provide for an annual appraisal of the job performance of every employee. Such appraisals shall be administered at least once annually by the employee's direct supervisor and shall be reviewed and approved by the respective department head and by the Manager.

(2)

Encourage ongoing satisfactory levels of performance by employees.

(3)

Promote employee participation and feedback in the performance appraisal process.

(4)

Apply the results of such performance appraisals as a basis for paying, training, rewarding, penalizing, reassigning, promoting, demoting, retaining and removing employees.

Under procedures developed by the Manager, the performance appraisal system shall provide for the following:

(1)

Levels of performance standards shall be established to practically permit the accurate evaluation of job performance on the basis of objectively developed criteria related to the job in question, including, as a minimum, dependability, quality and quantity of work performed. Other criteria may be added or changed at the discretion of the Manager.

(2)

Each employee to be evaluated after this plan's adoption shall be given a written copy of the criteria that will be used in evaluating his job performance. Any subsequent changes made to the appraisal criteria shall be given, in writing, to each employee in a timely manner.

(3)

Each department head shall present to each employee under his/her supervision, no later than on such employee's anniversary date of hire, a written evaluation of that employee's performance during the previous year. Newly hired employees or current employees whose performance is judged less than satisfactory may be evaluated after six months of service or at other intervals, at the discretion of the department head and with the approval of the Manager. Initial performance appraisals administered under this plan shall commence as soon as practical following this plan's adoption, but no later than January 1, 1990.

(4)

The Manager shall review the rating of each employee appraised and may, at his discretion, change the rating. The Manager's decision shall be final, subject to only those grievance procedures in ratified collective bargaining agreements that specifically apply to this plan.

(5)

An employee who disagrees with the rating contained in a performance appraisal may, within five working days of the date of receipt of such rating, appeal, in writing, to the Manager, listing the reasons for the appeal. The Manager shall review feedback from the employee and the respective department head and shall render a decision within five working days; the Manager's decision shall be final, subject to only those grievance procedures in ratified collective bargaining agreements that specifically apply to this plan.

(6)

Each performance appraisal shall be made a part of the employee's personnel file. The employee shall receive a copy of each evaluation.

(7)

Subject to provisions contained in § 5-60 of this chapter and in ratified collective bargaining agreements, employees who have one or more appraisals showing less than satisfactory or below average job performance may be subject to actions, including but not limited to job training, counseling, reassignment, demotion, probation and termination.

§ 5-68 Suggestions.

The Board shall establish a system for the receipt and acknowledgment of suggestions of employees for improving Township service.

§ 5-69 Police personnel policies.

The Police Department Manual is hereby incorporated by reference and made a part of this chapter.[1]

[1]

Editor's Note: The Police Department Manual is on file and available for inspection in the office of the Police Chief.

§ 5-70 Civil service provisions.

[Amended 4-13-1981 by Ord. No. 81-12; 1-28-1991 by Ord. No. 91-08; 11-23-1992 by Ord. No. 92-21; 12-9-1996 by Ord. No. 96-33; 10-23-2000 by Ord. No. 2000-25; 7-19-2004 by Ord. No. 2004-28; 6-20-2011 by Ord. No. 2011-15; 10-13-2014 by Ord. No. 2014-13; 1-5-2015 by Ord. No. 2014-16; 12-12-2016 by Ord. No. 2016-11; 2-10-2020 by Ord. No. 2020-04; 7-13-2020 by Ord. No. 2020-14]

Definition of terms; word usage.

(1)

Definitions. Unless otherwise expressly stated, the following words and phrases, whenever used in this section, shall be construed to have the meanings indicated herein:

ALTERNATE COMMISSIONER

An individual appointed by the Appointing Authority in a First-Class Township to serve as an Alternate Civil Service Commissioner.

APPLICANT

Any individual who applies in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position full time in the Police Department.

APPOINTING AUTHORITY

The Board of Commissioners of the Township of Radnor, County of Delaware, Pennsylvania.

CERTIFICATION

The submission to the Appointing Authority pursuant to its request of the top three names taken from the Eligibility List created by the Civil Service Commission.

CHAIRPERSON

The Chairperson of the Civil Service Commission of the Township of Radnor, County of Delaware, Pennsylvania,

COMMISSION

The Civil Service Commission of the Township of Radnor, County of Delaware, Pennsylvania.

ELIGIBILITY LIST

The document created by the Commission after completion of the examination requirements set forth in Subsection D(1) through (6) for Patrol Officer and Subsection E(1) through (4) for higher ranks.

EXAMINATION

The series of examinations given to applicants to determine their qualifications for a position in the Police Department.

FURLOUGH LIST

The list containing the names of persons temporarily laid off from positions in the Police Department because of a reduction in the number of police officers.

PATROL OFFICER

For purposes of this section, an entry level sworn full-time position in the Police Department.

POLICE DEPARTMENT

The Police Department of the Township of Radnor.

POLICE OFFICER

A person employed by the Police Department as an Act 120 certified law enforcement officer, including a Patrol Officer, Corporal, Sergeant, Lieutenant, Captain, Deputy Superintendent and Superintendent.

PROBATIONER

A police officer in the Police Department who has been appointed or promoted, but who has not yet completed the one-year probationary period specified in Subsection D(14).

RANK

Recognized ranks in the Police Department are Patrol Officer; Corporal; Sergeant; Lieutenant; Captain; Deputy Superintendent; and Superintendent.

REDUCTION IN RANK

A change to a different rank where the employee fulfilled all of the requirements of this section for both the prior and current rank. However, a decrease in salary without a change to a different rank shall not necessarily 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 Radnor.

SUSPENSION

The temporary separation without pay of a police officer from the Police Department.

VICE CHAIRPERSON

A Commissioner of the Civil Service Commission elected by the Commissioners to preside over meetings in the Chairperson's disability, absence or recusal.

(2)

Gender. The words he, his, him, and men when used in this section represent both the masculine and feminine genders.

The Commission.

(1)

Civil Service Commission.

(a)

The Commission shall consist of three Commissioners who shall be qualified electors of the Township of Radnor and shall be appointed by the Appointing Authority for an initial term of six years and with only one reappointment, not to exceed 12 years. Any vacancy occurring in the Commission for any reason whatsoever shall be filled by the Appointing Authority for the unexpired term within the period of 30 days after such vacancy occurs.

(b)

Each member of the Commission, before entering upon the discharge of the duties of his 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 official duties with fidelity. No Civil Service Commissioner shall receive compensation.

(c)

The Board of Commissioners may appoint no more than three qualified electors of the Township to serve as alternate members of the Commission. The term of office shall be six years with only one reappointment. When serving in the stead of a Commissioner, an Alternate Commissioner shall be entitled to participate in all proceedings and discussions of the Commission to the full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in the First Class Township Code and as otherwise provided by law. Any Alternate Commissioner not serving in the stead of a Commissioner may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member pursuant to Section 628 of the First Class Township Code.

(2)

Offices incompatible with Civil Service Commissioner. No Commissioner or Alternate Commissioner shall at the same time hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania, the Township of Radnor, or any political subdivision of the Commonwealth of Pennsylvania, except that one member of the Commission may be a member of the Board of Township Commissioners.

(3)

Organization of Commission; quorum.

(a)

The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson, one as its Vice Chairperson and one as its Secretary. The Commission shall thereafter meet and organize on the first Monday of January year. Three members of the Commission shall constitute a quorum and no action of the Commission shall be valid unless it shall have the concurrence of at least two members.

(b)

If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairperson shall designate as many Alternate Commissioners to sit on the Commission as may be needed to provide a quorum. Any Alternate Commissioner shall continue to serve on the Commission in all proceedings involving the matter or case for which the Alternate Commissioner was initially designated until the Commission has made a final determination of the matter or case. Designation of an Alternate Commissioner shall be made on a case-by-case basis in rotation according to declining seniority among all Alternate Commissioners.

(c)

For purposes of hiring and promoting police officers under this section, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate "matter or case" under Subsection B(3)(b), above, and each step of the hiring or promotional process need not be voted upon or approved by the same composition of Commissioners or Alternate Commissioners, as the case may be, provided that the quorum requirement has been satisfied.

(4)

Duties of Chairperson and Secretary. The Chairperson, or in his or her absence, the Vice-Chairperson, 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 section. The Chairperson shall carry on at the direction of the Commission all official correspondence of the Commission, send out all notices required by law and this section, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or this section. 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, keep a record of each examination or other official action of the commission, and perform all other duties required by law or these rules.

(5)

Meetings. Except for the annual organizational meeting, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. The Commission shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by law or this section. The Chairman of the Commission shall give each Commissioner and Alternate Commissioner 48 hours' written notice of each and every meeting of the Commission.

(6)

Clerks and supplies. The Appointing Authority 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 retain counsel, and any other consultants or experts as are necessary. The elected and appointed officials of the Township of Radnor shall assist the Commission with all reasonable and appropriate efforts including compensation for any counsel or experts retained by the Commission. Physicians, psychiatrists, psychologists and other qualified medical professionals shall be appointed by the Appointing Authority.

(7)

Amendment of section. The Commission may recommend to the Appointing Authority that this section be amended, revised, voided or replaced for any reason by action of a majority of the Commission at any properly convened meeting of the Commission. Before any changes to this section may become effective, those changes after adoption by the Commission must be approved by the Appointing Authority.

(8)

Minutes and records. The Commission shall keep minutes of its proceedings and records of examinations and other official actions. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act, 1968 P.L. 961, Number 428, 53 P.S. § 9001. Any and all records related to any disciplinary action filed with the Commission shall be open to public inspection subject to reasonable regulation. The Chairperson shall keep minutes of its proceedings showing the vote of each member upon each question. If the member is absent or fails to vote, the Chairperson shall indicate that fact in the minutes.

(9)

Investigations. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of this section. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.

(10)

Subpoenas.

(a)

The Commission shall have the power to issue subpoenas over the signature of the Chairperson, or designee, to acquire the attendance of witnesses and the production of records and papers pertaining to any hearing, investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the Court of Common Pleas, County of Delaware, Pennsylvania, and shall be paid from appropriations for the incidental expense of the Commission. All elected and appointed officials, police officers, and employees of the Township of Radnor shall attend and testify when required to do so by the Commission without additional compensation.

(b)

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.

(c)

If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas, County of Delaware, Pennsylvania 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.

(11)

Annual report. The Commission shall make an annual report to the Township Commissioners containing a brief summary of its work during the year which shall be available for public inspection.

Applications to the Police Department.

(1)

Eligibility for examination. In order to be eligible for participation in any examination for a position with the Police Department, every applicant must submit a completed application form to the Commission before the deadline stated by the Commission for that specific examination. The applicant must make an oath or affirmation that the application is completed truthfully, and the applicant is subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.

(2)

Nondiscrimination in employment. The Township of Radnor is an equal opportunity employer. It is the policy of the Township of Radnor and the Commission to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, veteran's status, marital status or non-job-related physical or mental handicap or disability. The Township of Radnor and the Commission will provide equal opportunities in employment and promotion. No disciplinary or other adverse action by the Appointing Authority or Commission taken against a police officer covered by this section shall be based on race, religion, color, national origin, gender, age, veteran's status, marital status or non-job-related physical or mental handicap or disability.

(3)

Availability. Application forms shall be available to all interested persons in the Office of the Township of Radnor Secretary and from such other offices and officers that the Commission, from time to time, may choose to designate.

(4)

Age. All applicants for the position of Patrol Officer must have reached their 21st birthday on or before the deadline for submitting completed applications.

(5)

General qualifications for Patrol Officer.

(a)

At the time the Commission adopts the Eligibility List at a public meeting, every applicant for the position of Patrol Officer in the Police Department shall possess a high school diploma or equivalent. In addition, the applicant must be presently enrolled as a student in good standing in a Certified Municipal Police Academy or have successfully completed Commonwealth of Pennsylvania Municipal Police Officers' Education and Training Commission Act 120 training and thereby be eligible for certification by the Commonwealth of Pennsylvania Municipal Police Officers' Education and Training Commission. Furthermore, every applicant for the position of Patrol Officer shall be a United States citizen, be physically and mentally fit to perform the full duties of a police officer, and possess a valid motor vehicle operator's license at the time of appointment.

(b)

Veterans' preference points. Pursuant to the Veterans' Preference Act, 51 Pa. C.S. § 7104(a), any applicant for the position of Patrol Officer, whether lateral or nonlateral, who qualifies as a "soldier" under this Act, shall have 10 points added to his total score if he had received passing scores in all other areas of testing and qualification. Any applicant claiming veterans' preference shall be responsible for providing any and all relevant documents to the Commission.

(6)

General Qualifications: Deputy Superintendent, Captain, Lieutenant, Sergeant and Corporal.

(a)

All applicants for a promotional position shall currently be Radnor police officers and have continuous prior service with the Police Department of the Township of Radnor as follows:

[1]

An applicant for the position of Corporal shall have at least three years of experience as a Patrol Officer in the Police Department of the Township of Radnor.

[2]

An applicant for the position of Sergeant shall have at least four years of experience as a Patrol Officer or higher rank in the Police Department of the Township of Radnor.

[3]

An applicant for the position of Lieutenant shall have at least six years of experience as a Patrol Officer or higher rank with the Police Department of the Township of Radnor and two years of experience as a Sergeant or higher rank with the Police Department of the Township of Radnor.

[4]

An applicant for the position of Captain or Deputy Superintendent shall have at least 10 years of experience as a Patrol Officer or higher rank with the Police Department of the Township of Radnor and two years of experience as a Lieutenant or higher with the Police Department of the Township of Radnor.

(7)

Rejection of applicant. 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 section 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 as eligible any applicant who is incapable of performing all the essential functions of the position or who has a physical or mental condition which restricts the person's ability to perform all of the essential functions of the position applied for, or who is a habitual substance abuser, who is guilty of any crime involving moral turpitude, or who has been dismissed from public service for delinquency or misconduct in office.

(8)

Public notice. The Commission shall conspicuously post, at least three weeks prior to the deadline for accepting applications, in the Township of Radnor Municipal Building Administration Office and the Township of Radnor Police Department notice of the time and place of the initial examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained for the examination, and the deadline for filing applications. In addition, at least three weeks prior to the deadline for accepting applications, publication of the notice shall occur in at least one newspaper of general circulation or a newspaper circulating generally in the Township of Radnor.

(9)

Recording and filing applications. Applications for the position in the Police Department to be filled shall be received at the Township of Radnor Municipal Building Administration Office only after an examination has been properly advertised and before the deadline for receiving applications which must be set forth in the public advertisement. Applications and required documents will be received by the Township of Radnor Secretary or his/her designee in full and no portion thereof shall be accepted. That person shall record the receipt of the application. Applicants for the position of Patrol Officer shall submit the following documents with the application: a photocopy of his driver's license; a photocopy of documentation certifying receipt of his high school diploma or equivalent; a photocopy of documentation certifying completion of Commonwealth of Pennsylvania Municipal Police Officers' Education and Training Commission Act 120 training; proof of citizenship; and if Veterans' Preference is being sought, a photocopy of his/her Honorable Discharge or DD-214 from the United States Armed Forces. Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction, provided that such action by the Commission shall not serve to extend the applicant's filing deadline.

(10)

Hearing for disqualified applicants. If any applicant or person is aggrieved by the refusal of the Commission to examine or to certify the applicant as eligible after examination, the Commission shall at the written request of the applicant, within 10 days appoint a time and place for a public hearing, at which time the Commission shall take testimony and review its refusal to provide examination or certification. The hearing shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq. The applicant or aggrieved party must make his request for a hearing in writing within 10 calendar days of the date when he knew or should have known of the Commission's action which is being challenged. The decision of the Commission shall be final.

(11)

Fees. Radnor Township may set a reasonable fee to be charged in connection with the filing of an application for Patrol Officer. The fee shall be identified in the public notice required by Subsection C(8). There shall be no fee assessed in connection with any application for promotion.

For the examination of applicants for the position of Patrol Officer.

(1)

Hiring procedures for the position of Patrol Officer. The Commission shall have two separate procedures for screening and ranking applicants for Patrol Officer. One, for lateral transfers, will limit applicants to current Act 120 Certified Pennsylvania municipal police officers and current Pennsylvania State Troopers, in each case with at least two years of full time service as of the application filing deadline. The other, for nonlateral transfers, will be open to anyone who meets the requirements of Subsections C(4) and (5). At the time a testing cycle for a Patrol Officer is announced, the Commission shall specify whether the testing cycle is open to lateral transfers or to nonlateral transfers.

(2)

The lateral transfer examination for a Patrol Officer shall consist of two oral examinations which will be graded on a 100-point scale with each exam representing 50% of the final score. Both oral examinations shall include questioning applicants regarding how they would respond to relevant law enforcement situations and other matters which reasonably test the applicants' ability to perform police work as a Patrol Officer. One oral examination shall be conducted by a panel designated by the Commission. The other examination shall be conducted by a panel designated by the Superintendent. In addition, each applicant will undergo a physical fitness test. This physical fitness test will be graded on a pass/fail basis for every applicant. After an applicant has been extended an offer of employment, final appointment shall be contingent upon the applicant passing a medical and psychological examination as well as passing a background investigation.

(3)

The nonlateral examination procedure for Patrol Officer shall consist of a written and an oral examination which will be graded on 100-point scale with the written examination representing 50% of the final score and the oral examination representing 50% of the final score. In addition, each applicant will undergo a physical fitness test. This physical fitness test will be graded on a pass/fail basis for every applicant. After an applicant has been extended an offer of employment, final appointment shall be contingent upon the applicant passing a medical and psychological examination as well as passing a background investigation.

(4)

Written examination for nonlateral Patrol Officer. The written examination for applicants for nonlateral Patrol Officer shall be graded on a 100-point scale. Only the applicants receiving a grade of 75% or higher will continue in the application process and participate in the oral examination. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their test results and the passing applicants shall be scheduled for an oral examination appointment.

(5)

Oral examination for nonlateral Patrol Officer. The applicants for Patrol Officer who scored 75% or higher in the written examination shall be given an oral examination which will be graded on a 100-point scale with a score of 75% or higher necessary for passing. The oral examination shall include questioning applicants regarding how they would respond to relevant law enforcement situations and other matters which reasonably test the applicants' ability to perform police work as a Patrol Officer. Within 30 days after the applicants' oral examination, they shall be informed of the score in their oral examination and total overall score, and each passing applicant shall be informed of the date for physical fitness testing.

(6)

Physical fitness testing for Patrol Officer. All applicants for the position of Patrol Officer must pass four fitness regimens: a 300-meter run; a series of push ups; a series of sit ups; and, a 1.5 mile run. Written criteria for performing and passing each regimen will be approved by the Commission when it announces the submission date for Patrol Officer applications. Moreover, this written criteria will be included with each application.

(7)

Background investigation.

(a)

The Commission shall request the Superintendent to arrange for a background investigation for applicants on the eligibility list. An investigation will be conducted on the top applicants to ensure a sufficient certified eligibility list for each opening. The background investigation shall include interviews with the applicant's family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and school officials. In addition, the applicant's record of criminal history shall be investigated. The applicant may be interviewed directly when the information collected during the background investigation requires clarification or explanation.

(b)

All applicants shall execute an appropriate authorization for release of personal information, and cooperate fully in providing information upon request to ensure a thorough and complete investigation. After completion of the background investigation, the Superintendent shall make a recommendation to the Commission as to whether or not the applicant is an appropriate candidate for consideration for appointment as a Patrol Officer.

(c)

As part of the background investigation, all applicable applicants shall undergo a polygraph test(s) based upon a personal data questionnaire that an applicant shall be required to complete and submit to the polygraph examiner. The polygraph examination will adhere to the professional standards of the American Polygraph Association. If the examiner shall deem any of the applicant's responses to be deceptive, the examiner shall inform the applicant and give the applicant the opportunity to explain, deny, or admit the deception. If the applicant denies being deceptive or if the examiner finds an explanation to be unsatisfactory, the applicant shall be given the opportunity to reanswer the question or, if determined by the examiner to be necessary, to retake the test.

(d)

Eligibility of the applicant shall be based upon the criteria set forth in Subsection C(7) of this section and on passing the polygraph examination. The Commission's recommendation shall be in writing and if the recommendation is to disqualify, then a detailed written explanation of the reasons for disqualification must be included. The Commission shall make the final determination as to whether the information collected during the background investigation warrants rejection of the candidate.

(e)

Within 30 days after the Commission considers the recommendation of the Superintendent or his/her designee, each applicant will be informed whether he has passed the background investigation. Disqualified applicants may appeal pursuant to Subsection C(10).

(8)

Certification of the list of eligible candidates and appointment.

(a)

At the completion of the examination requirements set forth in Subsection D(1) through (7), the Commission shall rank all passing applicants receiving the highest score at the top of the Eligibility List and the applicant receiving the lowest passing score at the bottom of the Eligibility List. Applicants who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the Eligibility List. In the case of tied scores, the tie shall be broken in favor of the earliest time/date stamp on the application.

(b)

The Eligibility List shall be valid for one year from the date the Commission ranks all passing applicants, assigns veterans points and formally adopts the eligibility list. The Commission may, at its sole discretion, by a vote of the majority of the Commission at a duly authorized Commission meeting, extend the Eligibility List up to an additional 12 months. In the absence of a lawful extension by the Commission, the Eligibility List shall expire. The Commission may, at its sole discretion, void an Eligibility List at any time for any reason.

(9)

Vacancy. The Appointing Authority may fill any vacancy in an existing position of Patrol Officer in the Police Department which occurs as a result of expansion of the Police Department, retirement, resignation, disability or death, by the reappointment or reinstatement of a former employee who has been furloughed. Any officer, who has been furloughed for more than one year, will be required to undergo a medical examination, a psychological examination and a full background investigation, inclusive of criminal conviction search.

(10)

Vacancy appointment. If no Furlough List exists or if positions remain to be filled after all names on the Furlough List have been offered reemployment, every vacant position, except that of Superintendent, shall be filled only in the following manner:

(a)

The Appointing Authority shall notify the Commission of any vacancy which is to be filled and shall request the certification of three names from the Eligibility List;

(b)

If three names are not available, then the Commission shall certify the name(s) remaining on the Eligibility List.

(11)

Conditional appointment. When the Appointing Authority deems it appropriate to make an appointment to fill a Patrol Officer vacancy, it shall make a conditional appointment from any of the three names certified as eligible, subject to that person passing the medical and psychological examinations. When one or more of the three applicants on the certified list is a veteran, then the veteran shall be selected.

(12)

Procedures after conditional appointment. After the Appointing Authority selects an applicant from the certified list of three for appointment to fill a vacancy, the candidate shall submit to a medical examination and a psychological examination by the appropriate medical experts. The applicant shall be notified of his conditional appointment contingent upon passing these two components. The medical and psychological examinations shall be as specified in Subsection D(15).

(13)

Disqualification. Should the applicant be disqualified based upon failure of any of the following components: written examination, oral examination, physical agility test, medical examination, psychological examination or background investigation, the Commission shall then certify another name to be included with the two previously certified names for consideration by the Appointing Authority.

(14)

Probationary period. Every successful applicant appointed to the position of Patrol Officer with the Police Department shall serve a one-year probationary period. During the probationary period, the Probationer may be dismissed only for cause for the reasons set forth in Subsection C(7). However, at the end of the one-year probationary period, if the conduct of the Probationer has not been satisfactory to the Appointing Authority, the Probationer shall be notified in writing that the appointment will not be permanent. At that time, the Probationer's employment shall end. Any Probationer, who is not informed in writing that his performance has been unsatisfactory, shall receive a permanent appointment. Any Probationer who is notified in writing that his appointment will not be made permanent has no rights of appeal under this section.

(15)

Medical and psychological examinations. Physical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be under the direction of a psychiatrist or psychologist.

(a)

The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by the Appointing Authority and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question his ability to perform all of the essential functions of the position for which he was conditionally appointed.

(b)

If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform any essential functions of a position, a person designated by the Appointing Authority shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

(c)

If, at the conclusion of the interactive discussion under Subsection D(15)(b), the Appointing Authority determines that the conditional appointee is not qualified, the Appointing Authority shall give written notice to the conditional appointee and the Civil Service Commission.

(d)

As used in this section, the following definitions shall apply:

MEDICAL EXAMINATION

Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.

PHYSICIAN

Shall have the meaning given to it in 1 Pa.C.S.A. § 1991 (relating to definitions).

QUALIFIED MEDICAL PROFESSIONAL

An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:

[1]

As a physician assistant pursuant to the Act of December 20, 1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985," or the Act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act," or

[2]

As a certified nurse practitioner pursuant to the Act of May 22, 1951 (P.L. 317, No. 69), known as "The Professional Nursing Law."

Procedure for the examination of candidates for the positions of Corporal, Sergeant, Lieutenant, Captain and Deputy Superintendent.

(1)

General examination requirements for promotions.

(a)

Corporal and sergeant. The examination for the positions of Corporal and Sergeant shall be a written and oral examination which will be graded on a 100-point scale with the written examination representing 50% of the final score and the oral examination representing 50% of the final score. After a candidate has been extended an offer of promotion, the promotion shall be final.

(b)

Lieutenant. The examination for the position of Lieutenant shall be a written and oral examination which will be graded on a 100-point scale with the written examination representing 50% of the final score, and the oral examination representing 50% of the final score. After a candidate has been extended an offer of promotion, the promotion shall be final.

(c)

Captain. The examination for the position of Captain shall be an oral examination which will be graded on a 100-point scale. After a candidate has been extended an offer of promotion, the promotion shall be final.

(d)

Deputy superintendent. The examination for the position of Deputy Superintendent shall be an oral examination which will be graded on a 100-point scale. After a candidate has been extended an offer of promotion, the promotion shall be final.

(2)

Oral examinations.

(a)

All applicants for the positions of Corporal, Sergeant, Lieutenant, Captain and Deputy Superintendent shall be given an oral exam which will be graded on a 100-point scale. The oral examination process designated by the Commission shall, in addition to any other issues deemed appropriate by the Commission or its designee(s), include questioning applicants regarding how they would respond to relevant law enforcement situations and other matters which reasonably test the officer's ability to perform police work in that particular rank.

(b)

The manner in which the oral examination process is conducted, as well as the identity of the individuals who will actually administer the oral examinations, shall be determined by the Commission.

(3)

Certification of the list of eligible candidates for promotion.

(a)

At the completion of the promotional examination requirements set forth in Subsections E(1) and (2), the Commission shall, for each promotion test, rank all passing applicants receiving the highest score at the top of the Eligibility List and the applicant receiving the lowest passing score at the bottom of the list. In the case of tied scores, the tie shall be broken in favor of the earliest time/date stamp on the candidate's letter of intent to be examined.

(b)

The Eligibility List shall be valid for one year from the date the Commission ranks all passing applicants and formally adopts the Eligibility List. The Commission may, at its sole discretion, by a vote of the majority of the Commission at a duly authorized Commission meeting, extend the Eligibility List up to an additional 12 months. In the absence of a lawful extension by the Commission, the list shall expire. The Commission may, at its sole discretion, void an Eligibility List at any time for any reason.

(4)

Probationary period. Every successful applicant appointed to a promotional position with the Police Department shall serve a one-year probationary period. A promoted officer, during probation, may be returned to a prior rank only for cause for the reasons set forth in Subsection C(7). However, at the end of the one-year probationary period, if the conduct of the Probationer has not been satisfactory to the Appointing Authority, the Probationer shall be notified in writing that the appointment will not be permanent. At that time, a promoted officer shall return to his previous rank. Any Probationer who is not informed in writing that his performance has been unsatisfactory shall receive a permanent appointment to the new position. Any Probationer who is notified in writing that his appointment will not be made permanent has no rights of appeal under this section.

Suspensions, removals and reductions in rank.

(1)

Grounds for disciplinary action.

(a)

No person appointed to a position in the Police Department pursuant to this section may be suspended without pay or removed and no person promoted in rank pursuant to this section may be reduced in rank except for the following reasons:

[1]

Physical or mental disability affecting his ability to continue in service, in which cases the person shall receive an honorable discharge from service;

[2]

Neglect or violation of any official duty;

[3]

Violation of any law of this Commonwealth which provides that such violation constitutes a misdemeanor or felony;

[4]

Inefficiency, neglect, intemperance, disobedience of order, or conduct unbecoming an officer;

[5]

Intoxication while on duty;

[6]

Engaging or participating in conducting of any political or election campaign otherwise than to exercise his own right of suffrage, except that this clause shall only apply to a police officer while on duty or in uniform or while using any Township property;

[7]

Engaging or participating in the conduct of any political or election campaign for an incompatible office pursuant to § 1401 of the First Class Township Code.

(b)

No police officer shall be removed for religious, racial, color, national origin, gender, age, veteran's status, marital status or non-job-related physical or mental handicap or disability, or political reasons.

(2)

Furloughs. If for reasons of economy or other valid reasons, it shall be deemed necessary by the Appointing Authority to reduce the number of police officers in the Police Department, then the Appointing Authority shall furlough the person or persons, including probationers, last appointed to the respective force.

(a)

Such removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until such reduction shall have been accomplished.

(b)

In the event that the Appointing Authority decides to increase the number of police officers in the Police Department, the furloughed police officers shall be reinstated in order of their seniority in the Police Department if the furloughed police officer accepts reinstatement in writing within 30 days of receiving notice of the opening.

(c)

Any furloughed police officer must accept reinstatement in writing within 30 days of receiving notice of the opening or shall forgo the reinstatement.

(3)

Notice of suspension, removal or reduction in rank.

(a)

Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Appointing Authority clearly and in sufficient detail to enable the police officer to understand the nature of the charges against him and to allow him an opportunity to respond to those charges. The charges shall specify the subsection of Subsection F(1) 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 of Subsection F(1).

(b)

Hearings shall be before the Commission. Within five days after the imposition of disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified mail. In addition, the charges shall notify the officer of the right to appeal under Subsection F(4) of this section. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.

(4)

Hearings on suspension, removals and reductions in rank.

(a)

The police officer who has been suspended, removed or reduced in rank may appeal such decision by written notice to the Chairperson, Township of Radnor Civil Service Commission, 301 Iven Avenue, Wayne, PA 19087, requesting a hearing. The notice must be received by the Commission no later than 10 days of the police officer's receipt of the notice under Subsection F(3)(b). The officer may make written answers to any charges filed not later than the date fixed for the hearing. Failure of the officer to provide written answers to any of the charges shall not be deemed an admission by the officer.

(b)

Hearings shall be conducted by the Commission. The Commission shall schedule a hearing within 10 days from receipt of the police officer's written request for a hearing. At any such hearing, the officer against whom the charges have been made may be present and represented by counsel, may call witnesses and present testimony and documentation in defense. The Township of Radnor may also be represented by counsel, call witnesses and present evidence as is necessary to support the charges. A stenographic record of all testimony shall be taken at every hearing and preserved by the Commission.

(c)

All testimony shall be given under oath administered by the Chairperson, or in the absence of the Chair, the Vice-Chairperson. The Commission shall have the power to issue subpoenas as set forth in Subsection B(10). The hearing shall be open to the public unless, prior to the commencement of the hearing, a written or oral request to close the hearing is made by either the charged officer or the Township of Radnor.

(d)

In conducting a hearing under this section, the Commission's standard of review shall be to determine whether a preponderance of evidence has been presented to support the reason for the disciplinary action. The Commission may request post-hearing briefs, and shall issue a written decision containing specific findings of facts and conclusions of law within 60 days of receipt of the hearing transcript.

(e)

In the event the charges are dismissed, the record shall be sealed and not be available for public inspection. Additionally, the police officer sought to be suspended, removed or demoted shall be reinstated with full pay for the period of the suspension, removal or demotion, and no charges relating to the suspension, removal or reduction in Rank shall be officially recorded in the officer's record.