[HISTORY: Adopted by the Borough Council
of the Borough of Sayre 11-22-2016 by Ord. No. 924[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 27.
[1]
Editor’s Note: This ordinance also repealed former Ch.
A181, adopted 10-23-1995 by Ord. No. 731, as amended.
Unless otherwise expressly stated, the following words and phrases,
wherever used in these rules, shall be construed to have the meaning
indicated herein:
Any individual who applies in writing to the Commission in
response to a legally advertised notice of vacancy and/or examination
for any position in the Police Department.
The Borough of Sayre, of the County of Bradford of the Commonwealth
of Pennsylvania.
The Secretary of the Borough.
The submission to the appointing authority pursuant to its
request for three names taken from the eligible list developed by
the Civil Service Commission.
A list certified by the Commission and submitted to the Council
of eligible persons to be considered by council for a full-time position
in the Police Department.
The Chair of the Civil Service Commission of the Borough.
The Chief of Police of the Police Department.
The Civil Service Commission of the Borough.
An individual appointed by the Borough to serve as a member
of the Civil Service Commission.
Corporal of the Police Department.
The Borough Council of the Borough of Sayre, Pennsylvania.
A list prepared by the Commission of eligible persons for
possible inclusion in a certification list.
A person whose name is recorded on a current eligible list
or furlough list.
The series of tests given to applicants to determine their
qualifications for a position in the Police Department.
The list containing the names of persons temporarily laid
off from positions in the Police Department because of a reduction
in the number of officers.
His or her, he or she.
An entry-level full-time police position in the Police Department.
The Police Department of the Borough.
A patrolman, corporal or sergeant in the Police Department.
An officer in the Police Department who has been appointed
from an eligible list but who has not yet completed the work-test
period.
A change to a different position or rank where the employee
fulfilled all the requirements of these rules and regulations for
both the prior and current position or rank. However, 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 rules and regulations of the Commission.
The Secretary of the Civil Service Commission of the Borough.
Sergeant of the Police Department.
The temporary separation without pay of a police officer
from the Police Department.
A.
The Commission shall consist of three Commissioners.
B.
The Commissioners shall be qualified electors of the Borough.
C.
The Commissioners shall be appointed by the Borough Council.
D.
The Commissioners initially appointed shall be for terms of two,
four, and six years; thereafter, as terms expire, Commissioners shall
be appointed for terms of six years.
E.
Nothing in these rules shall prohibit any Commissioner, otherwise
qualified, from serving more than one six-year term.
F.
Each Commissioner, before entering upon the discharge of his duties
as a Commissioner, shall take an oath or affirmation to perform his
duties as a Commissioner with fidelity.
G.
No Commissioner, as a Commissioner, shall receive any compensation.
H.
Borough Council may appoint no more than three qualified electors
of the Borough to serve as alternate members of the Commission. The
term of office of the alternate members shall be six years. An alternate
member may not hold any other office in the Borough. When seated as
a voting alternate member, an alternate shall be entitled to participate
in all proceedings and discussions of the Commission to the same and
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 as otherwise provided by
law. An alternate 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.
Any vacancy in the Commission, for any reason whatsoever, shall
be filled by the Council for the unexpired term within the period
of 30 days immediately after the vacancy occurs.
A.
The Commission shall meet and organize on the first Monday of each
even-numbered year.
B.
Except for the biennial organizational meeting, all meetings of the
Commission shall be held at the call of the Chairperson or at the
call of two members of the Commission.
C.
Prior to any meeting, the Secretary shall give each Commissioner
written prior notice of the date and time of the meeting.
D.
Meetings of the Commission shall take place in the Council Room of
the Municipal Building located at 110 West Packer Avenue, Sayre, Pennsylvania.
E.
A quorum shall consist of three members of the Commission.
F.
No action of the Commission shall be valid unless it shall have the
concurrence of at least two members of the Commission.
H.
The Secretary shall keep minutes of the Commission proceedings which
shall show the vote of each member upon each question, or if absent
or failing to vote, such fact to be the case.
I.
All meetings of the Commission shall be conducted in a manner consistent
with the "Sunshine Act."
A.
At the organizational meeting of the Commission, the Commission shall
elect a Commission Chair, Vice Chair and Secretary.
B.
If the elected Chair, Vice Chair or Secretary for any reason ceases
to hold such elected position, a meeting of the Commission shall be
conducted within 30 days of the date of the vacancy or at the next
meeting of the Commission after the vacancy occurs. At such meeting
of the Commission the vacancy shall be filled.
C.
The Commission Chair, or in the Chairperson's absence, the Vice Chair,
shall preside at all meetings and hearings of the Commission, decide
all points of order and procedure and perform any duties required
by law or these rules and regulations.
D.
The Secretary, at the direction of the Commission, shall carry on
all official correspondence of the Commission, send out all notices
of the Commission required by law and these rules and regulations,
keep a record of each examination or other official action of the
Commission, and perform all other duties required by law and these
rules and regulations.
A.
The Council shall furnish the Commission with such supplies and clerical
assistance as may be necessary for the Commission to fulfill its duties,
including any necessary stationery, postage and printing.
B.
The Commission may retain counsel who shall be the Borough's Solicitor
unless the Council approves the use of an attorney other than the
Borough's Solicitor. The Borough shall have the authority to place
a reasonable limit on the amount allowed each year for the services
of the Commission Solicitor.
C.
The Commission may retain consultants and experts.
D.
The elected and appointed officials of the Borough shall assist the
Commission with all reasonable and appropriate efforts including compensation
for any counsel or experts retained by the Commission.
E.
The Council shall approve all reasonable expenses incurred by the
Commission in the nature of attorney's fees and other expert fees.
A.
The Commission shall have the power to make investigations concerning
all matters related to the administration and enforcement of these
rules and regulations.
B.
The Chair of the Commission is authorized to administer oaths and
affirmations for witnesses testifying in connection with the investigations.
A.
The Commission shall have the power to issue subpoenas over the signature
of the Chair, or designee, to acquire the attendance of witnesses
and the production of records and papers pertaining to any investigation
or inquiry, including any background investigation conducted pursuant
to these rules and regulations.
B.
The fees of subpoenaed witnesses for attendance and travel shall
be the same as for witnesses appearing in the Courts of the Commonwealth
and shall be paid from appropriations for the incidental expenses
of the Commission.
C.
All officers in public service and employees of the Borough shall
attend and testify when required to do so by the Commission.
D.
If any person shall refuse or neglect to obey any subpoena issued
by the Commission:
(1)
Upon conviction in a summary proceeding of the refusal or neglect,
that person shall be sentenced to pay a fine not to exceed $100, and
in default of the payment of the fine and costs shall be imprisoned
not to exceed 30 days; and
(2)
The Commission may apply by petition to the Court of Common Pleas
of Bradford County, Pennsylvania for its subpoena to require the attendance
of the person before the Commission or the said Court to testify and
to produce any records and papers necessary, and in default thereof
to be held in contempt of said Court.
A.
The Commission shall make an annual report to the Council.
B.
The annual report of the Commission to the Council shall contain
a brief summary of its work during the year and a full accounting
of any expenditure of public monies by the Commission.
C.
The annual report of the Commission shall be available for public
inspection.
A.
The Commission shall have the power to prescribe, amend and enforce
rules and regulations for carrying into effect its duties as a Commission
and shall be governed thereby.
B.
Before any rule or regulation of the Commission takes force and effect,
the same shall first be approved by the Council.
C.
Whenever any rule or regulation of the Commission has been approved
by the Council, it shall not be annulled, amended, or added to by
the Commission without the approval of the Council.
D.
No rule or regulation of the Commission shall be annulled, amended
or added to by the Commission except at a properly convened meeting.
E.
All rules and regulations of the Commission shall be made available
by the Council for public distribution and inspection.
A.
If at any time any part of these rules and regulations conflict with
commonwealth and/or federal law, the federal and commonwealth law
shall supersede these rules and regulations and those parts of these
rules and regulations so in conflict shall have no force and effect;
however, to the degree permitted by law, in case of such a conflict,
those parts of these rules and regulations not in conflict shall remain
in force and effect.
A.
The Borough is an equal-opportunity employer. It is the policy of
both the Borough 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 and/or mental handicap or disability.
B.
The Borough and the Commission will provide equal opportunities in
employment and promotions.
These rules and regulations shall only apply to the following
positions:
A.
The following procedures shall govern in the event that Borough Council
shall determine that a patrol officer's position needs to be filled.
C.
Within 14 days of the date that the Secretary receives notice of
the need on the part of the Council to fill a patrol officer's position,
the Council shall do the following:
(2)
Appoint an individual or individuals to conduct background investigations
of applicants;
(3)
Establish a date, place and time for the administration of the
written examination;
(4)
Give public notice, as follows, that the patrol officer position
needs to be filled:
(a)
By conspicuously posting, no later than 14 days prior to the
deadline for filing applications in the office of the Secretary, a
written notice of the fact that the Council intends to fill a patrol
officer position; and
(b)
Give notice at least once two weeks prior to the deadline for
filing application in one or more newspapers of general circulation
in Bradford County, Pennsylvania, of the vacancy, and the fact that
the Council intends to fill the vacancy.
(5)
The notice shall indicate the following:
(a)
The fact that the Council intends to fill a patrol office position;
(b)
The nature of the position at issue;
(c)
The fact that the Council is seeking applicants for the position
at issue;
(d)
The general requirements that need to be met by the person appointed
to fill the position;
(e)
The evaluation process, to wit:
[1]
A written examination;
[2]
A physical agility test;
[3]
An oral examination;
[4]
Background investigation pursuant to the Municipal Officers
Education and Training Commission (MPOETC);
[5]
Medical examination;
[6]
Drug screen test;
[7]
Psychological examination;
[8]
Criminal history search;
[9]
Verification that the applicant has a valid driver's license;
and
[10]
Interview of the applicant when information collected
requires clarification or explanation;
(f)
The fact that it is the responsibility of each applicant to
complete and accurately execute and sign their application;
(g)
The date, time and place where the rules and regulations of
the Commission are available for inspection and copying; and
(h)
The date, time and place where the written examination shall
be administered.
A.
Each person desiring to apply for examination for a patrol officer
position in the Police Department shall file with the Commission a
formal application in which the applicant shall set forth his (1)
full name and residence as well as his post office address, (2) citizenship,
(3) condition of health and physical capacity for public service,
(4) business or employment, residence for the last five years, and
(5) such other information as may be required by these rules and regulations
or the Commission to establish the applicant's qualification for the
position for which he is examined.
B.
No application shall be accepted unless the applicant swears or affirms
that the facts set forth in the application are true and correct to
the best of the applicant's knowledge, information and belief and
that the applicant is aware that the application is submitted subject
to the penalties of 18 Pa.C.S.A.[??] § 4904 relating to
unsworn falsification to authorities.
C.
Application forms shall be available in the Office of the Borough
Secretary.
D.
Application forms submitted by any applicant must be submitted to
the Office of the Borough Secretary.
E.
Upon receipt of an application in the Office of the Borough Secretary,
the Borough Secretary shall promptly review the application to determine
if there are any material omissions or errors.
F.
If the Commission finds that an application contains a material omission
or error the Commission shall find the applicant ineligible for the
position at issue and the Commission shall, in writing, notify the
applicant of the following:
(1)
The fact of their ineligibility;
(2)
The boxes of their ineligibility;
(3)
The right of the applicant to appeal the finding and how the
appeal must be perfected;
(4)
The disqualified applicant shall have 14 days from the date
of notification of the ineligibility to appeal to the Commission the
finding of the ineligibility.
G.
The Commission shall assume no responsibility for any missed filing
deadline due to a delay in the mail.
H.
The Secretary 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.
I.
Applicants may be received and recorded only after the patrol officer
vacancy has been published in a newspaper of general circulation in
Bradford County, Pennsylvania.
Applications for a patrol officer position in the Police Department
shall remain valid as an application for a patrol officer position
for a period of two years from the time the application is received
and accepted.
Before any applicant is conditionally offered a patrol officer's
position in the Police Department, the applicant shall be required
to submit to the following evaluation process:
A.
The timely filing of a true and correct application;
B.
Showing of compliance with the position's general requirements;
C.
A written examination;
D.
An oral examination;
E.
A physical agility test; and
F.
A background investigation, which shall succeed the written examination,
physical agility test, and oral examination.
Every applicant for a position as a patrol officer in the Police
Department shall:
A.
Have Act 120 police training certification;
B.
At the time of application be no less than 21 years of age;
C.
Be a citizen of the United States of America;
D.
Have graduated from an accredited high school or have an equivalent
education acceptable to the Commission;
E.
Be physically and mentally fit to perform the duties of a patrol
officer;
F.
Be of good moral character;
G.
Be licensed to drive a motor vehicle in the Commonwealth of Pennsylvania;
H.
In the case of a foreign-born applicant, submit evidence satisfactory
to the Commission showing the person to be a naturalized citizen;
I.
Not be currently using any drug illegally or excessively consuming
alcohol;
J.
Not be a person found guilty of a crime involving moral turpitude;
K.
Not be a person guilty of infamous or notoriously disgraceful conduct;
L.
Not be a person who has been dismissed from public service for delinquency
or misconduct in office;
M.
Not be a person affiliated with any group whose policies or activities
are subversive to the forms of government set forth in the Constitution
and Laws of the United States and the Constitution and Laws of the
Commonwealth of Pennsylvania; and
N.
Not have been found guilty of a crime graded as a misdemeanor 2 or
above.
The Commission shall, in writing, establish rules for the administration
of the examinations and the physical agility test.
A.
No applicant shall be administered a written examination unless the
applicant has paid to the Secretary an administrative fee in the amount
of $25.
B.
Subsection A of this § A181-20 notwithstanding, no applicant shall be required to pay an administrative fee if the applicant, prior to the administration of the written examination, in writing and under oath or affirmation, asserts that it would be a financial hardship to pay the administrative fee and sets forth facts in support thereof.
A.
Those applicants seeking a full-time patrol officer position in the Police Department who have filed a completed and timely application for the position of patrol officer and who have met the general requirements for the position at issue as said requirements are set forth in § A181-18 of these rules and regulations shall be administered a written examination.
B.
The written examination shall be a validated standardized test appropriate
to the police position at issue and it shall precede all other examinations
and tests.
C.
The Commission shall appoint a qualified designee specifically the
Chief of Police to select a written test from commercial test providers.
D.
The Commission shall establish the date, time and place of the written
examination.
F.
The notice of the intended administration of the written examination
shall be sent no later than 10 days prior to the administration of
the written examination.
G.
The written examination shall be based on a one-hundred-point scale.
H.
A passing score on the written examination shall be a score of 75%
or above.
I.
Every applicant who receives a passing score on the written examination
shall be permitted to proceed further in the selection process.
J.
Any applicant scoring less than 75% on the written examination shall
be rejected as an applicant.
K.
Within 10 days immediately after receiving written notice of the
written examination scores, the Secretary shall send written notice
of the following to those applicants found to be ineligible as a result
of their written examination score:
L.
Within 10 days immediately after receiving written notice of the
written examination scores, the Secretary shall send written notice
of the following to those applicants who remain eligible:
A.
Those applicants eligible to participate in physical agility testing
shall be administered a physical agility test.
B.
The physical agility test shall be administered either before or
after the oral examination.
C.
The Commission shall establish a date, time and place for the physical
agility test.
E.
The physical agility test shall involve five disciplines.
F.
Regarding each discipline the applicant shall be graded on a pass/fail
basis.
G.
To pass the physical agility test regarding each discipline the applicant
must earn a passing grade.
I.
The following standards shall apply to the respective aforementioned
disciplines:
|
Male Standards
|
Female Standards
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Age
|
20-29
|
30-39
|
40-49
|
50-59
|
60+
|
20-29
|
30-39
|
40-49
|
50-59
|
60+
| |
|
300-meter run
| |||||||||||
|
50TH
|
56.0
|
57.0
|
67.6
|
80.0
|
64.0
|
74.0
|
86.0
| ||||
|
Male Standards
|
Female Standards
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Age
|
20-29
|
30-39
|
40-49
|
50-59
|
60+
|
20-29
|
30-39
|
40-49
|
50-59
|
60+
| |
|
1 Minute Sit-ups
| |||||||||||
|
50th
|
40
|
36
|
31
|
26
|
20
|
35
|
27
|
22
|
17
|
8
| |
|
1.5-Mile Run
| |||||||||||
|
50th
|
11:58
|
12:25
|
13:05
|
14:33
|
16:19
|
14:15
|
15:14
|
16:13
|
18:05
|
20:08
| |
(1)
Body drag: An applicant is required to remove a simulated motor
vehicle operator weight approximately 200 pounds from behind a steering
wheel of a motor vehicle and drag the simulated operator to a point
50 feet from the motor vehicle.
(2)
Window climb: The applicant is required to climb through a six-foot-high
level window without assistance out a three-foot level platform on
the other side of the window and then to the ground. The applicant
must then circle around a marker 20 feet beyond the window and return
up the three-foot-high platform and out the window onto the ground
below.
J.
Within 10 days immediately following the scoring of the physical
agility test, the Secretary shall send written notice of the following
to all applicants found to be ineligible as a result of their physical
agility test score:
K.
Within 10 days after receiving written notice of the physical agility
test scores, the Secretary shall send written notice of the following
to all applicants who remain eligible:
A.
Those applicants eligible to participate in an oral examination shall
be administered an oral examination.
B.
The oral examination shall involve questioning the applicant on how
the applicant would handle situations relevant to police work and
the position at issue.
C.
The Commission shall establish the date, time and place of the oral
examination.
D.
All applicants shall be asked questions prepared in advance by the
Chief of Police and another local municipal Chief, designated by the
Commission. Those questions shall be asked of all applicants being
administered an oral examination.
E.
The oral examination shall be conducted by a board of five persons
selected by the Commission. The Commission shall also select a substitute
board member who shall act as a substitute for any one of the aforementioned
five board members if said member is unable to participate in the
oral examination process; however, in all cases all applicants participating
in the oral examination shall be examined by the same five persons.
The Commission shall designate the Council President, Chairperson
Public Safety Committee, Chief, Mayor and a Chief from another municipality
as the members of the Committee.
F.
Each member of the board shall grade the applicant on a one-hundred-point
score basis. The five grades shall be added together and divided by
five to determine the applicant's final score.
H.
A passing score on the oral examination shall be a score of 70% or
above.
I.
If an applicant receives a passing score on the oral examination
that score and the applicant's written score shall each be weighted
and then combined as follows: the written examination score shall
be multiplied by 60%, the oral examination score shall be multiplied
by 40% and the two products of those multiplications added together
shall be the applicant's weighted/combined score.
J.
Every applicant whose weighted/combined score, as said score is established in Subsection I of this § A181-23, and as possibly adjusted under § A181-25A of these rules and regulations shall remain eligible for the position at issue in the Police Department so long as the applicant upon administration of the physical agility test passed said test.
L.
Within 10 days immediately following the scoring of the oral examination,
the Secretary shall send written notice of the following and to all
applicants found to be ineligible to be appointed to the police position
at issue as a result of the oral examination score:
A.
Prior to submitting to Council a certification list, only after the
written and oral examinations have been administered and scored, veteran's
preference points added, if any, and the physical agility test administered
and scored, the Commission shall request the Chief of Police or the
Chief's designee to conduct a background investigation on each applicant
for the patrol officer position at issue who, at the time of the request,
remains eligible for the patrol officer position at issue.
B.
Preexisting medical conditions of the applicant are not to be considered
in the background investigation.
C.
Any background investigation shall include, to the degree it is reasonably
possible, interviews with the applicant's family, acquaintances, current
and former employers, current and former neighbors, references and
current and former teachers and school officials.
D.
At a minimum, personal interviews shall be conducted with at least
three people that have personal knowledge of the applicant but who
are not related to the applicant and with the applicant's employer(s)
for the last five years.
E.
The background investigation shall also include a criminal history
check, including the submission of fingerprints to the Central Repository
for the Commonwealth of Pennsylvania and the Federal Bureau of Investigation.
F.
The applicant's criminal convictions shall also be investigated.
Mere arrests are not to be considered. Only felony and misdemeanor
convictions for crimes relevant to the duties of the police issue
shall be considered.
G.
The applicant's driving record shall be examined for verification
that the applicant has possession of a valid driver's license.
H.
The applicant may be examined directly when the information collected
during the background investigation requires clarification or explanation.
I.
A consumer report shall constitute a part of the background investigation;
however, the consumer report, by itself, may not be the basis of a
negative background investigation determination.
J.
If necessary and if permitted by law, to complete a thorough background
investigation on any applicant the Commission may, upon the request
of the Chief of Police or his designee, subpoena the personnel records
maintained by any other police department(s) by which the applicant
was previously employed.
K.
After all background investigations have been completed, regarding
each investigation, the Police Chief or his designee who did the investigations
shall submit written findings and recommendation to the Commission,
and if the person conducting the investigation recommends that an
applicant be found ineligible, the basis for that recommendation shall
be given.
L.
Within 14 days after receiving the background investigations, the
Commission shall accept or reject the respective recommendations.
M.
The Commission decision shall be in writing and, if the decision
is to disqualify the applicant, a written explanation of the reasons
for disqualification must be included in the written decision.
N.
Within 10 days from the date that the Commission has completed its
review of the background investigation findings and recommendation,
the Commission shall, in writing, send notice of the following to
each applicant who was a subject of a background investigation:
A.
After the applicant has been administered the oral examination and
has passed all parts of the examination, whenever under these rules
and regulations veteran's preference points are to be added to those
passing applications' weighted/combined scores who are eligible to
receive veteran's preference points under the Veteran's Preference
Act, the eligible passing application shall receive 10 additional
points to be added to his written and oral examination weighted/combined
score.
B.
Any applicant seeking veteran's preference points shall be responsible
for providing any and all relevant and material documents to the Commission.
C.
Any applicant who continues to serve in the military after completing
his full service commitment but who has not been honorably discharged
due to reenlistment shall be considered for veteran's preference points
purposes as though he was honorably discharged. However, applicants
who are members of the National Guard or Reserves but who have not
completed the full training and service components of their original
military commitment at the time veteran's preference points would
be added to applicant's scores shall not be awarded veteran's preference
points.
A.
After the Commission has ascertained the results of the weighted/combined
written and oral examination scores, the physical agility tests, and
the background investigation, the Commission shall rank all eligible
applicants on an eligibility list, with the applicant receiving the
highest score placed at the top of the eligibility list and the applicant
receiving the lowest passing score at the bottom of the eligibility
list.
B.
In all cases of tied scores, the tie shall be broken by giving preference
to the applicant whose final completed application was received first
by the Secretary. If two or more such applications were received by
the Secretary at the same time, the tied applicants shall be ranked
by a chance selection process selected by the Secretary.
C.
The Commission shall prepare a certification list wherein it shall
certify in writing, to Council, the names of the three applicants
who are ranked at the top of the eligibility list.
D.
If there are less than three applicants who are eligible to be certified
by the Commission to the Council as candidates for the police position
at issue, the Commission shall so state in the written certification
and only those names of eligible candidates shall be identified as
eligible on the certification list.
A.
Regarding the position of patrol officer in the Department, Council
may conditionally offer the position at issue to any person whose
name is on the certification list; however, whenever there is one
or more persons whose names are on the certification list who have
received veteran's preference points the conditional offer must be
given to a person on the list who has received veteran's preference
points.
A.
After the Council, from the certified list of applicants prepared
by the Commission, has conditionally selected an applicant to fill
the position at issue, the Council shall direct that the applicant
submit to a medical examination.
B.
The purpose of the medical examination shall be to determine, from
a medical perspective, whether the applicant is capable of performing
all the essential functions pertinent to the position at issue.
D.
A "physician" shall have the same meaning given to it in 1 Pa. C.S.A.
§ 1991 (relating to definitions).
E.
"Qualified medical professional" shall mean 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 registered nurse practitioner pursuant to the
Act of May 22, 1951 (P.L. 317 No. 69) known as the "Professional Nursing
Law."
F.
The Council shall select the qualified physician or other qualified
professional to conduct the medical examination.
G.
"Medical Examination" shall mean 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.
H.
The person who conducts the medical examination shall certify in
writing to Council whether the applicant is medically fit to perform
the duties pertinent to the position at issue and the reasons for
the findings.
I.
The Council shall accept the certified opinion of the expert if the
expert concludes that the applicant is medically fit to perform the
duties pertinent to the position at issue.
J.
If the opinion of the expert calls into question the conditional
appointee's ability to perform all the essential functions of the
position at issue, a person designated by Council 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 essential functions. If, at
the conclusion of the interactive process discussion, Council determines
that the conditional appointee is not qualified, Council shall find
the applicant ineligible and withdraw the conditional offer of employment.
K.
The certified written opinion of the expert shall be confidential.
L.
The Commission and the conditional appointee shall be notified, in
writing by Council, whether the applicant passed or failed the medical
examination.
M.
If the conditional appointee has failed the medical examination,
the Council shall, in writing, also notify the applicant that:
N.
The Commission shall adjudicate any appeal.
O.
If the conditional applicant found ineligible by Council does not
file a timely appeal or the Commission does not uphold the appeal,
the Commission shall strike the name of the applicant from the eligibility
list and certify the next highest name for inclusion on the certification
list.
A.
After the Council, from the certification list, has conditionally
selected an applicant to fill the position at issue, the Council shall
direct that that applicant submit to a psychological examination.
B.
The purpose of the psychological examination shall be to determine
from a psychological perspective whether the applicant is capable
of performing all the essential functions pertinent to the position
at issue.
D.
The Council shall select the psychologist or psychiatrist who is
to administer the psychological examination.
E.
The psychological examination shall be conducted in compliance with
the MPOETC regulations.
F.
The person who conducts the psychological examination shall certify
in writing to Council whether the applicant is psychologically fit
to perform the duties pertinent to the position at issue and the reasons
for his findings.
G.
The Council shall accept the certified opinion of the expert if the
expert concludes that the applicant is psychologically fit to perform
the duties pertinent to the position at issue.
H.
If the opinion of the expert calls into question the conditional
appointee's ability to perform all the essential functions of the
position at issue, a person designated by Council 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 essential functions. If, at
the conclusion of the interactive process discussion, Council determines
that the conditional appointee is not qualified, Council shall find
the applicant ineligible and withdraw the conditional offer of employment.
I.
The certified written opinion of the expert shall be confidential.
J.
The Commission and conditional appointee shall be notified, in writing
by Council, whether the applicant passed or failed the psychological
examination.
K.
If the conditional appointee has failed the psychological examination,
the Council shall also notify the applicant that:
L.
The Commission shall adjudicate any appeal.
M.
If the conditional applicant found ineligible by Council does not
file a timely appeal or the Commission does not uphold the appeal,
the Commission shall strike the name of the applicant from the eligibility
list and certify the next highest name for inclusion on the certification
list.
The applicant patrol officer who is given a conditional offer
of employment shall be required to submit as directed and pass a drug
screen test which shall be a component of the medical examination.
A.
If an applicant fails to timely take the medical examination, psychological
examination and the drug screen test, the applicant shall be rejected
from consideration for the position at issue.
B.
If an applicant fails to pass the medical examination, psychological
examination or drug screen test, the applicant shall be rejected from
further consideration for the position at issue.
C.
If an applicant is rejected as a candidate for further consideration for the position at issue as a result of the application of Subsection A and B of this § A181-31, within 10 days of being rejected from further consideration for the position at issue, Council shall notify the applicant in writing:
D.
If an applicant is rejected as a candidate for further consideration for the position at issue as a result of the application of Subsection A or B of this § A181-31, within 14 days of being so notified by the Council, the Commission shall select the name of the person with the highest weighted/combined total score, as possibly adjusted by § A181-25A of the rules and regulations on the eligibility list to be included with the previously remaining certified name or names for consideration by Council, and from that new certification list Council may select another person to be conditionally offered the position at issue.
A.
Within 30 days of receiving both the results of an applicant's medical
examination, psychological examination and drug screen test, if the
applicant has timely passed said examinations and test, the Council
shall:
(1)
Notify the applicant, in writing, of its decision; and
(2)
If the Council decides to appoint the applicant to the position
at issue, notify the applicant that the applicant, in writing, is
to notify the Secretary of the Council, by a date set by said Council,
whether the offer is accepted or rejected; and if the applicant does
not timely respond as directed, the offer shall have no force and
effect.
A.
Whenever the Council seeks to fill a corporal or sergeant position
in the Police Department, these rules and regulations as they apply
to the position of patrol officer which are not inconsistent with
this section will apply.
B.
The applicants considered for a corporal or sergeant position shall
be full-time patrol officers of the Police Department and they:
(1)
Shall submit to written and oral examinations; but
(2)
Shall not be required to submit to physical agility test, consumer
report, background investigation, medical examination, a drug screen
test and/or a psychological examination.
(4)
The written examination shall be administered and graded prior
to the administration of the oral examination;
(5)
The examinations shall be scored on a one-hundred-point scale;
(6)
A passing grade on the written examination shall be a grade
of 75% or above and a passing grade of the oral examination shall
be a grade of 70% or above;
(7)
The oral examination score shall be determined by five persons
selected by the Commission and each applicant's oral examination grade
shall be determined by adding together the five grades given the applicant
and then dividing that total by five. The Commission shall designate
the Council President, Chairperson Public Safety Committee, Chief,
Mayor and a Chief from another municipality as the members of the
Committee;
(8)
If an applicant receives a passing score on the oral examination
that score and the applicant's written score shall each be weighted
and then combined as follows: the written score shall be multiplied
by 60%, the oral examination score shall be multiplied by 40%, and
the two products of those multiplications added together shall be
the applicant's weighted/combined score.
C.
After the written and oral examinations have been administered and
graded, the Commission shall submit a certification list to the Council
with the names of the applicants receiving the three highest weighted/combined
scores on the certification list in descending grade order.
D.
Veteran's preference points shall not be added to any weighted/combined
score.
In addition to the patrol officer general requirements set forth in § A181-18 of these rules and regulations, all applicants for the position of corporal or sergeant shall have:
A.
In addition to meeting the qualifications in § A181-34 above, all applicants for a promotional position, except Chief, shall have not received a formal written reprimand for one year prior to the deadline for submitting applications, and/or shall not have been suspended without pay at any time five years prior to the deadline for submitting applications. Any formal written reprimand or suspension to which the applicant has timely appealed pursuant to a grievance procedure or these rules and regulations shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.
B.
If applying for the position of corporal, at least two years of full-time
police officer experience with the Police Department;
C.
If applying for the position of sergeant, at least three years of
full-time police officer experience in the Police Department;
D.
Demonstrated an ability to carry out orders from superiors;
E.
Demonstrated a working knowledge of police science and administration;
F.
Demonstrated an ability to supervise the work of subordinates; and
G.
Demonstrated at least a grade of "satisfactory" on the latest service
rating, if there be any; provided, however, 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 rating.
The Commission shall post in the office of the Secretary a current
list of the names and grades of the individuals currently on any eligibility
list relating to any police officer position.
A.
The eligibility lists for the position of police officer in the Police
Department shall be valid for one year from the date the Commission
ranks all passing applicants, assigns veteran's preference points,
if any, and formally adopts the eligibility list.
C.
The eligibility lists for the position of corporal and sergeant in
the Police Department shall be valid for two years from the date the
Commission ranks all passing applicants and formally adopts the eligibility
list.
A.
In the case of a vacancy in the office of Chief of Police of the
Borough, the Council shall have full discretion in making the appointment.
B.
Council shall decide whether the appointment will give the appointed
Chief of Police civil service status.
C.
The person appointed to be Chief of Police need not be a current
police officer of the Borough.
D.
If the Council decides to give the appointed Chief of Police civil
service status, the Council shall request that the Commission subject
the applicant to a noncompetitive examination and the Commission shall:
E.
Within 30 days of receiving the noncompetitive examination results
from the Commission, the Council shall:
(1)
Determine whether to hire the applicant;
(2)
Notify the applicant, in writing, of its decision; and
(3)
If the Council decides to offer the position of Chief of Police
to the applicant, the Council shall notify the applicant in writing
that the applicant, in writing, is to notify the Secretary of the
Council, by a date set by said Council, whether the offer is accepted
or rejected. If the applicant does not timely respond as directed,
the offer shall have no force and effect.
F.
If the Council, in its formal offer of employment, decides to grant
the applicant civil service status as the Chief of Police, the applicant,
as the Chief of Police, shall not be removed from the position of
Chief of Police except for the one or more reasons set forth in these
rules and regulations.
A.
If for reasons of economy or other reasons it shall be deemed necessary
by the Council to reduce the number of full-time police officers of
the Police Department, then the Council shall furlough in numerical
order commencing with the person last appointed until such reduction
has been accomplished.
B.
In the event that the Council decides to increase the size of the
Police Department, the furloughed officers shall be reinstated in
the reverse order by which they were furloughed.
C.
Any police officer reinstated after being furloughed shall be required
to deliver a written notice to the Secretary of the Borough of their
acceptance of their reinstatement within 30 days of receiving notice
from the Secretary of the Borough of the reinstatement; otherwise
that police officer shall lose his right of reinstatement.
D.
The Chief of Police shall not be subject to being furloughed.
A.
Patrol officers, corporals and sergeants.
(1)
Every successful applicant for a position of patrol officer
or a promotional position in the Police Department shall serve a six-month
probationary period unless a twelve-month probationary period is not
precluded under any Police-Borough Police Contract, in which case
the probationary period shall be 12 months.
(2)
During the probationary period, a newly hired patrol officer
may only be dismissed if he lacks any of the general requirements
applicable to the police position at issue of these rules and regulations.
(3)
A promotional officer position, during probation, may be returned
to a prior rank only for the reasons set forth or lacks any of the
general requirements section applicable to the position at issue of
these rules and regulations.
(4)
The Chief of Police of the Borough shall review the adjustment,
performance and general acceptability of each probationer to determine
whether such probationer is fully qualified for permanent appointment
and submit a monthly report, oral or written, of his observations
and conclusions to the Council.
(5)
The Chief of Police of the Borough shall make a written report
to the Council recommending termination of the appointment if said
Chief of Police finds the probationer not acceptable for the position
appointed.
(6)
Not less than 15 days or more than 21 days before the next meeting
of the Council immediately preceding the end of the probation period,
the Chief of Police shall submit a final report to the Borough Council
which shall include a recommendation either to finalize the appointment
or revoke the appointment.
(7)
Within five calendar days after receiving a probationary report
from the Chief of Police recommending either to finalize the appointment
or to revoke the appointment, the Council shall, in writing, notify
the Secretary of its decision either to finalize the appointment or
revoke the appointment.
(8)
The Commission, in turn, shall notify the probationer of such
decision within five calendar days and in no event beyond the last
day of the probationary period.
(9)
Once notified by the Commission that the Council has decided
that a probationer's employment will not be made permanent, a newly
hired officer's employment shall end but a promotional position officer
shall return to his previous rank if, prior to the promotion, he was
a full-time officer in the Police Department.
(10)
Any patrol officer who, after the probationary period has expired,
is not informed in writing that his performance has been unsatisfactory
shall receive a permanent appointment to the new position.
(11)
Any probationer who is notified in writing that his appointment
will not be made permanent shall have no right of appeal.
B.
Chief of Police.
(1)
Every appointed Chief of Police of the Police Department who
has Civil Service status shall serve a twelve-month probationary period.
(2)
Subsection A(1) through (11) of this section shall apply to a civil service status Chief of Police except that Council shall designate a person to evaluate the performance of the said Chief of Police in the same manner and subject to the same procedure as that established for all other positions in the Police Department. The person so designated shall not have a conflict of interest and shall be sufficiently familiar with the position to render a fair and competent decision.
(3)
During the probationary period, the Chief of Police may only
be removed as Chief of Police if he lacks any of the general requirements
for the position of sergeant as they are set forth in these rules
and regulations.
(4)
A Chief of Police removed from the position as Chief of Police
during his probationary period shall be returned to his prior rank
in the Police Department if he was a full-time patrol officer in the
Police Department before being appointed as Chief of Police; otherwise
he will be dismissed from service with the Police Department.
A.
Every police officer having Civil Service status shall have the right
to have a fellow bargaining unit member present if there be any, during
any questioning at any time, whenever the questioning has the potential
to lead to disciplinary action against the police officer.
B.
Every police officer, before receiving a discipline, the nature of
which would affect his income status by suspension without pay, removal
or reduction in rank, shall be given a Loudermill Hearing.
(1)
The hearing may be done verbally during a face-to-face meeting
or in writing.
C.
No police officer appointed or promoted in rank pursuant to these
rules and regulations shall be suspended, removed or reduced in rank
except in accordance with these rules and regulations.
D.
The Council, at a Council meeting, may vote to suspend, remove or
reduce in rank a police officer.
E.
A police officer suspended by the Borough Council may be suspended
without pay so long as the same does not violate any Borough collective
bargaining agreement.
F.
Whenever the Council votes to suspend, remove or reduce in rank a
police officer, the said Council shall:
(1)
Within five days thereafter, deliver to the police officer,
by personal service or by certified or registered mail, a written
statement of the charges and notice that the police officer has the
right to appeal pursuant to this section of the rules and regulations;
and
(2)
Serve the members on the Commission with a copy of the statement
of the charges.
G.
The charges shall be stated clearly and in sufficient detail to enable
the police officer to understand the charges and to allow the police
officer an opportunity to respond to those charges. The charges shall
specify the basis for the disciplinary action as well as an explanation
of the factual circumstances upon which the Council relied in finding
a violation or violations.
H.
No police officer suspended, removed or reduced in rank may be suspended,
removed or reduced in rank except for one or more of the following
reasons:
(1)
Physical or mental disability affecting the officer's ability
to continue in service, in which case the officer shall receive an
honorable discharge;
(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 orders
or conduct unbecoming an officer;
(5)
Intoxication while on duty;
(6)
Engaging or participating in or conducting of any political
or election campaign other than the officer's exercise of the right
of suffrage; or
(7)
Engaging or participating in the conduct of a political or election
campaign for an incompatible office as provided in 8 Pa.C.S.A. § 1104.
I.
The police officer may appeal the suspension, revocation or reduction
in rank.
K.
The Commission shall schedule a hearing within 10 days from the time
the charge or charges are filed in writing unless the hearing is continued
by the Commission for cause at the request of the Council or the police
officer.
L.
The police officer may make written answers to any charges which
are to be 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 police officer.
N.
A police officer's 4th, 5th and 14th Amendment rights under the United
States Constitution and his rights under Article I, Section 9, of
the Pennsylvania Constitution shall not be abridged by way of the
application of these rules and regulations.
O.
The hearing before the Commission shall be conducted as follows:
(1)
The Chair shall state the general purpose of the hearing.
(2)
The Secretary, upon direction of the Chair, shall read the written
charges against the police officer along with the record of the action
taken by the Council.
(3)
The Secretary shall read any written reply of the police officer.
(4)
The Council shall be permitted to present testimonial and physical
evidence with said evidence being subject to cross-examination.
(5)
The police officer shall be permitted to present testimonial
and physical evidence with said evidence being subject to cross-examination.
(6)
The police officer shall be entitled to make a summation.
(7)
The Council shall be entitled to make a summation.
(8)
The Commission shall be the judge of admissible evidence and
procedure and shall not be bound by technical rules of evidence.
(9)
The Commission, at any time during the course of the hearing,
may question or cross-examine the police officer and any witnesses.
P.
All testimony at the appeal hearing shall be given under oath administered
by the Chair, or in absence of the Chair, the Vice Chair.
Q.
The Commission shall have the power to issue subpoenas as set forth
in these rules and regulations.
R.
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 police officer or the Council and the Commission
decides to honor that request.
S.
In conducting the appeal hearing, the Commission's standard of review
shall be to determine whether sufficient evidence has been presented
to support the statutory reason or reasons for the disciplinary action.
T.
If the Commission finds that sufficient evidence has been introduced
to support the charge, the Commission shall not modify the penalty
imposed by the Council unless it finds that the penalty imposed was
arbitrary, discriminatory or an abuse of the Council's discretion.
In considering the appropriateness of the discipline, the Commission
shall not substitute its judgment for that of the Council.
U.
The Commission shall make a decision within 60 days of receipt of
the hearing transcript.
W.
Within five days of the date of the decision, the Commission shall
send by certified or registered mail, return receipt requested, delivered
to addressee only a copy of the decision to the police officer and
the Borough Secretary.
X.
In the event the charges are dismissed the record shall be sealed
and not available for public inspection.
Y.
No order of suspension shall exceed one year.
Z.
An order of suspension without pay may be made by the Commission
for a period of up to one year.
AA.
In the event that the Commission fails to uphold the charges, the
police officer shall be reinstated with full pay for the period of
the suspension without pay, removal or reduction in rank and no charges
related to the suspension, removal or reduction in rank shall be officially
recorded in the officer's record.
BB.
If the Commission sustains the charges the police officer may file
an appeal from the Commission's decision as follows:
CC.
Upon such appeal being taken and docketed, the Court of Common Pleas
shall fix a day for a hearing and shall proceed to hear the appeal
on the original record and such additional proof or testimony as the
parties concerned may desire to offer into evidence.
DD.
Any decision of the Common Pleas Court affirming or revising the
decision of the Council shall be final and the police officer shall
be suspended, discharged, demoted or reinstated in accordance with
the Order of the Court.
A.
Whenever an applicant has been found, pursuant to these rules and
regulations, ineligible by the Commission for a full-time position
in the Police Department, the applicant found ineligible may appeal
the decision of the Commission as follows:
(1)
A notice of appeal shall be filed with the Secretary;
(2)
The appeal shall be filed within 10 days of the time the applicant
receives notice of the finding of ineligibility;
(3)
Within 14 days of the time the Secretary receives the notice
of appeal the Commission shall conduct a hearing on the appeal; and
(4)
The Commission shall decide the appeal and give the applicant
written notice of its decision.
B.
If the decision of the Commission is to affirm the finding of the
ineligibility, the Commission shall in writing send the applicant
notice of its decision regarding the appeal as well as the basis for
its decision.
(1)
If the applicant is dissatisfied with the decision of the Commission
regarding the appeal:
(a)
The applicant may appeal that decision to the Bradford County,
Pennsylvania Court of Common Pleas;
(b)
Any appeal to the Bradford County Court of Common Pleas shall
be filed with said Court within 30 days of the date the applicant
is sent notice of the Commission's decision affirming the earlier
finding of ineligibility.
Whenever under these rules and regulations a notice is required
to be sent by the Commission to an applicant or a full-time patrol
officer of the Police Department:
B.
Any mailing of a notice, be it by regular first-class mail, shall
require a certificate of mailing reflecting the date the notice was
placed in the U. S. Mail;
C.
Any mailing of a notice by certified or registered mail shall require
a signed return receipt;
D.
A notice shall be considered sent whenever it is placed in the U.
S. Mail;
E.
There shall be a presumption that any notice sent by regular first-class
mail, certified mail or registered mail pursuant to this section has
been received five days after the notice is placed in the U. S. Mail;
F.
All applicants for a position in the Police Department and all full-time
police officers in the Police Department shall have the responsibility
to:
(1)
Notify, in writing, the Secretary of the Commission of any change
of their mailing address and said notification must be sent by regular
first-class mail;
The foregoing rules and regulations, which are in accordance
with the powers granted by the Civil Services Code enacted by the
General Assembly of the Commonwealth of Pennsylvania and in accordance
with the authority granted by the municipal governing body of the
Borough of Sayre, Pennsylvania, are hereby adopted by the Civil Service
Commission of the Borough of Sayre, Pennsylvania, on __________.
