City of Monessen, PA Civil Service Commission

There shall be a Civil Service Board that shall provide for and oversee the examination of applicants for appointment to and promotion to any position in the Police Department, except to the position of Police Chief, without having first passed all the examinations herein provided for and without having been appointed in the manner and according to the strict terms and provision and conditions of the Civil Service Rules and Regulations.

The Board shall consist of three Board members who shall be qualified electors of the City and shall be appointed by the City Council initially to serve for the terms of two, three and four years, and as terms thereafter expire shall be appointed for terms of four years.

Any vacancy occurring on the board (primary) for any reason whatsoever shall be filled by the City Council for the unexpired term.

Each member of the Board (primary) created by this subsection, before entering upon the discharge of the duties of their office, shall take an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141 (relating to form of oaths of office), and file the same, duly certified by the officer administering it, with the City Clerk.

City Council may appoint no more than three qualified electors of the City to serve as alternate members of the Board. The term of office shall be four years. An alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member, pursuant to Section 4403.1 of the Third Class City Code[1] and outlined the Civil Service Rules and Regulations. "Alternate" members shall hold no other office in the City. Each member of the Board (alternates) created by this subsection, before entering upon the discharge of the duties of their office, shall take an oath or affirmation of office pursuant to 53 Pa.C.S.A. § 1141 (relating to form of oaths of office).

[1]

Editor's Note: See 11 Pa.C.S.A. § 14403.1.

The Civil Service Board shall receive no salary or compensation.

Offices incompatible. No City officer, official or employee shall be eligible for appointment to the Civil Service Board.

Organization of the Board.

The Board shall organize for the purpose of transacting all business immediately after the first appointment and thereafter as new appointments to the Board are made. After organizing, the Board shall appoint one of its members as its Chairperson, one as Vice Chairperson, and one as its Secretary.

Two members of the Board shall constitute a quorum, and no action of the Board shall be valid unless it shall have the concurrence of at least two members.

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

For purposes of hiring and promoting police officers under the Civil Service Rules and Regulations, each step of the hiring or promotional process requiring official action by the Board shall be considered a separate "matter or case," and each step of the hiring or promotional process need not be voted upon or approved by the same composition of "primary" Board members or "alternate" Board members, as the case may be, provided that the quorum requirement has been satisfied.

Duties of Chairperson. The Chairperson, or in their absence, the Vice Chairperson, shall preside at all meetings and hearings of the Board, decide all points of order or procedure, and perform all duties required by law, including the Civil Service Rules and Regulations, and be a voting member.

Duties of Vice Chairperson. The Vice Chairperson shall act in the absence of the Chairperson in carrying out the duties of the Chairperson.

Duties of Secretary. The Board Secretary, under the direction of the Board, shall work in conjunction with the compensated secretary in handling all official correspondence of the Board, including the recording of votes cast by the Board; send out all notices required by law, including the Civil Service Rules and Regulations; keep a record of each examination or other official action of the Board; and perform all other duties required by law, including the Civil Service Rules and Regulations, and shall be a voting member.

Clerical assistance. The City shall furnish the Board with such supplies and clerical assistance as may be necessary for the Board to fulfill its duties. The Civil Service Board may appoint legal counsel, who shall be the attorney for the Board and shall advise the Board on all legal matters, including representation and advisement at all hearings on disciplinary proceedings. The City shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Board Solicitor. The City Council shall assist the Board with all reasonable and appropriate efforts, including compensation for any legal counsel, examiners, or experts retained or appointed by the Board.

Meetings.

The Board shall hold an annual meeting during the month of February. All other meetings shall be held either at the call of the Chairperson or at the call of two members of the Board. The Board shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by law or the Civil Service Rules and Regulations. The Secretary of the Board shall give each Board member at least 24 hours' notice, in writing, of each and every meeting of the Board. In all cases regarding meetings, including scheduling, the Board shall follow the provisions provided for in the Sunshine Act of 1986, P.L. 388, No. 84, as amended, and commonly known as the "Sunshine Law."[2]

[2]

Editor's Note: See 65 P.S. § 261 et seq.

The Board shall keep minutes of its proceedings and records of examinations and other official action. All records of the Board 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 of 1968, P.L. 961, No. 428, 53 P.S. § 9001, as amended.

Rules and regulations/examinations.

No person or persons shall be appointed to any uniformed position in the Police Department, except the Chief of Police, without having first passed all the examinations herein provided for and without having been appointed in the manner and according to the terms and provisions and conditions provided herein.

The Board shall prepare, adopt and amend rules and regulations, subject to approval of Council, which, in the Board's discretion, are best adapted to securing and maintaining the best services for the public for the selection, appointment and promotion of persons who are qualified to perform the work which is subject to the civil service examinations, as provided herein, and who are to be employed, appointed or promoted by the City. The rules and regulations adopted by the Board shall provide for ascertaining and determining, so far as possible, the knowledge, skills, aptitude, mental and physical abilities, experience, education and character of all applicants as the criteria would reasonably apply to the respective positions; and the rules and regulations shall provide for examinations upon any and all subjects deemed proper or necessary by the Board for the purpose of determining the qualifications of applicants for the respective positions sought and for which application is made.

Investigations. The Board shall have the power to make investigations concerning all matters relating to the administration and enforcement of the Civil Service Rules and Regulations. The Chairperson of the Board is authorized to administer oaths and affirmations for witnesses in connection with such investigations and testifying in matters before the Board.

Subpoenas.

The Board shall have the power to issue subpoenas over the signature of the Chairperson, or designee, and to require the attendance of witnesses and the production of records and papers pertaining to matters before the Board, including any background investigation conducted pursuant to any applicable rules and regulations. Any fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the Board.

If any person shall refuse or neglect to obey any subpoena, the Board may apply by petition to the Court of Common Pleas of Westmoreland County, Pennsylvania, for its subpoena, requiring the attendance of such persons before the Board or the court to testify and to produce any records and papers as necessary, and, in default, may be held in contempt of court and may be fined or imprisoned by the court as previously indicated.

Annual report. The Board shall make an annual report to the City Council, after is annual February meeting, containing a brief summary of its work during the year, and shall make a full accounting for any expenditure of public monies. The annual report shall be then available for public inspection.

§ 12-17 Applications and qualifications.

Eligibility for examinations. In order to be eligible for participation in the examination for part-time police officer and/or full-time police officer with the City of Monessen Police Department, every applicant must submit a completed application form to the Board, or to other offices or agencies designated by the Board, before the deadline stated for that specific examination in the examination advertisement. Applications that are incomplete or are submitted after this deadline shall be rejected. The applicant must make an oath or affirmation that the application has been completed truthfully and that the applicant is subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.

Discrimination. The City of Monessen is an equal opportunity employer. It is the City Council and the Board's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, lesbian, gay, bisexual, transgender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability. The City Council and the Board will provide equal opportunities in employment and promotion.

Applications. Application forms shall be available to all interested persons in City Hall and from such other offices that the Board may choose to designate. Application forms may be mailed to a potential candidate upon written or telephone request.

Age requirements and residency requirement. All applicants for full-time and part-time police officers must have reached their 21st birthday before the deadline for submitting a completed application. The residence requirement shall be in compliance with the Police Officers' Collective Bargaining Agreement.

General qualifications - all applicants.

At the time of application, every applicant for any position in the City of Monessen Police Department must possess the following qualifications:

A diploma from an accredited high school or a graduate equivalency diploma (GED).

Every applicant must be Pennsylvania Act 120 certified under the provisions of the Municipal Police Officers Education and Training Commission (MPOETC) or have successfully completed Act 120 certification training and successfully passed the final exam.

Be a citizen of the United States.

Be physically and mentally fit to perform the full duties of a police officer for the City of Monessen Police Department as determined by the physical and psychological testing.

Be eligible to legally operate a motor vehicle in the Commonwealth of Pennsylvania.

General qualifications - applicants for promotion from part-time to full-time police officer.

Part-time police officers initially hired who meet the requirements of the Civil Service Rules and Regulations shall be first eligible for a full-time police officer's position. For the purpose of the Rules and Regulations, the movement from a part-time police officer to a full-time police officer shall be considered a promotion and shall be subject to the following qualifications:

All employed part-time police officers to be eligible for promotion to a full-time police officer position shall not have received a formal written reprimand for one year prior to the deadline for submitting an application. Such restriction also includes that they have not been suspended without pay at any time one year prior to the deadline for submitting an application. Any formal written reprimand or suspension which the applicant has timely appealed pursuant to a grievance procedure of the Civil Service Rules and Regulations shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.

A police officer shall have at least one year of service with the Department. This may include their probationary period.

The probationary period shall be waived if no other part-time police officers qualify for promotion to full-time police officer, as described above.

If a probationary part-time police officer is promoted to full-time police officer as described above, that appointed full-time police officer will be required to serve a one-year probationary period as a full-time police officer and be subject to the probationary requirements of the Civil Service Rules and Regulations.

General qualifications - applicants for promotional ranking positions.

All applicants for a promotional ranking position, except Chief of Police, shall not have been suspended without pay for more than five days in the three years prior to the deadline for submitting their applications and/or "letter of intent." In addition, no applicant shall have received any disciplinary action for the previous six months prior to the deadline for submitting their application and/or "letter of intent." Any suspension which the applicant has timely appealed pursuant to a contractual grievance procedure or the Civil Service Rules shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.

At the time of application, all applicants for the following promotional positions (ranking positions) shall have had continuous prior service as a full-time police officer with the City of Monessen Police Department as follows:

Police Sergeant: An applicant for the position of Police Sergeant shall have at least five prior years of consecutive service as a full-time police officer with the City of Monessen Police Department.

Police Lieutenant: An applicant for the position of Police Lieutenant shall have at least five prior years of consecutive service as a full-time police officer with the City of Monessen Police Department.

Police Captain: An applicant for the position of Police Captain shall have at least 10 prior years of consecutive service as a full-time police officer with at least five consecutive years of continuous service as a Police Sergeant or Police Lieutenant.

Rejection of application.

The Board 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 the examinations. In addition, the Board may refuse to examine, or, if examined, may refuse to certify, any applicant who is:

Found to lack any of the minimum qualifications for examination prescribed in the Civil Service Rules and Regulations or have furnished incomplete, inaccurate, misleading or false information on the official application or in response to any portion of the hiring or promotion process.

Physically or mentally unfit to perform the full duties of the position to which the candidate seeks employment.

Illegally using a controlled substance, as defined in Section 102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C. § 802).

Guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct of office.

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 Commonwealth of Pennsylvania.

Hearing for disqualified applicants.

For any applicant aggrieved by refusal of the Board to examine or certify the applicant as eligible after examination, the Board shall, at the request of the applicant, within 10 working days, appoint a time and place for a public hearing, which shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., with or without counsel, at which time the Board shall take testimony and review its refusal to provide examination or certification.

The deliberations of the Board, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. The Board's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S.A. Ch. 7 (relating to open meetings). The decision of the Board shall be final.

§ 12-18 Examination and grading procedure.

General examination requirements - all positions.

The examination for the initial positions of full-time police officer and/or part-time police officer (same examination for both if advertised simultaneously) shall consist of a physical agility test, written examination, oral examination, and background investigation. The written examination and the oral examination will be graded individually on a 100% scale. The written examination will represent 70% of the final score. The oral examination will represent 30% of the final score. The physical agility test and the background investigation will be graded pass/fail.

The examination for promotion from part-time police officer to full-time police officer shall include an oral examination, which will be graded on a 100-point scale.

The examination for promotion shall include a written examination and an oral examination, which will be graded on a 100-point scale, with the written examination representing 60% of the final score, and the oral examination representing 40% of the final score.

The testing process will be set by the Rules and Regulations of the Civil Service Board.

Veterans' preference points. Pursuant to the Veterans' Preference Act,[1] any applicant for the position of police officer who qualifies as a military veteran under this Act shall receive an additional 10 points on top of their final score, prior to being placed on the eligibility list, if that applicant qualifies under the Rules and Regulations of the Civil Service Commission. Applicants claiming veterans' preference shall have submitted satisfactory proof of service and honorable discharge therefrom with their application form.

[1]

Editor's Note: See 51 Pa.C.S.A. § 7101.1 et seq.

§ 12-19 Eligibility lists and background investigation.

Creation of eligibility lists; initial hires; promotions.

At the completion of the examination requirements, the Board shall rank all passing candidates on an eligibility list. The applicant having received the highest score shall be at the top of the list, with all other candidates being listed in descending order of their scores. Applicants who qualify for veterans' preference points shall have those 10 points added to their final score prior to being ranked on the eligibility list.

In the case of tied scores, the tie will be broken by giving preference to the applicant who received the highest score on the written test. In the event the qualifying applicants received identical scores, the order of listing shall be determined by earliest application received.

Any individual appearing on the eligibility list, as described above, is subject to a background investigation, and no one will be certified until they have successfully completed these investigations and received a written recommendation that the applicant is appropriate for consideration.

The Board shall create an eligibility list for initial hires for full-time and part-time police officers, promotions from part-time to full-time police officers and promotions to ranking positions.

Background investigations.

The Board shall request the Chief of Police to conduct a background investigation on the top-scoring eligible applicants, as determined by the Civil Service Board, prior to inclusion on the certified list of those eligible.

The background investigation must be consistent for each applicant and shall meet, at a minimum, all the specific requirements of the MPOETC, as required by law. The applicant may be interviewed directly when the information collected requires clarification or further explanation.

After the background investigation is completed, the Chief of Police, or the Chief's designee, shall make a written recommendation to the Board on whether the applicant is appropriate for consideration for appointment as a police officer for the City of Monessen.

The recommendation by the Chief of Police or the Chief's designee shall be based on the criteria set forth by the Rules and Regulations of the Civil Service Commission and on any other relevant information developed during the background investigation. This report to the Board shall be in writing and in compliance with the Americans with Disabilities Act and must not include any physical history information on a candidate. If the recommendation is to disqualify, then a detailed, written explanation of the reasons for disqualification must be included. The Board shall then make a final determination on whether additional information is required or if the information collected and reported warrants acceptance or rejection of the candidate.

Within 30 days after the Board considers the recommendation based on the background investigation, each applicant shall be notified as to whether they have passed or failed this portion of the examination process.

Duration of eligibility lists. The Board shall furnish to Council a certified copy of the eligibility list so prepared and kept. The eligibility list shall be maintained for a period of two years or until a new list is certified to Council, whichever occurs first, and is a public record.

Review of eligibility lists. The eligibility list shall be annually examined by the Board for the purpose of deleting therefrom persons who are permanently unavailable for or disqualified for the position of full-time police officer and/or part-time police officer, either by death, permanent removal of the area, written desire to be removed therefrom, or from other permanent cause. The Board shall, by every reasonable cause, get a written notice from the candidate removed from the list and provide a notice to that candidate, in writing, that the candidate will no longer be considered for the position.

§ 12-20 Certification of lists of eligibles and appointments.

Appointment procedure - initial hires.

Furloughed police officers shall be given first consideration for reemployment, prior to any other hiring procedure, and shall be reinstated in order of their seniority as outlined in the Civil Service Rules and Regulations.

Except as provided above and below (veterans' preference), the following appointment procedure will be separately followed when hiring a police officer from the full-time eligibility list or the part-time eligibility list:

The Board shall furnish to Council a copy of all lists so prepared and kept.

Whenever any vacancy shall occur in the Police Department for the position of full-time police officer or part-time police officer, the City Council shall make written application to the Mayor, who will then make written application to the Chair of the Board, who shall certify to the City Council, in writing, the three names on the relevant eligibility list, "Certified List of Three"; but if there are less than three eligible names on the respective list, the Board shall certify those names.

The Mayor shall nominate to the City Council a person on the relevant "Certified List," as stated above, as a candidate to fill the position.

If the City Council approves the nomination, the person nominated shall be conditionally appointed by Council to fill the vacancy.

If the Council does not approve the nomination, then the Mayor shall submit another nomination for the position from the remaining names, if any, for a conditional appointment.

(f)

If the nomination is not approved by the Council, the Mayor shall submit the third name, if any, for a conditional appointment.

(g)

The person whose nomination by the Mayor is approved by the City Council shall be appointed to fill the relevant police officer position upon successfully passing a medical and psychological examination as outlined in the Civil Service Rules and Regulations.

(h)

Veterans' preference. The exception to the above procedure is when a qualified veteran is on the "Certified List of Three" (part-time or full-time eligibility list), the Mayor shall submit the veteran's name to the City Council, who shall appoint that veteran, conditioned upon successfully passing a medical and psychological examination. If two or more of the names on the "Certified List of Three" are veterans, the Mayor shall have the discretion to submit any one of those names to the City Council, who shall appoint that veteran, conditioned upon successfully passing a medical and psychological examination.

Appointment procedure - part-time to full-time officers.

For promotion from the position of part-time police officer to full-time police officer, the position shall be filled only in the following manner:

The City Council shall notify the Civil Service Board of a civil service vacancy in the City which is to be filled by promotion and shall request the certification of an eligibility list.

The Board shall furnish to Council a certified copy of the eligibility list.

The Board shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within the period of two years preceding the date of the request for the eligibility list.

If three names are not available, the Board shall certify the names remaining on the list.

The City Council, by a majority vote, shall make an appointment from the names certified, based solely on the merits and fitness of the candidates, unless the City Council makes objections to the Board regarding one or more of the persons on the eligibility list.

(f)

The City Council, in conjunction with the Collective Bargaining Agreement, shall determine in each instance whether an increase in salary shall constitute a promotion from part-time police officer to full-time police officer.

Appointment procedure - ranking positions.

All ranking positions, except that of Chief of Police, shall be filled only in the following manner:

The City Council shall notify the Civil Service Board of a civil service vacancy in the City which is to be filled by promotion and shall request the certification of an eligibility list.

The Board shall furnish to Council a certified copy of the eligibility list.

If three names are not available, the Board shall certify the names remaining on the list.

(f)

The City Council, in conjunction with the Collective Bargaining Agreement, shall determine, in each instance, whether an increase in salary shall constitute a promotion to a ranking position.

Appointment of Chief of Police. The Chief of Police shall be designated by the Mayor from within the ranks and may be demoted without cause in the same manner, but not to any rank lower than the rank which was held at the time of designation as Chief of Police. In the event that no qualified officer from within the ranks has applied for such designation, the Chief of Police shall be designated by the Mayor from without the ranks.

Physical and psychological examinations - initial hires.

After the City Council selects a candidate from the "Certified List of Three" for appointment to the vacant position, that candidate shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. Physical medical 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.

The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by Council and shall render an opinion within a reasonable degree of medical certainty as to whether the conditional appointee has a physical or mental condition which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed.

The physical and psychological exams will be conducted in compliance with the MPOETC regulations. The completion of the required MPOETC physical and psychological forms will be provided by the City. Drug testing shall be included as one component of the requirements. In addition, the respective examiners will be given a copy of the job description and the "Essential Functions of the Job" for performing the duties of police officer. The completed forms will be certified by the examining physician(s) indicating that the candidate is physically or psychologically fit, as the case may be, to perform the duties of a police officer and as outlined below. The completed forms shall be confidential and submitted to the appropriate City official for disposition.

If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, the Mayor 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.

If, at the conclusion of the interactive discussion, Council determines that the conditional appointee is not qualified, Council shall give written notice to the conditional appointee and the Board of its decision. This written notice shall also notify the conditional appointee of their right to appeal the Council's decision to the Board within 10 working days from the date of the written notice.

The rejected candidate may appeal this decision under the Rules and Regulations. If the candidate fails to timely exercise the rights of appeal, or if the Board declines to uphold the appeal, the Board shall strike the name from the eligibility list and certify the next-highest name for inclusion on the "Certified List of Three."

Probationary period - new hires.

Every successful applicant for the position of police officer shall serve a twelve-month probationary period. For newly hired police officers, the probationary period will begin on the first day the new officer reports for work. During this probationary period, a newly hired police officer may be dismissed for cause for the reasons set forth in the Civil Service Rules and Regulations, or because of incapacity for duty due to the use of alcohol or drugs. In addition, a probationary police officer may be dismissed if the probationary police officer does not meet the requirement expectations of the position and documentation is accurately documented.

During the probationary period, the Chief of Police shall monitor and review the progress of the probationer in order to further determine the probationer's qualifications for permanent employment, and the Chief of Police shall report to the Mayor and Council regarding the performance and conduct of the probationer at least once during each consecutive three-month period of the probationary employment. In addition to all other requirements, the probationer shall, during this period, be required to satisfactorily complete a field training and evaluation program developed and administered by the Chief of Police or the Chief's designee.

The Chief of Police shall submit to the Mayor a final probationary report, not less than 10 days nor more than 15 calendar days before the next regular meeting of the City Council immediately preceding the end of the probationary period. Each report shall be submitted in writing to the City Council. Within five calendar days after receiving a probationary report from the Mayor, if the conduct of the probationer has not been satisfactory to the City Council, the probationer shall be notified in writing by the City Council that the appointment will not be permanent. Following receipt of this notification by the probationer, a newly hired police officer's employment shall end. Any probationer who is notified in writing by the City Council, prior to completion of the twelve-month probation period, that their appointment will not be made permanent has no rights of appeal under the Civil Service Rules and Regulations.

The City Clerk shall notify the Board, in writing, of its decision to retain or remove the probationer within five calendar days of such decision and in no event beyond the last day of the probationary period.

At the end of the twelve-month probationary period, if the probationer is not notified or dismissed in accordance with this section, a newly hired shall receive permanent status within the Police Department.

Probationary period - promotion from part-time to full-time officer.

Every successful applicant for the promotional position of full-time police officer within the Police Department shall serve a twelve-month probationary period. The probationary period will begin on the first day the promoted officer reports to work as a full-time police officer.

A promoted full-time police officer, during probation, may be returned to the rank from which he was promoted, for cause for the reasons set forth in the Civil Service Rules and Regulations or because of incapacity for duty due to the use of alcohol or drugs.

In addition, a probationary full-time police officer may be returned to the position of part-time police officer if the probationary full-time police officer does not meet the requirement expectations of the position and documentation is accurately noted.

The Chief of Police shall submit to the Mayor a final probationary report, not less than 10 days nor more than 15 calendar days before the next meeting of the City Council immediately preceding the end of the probationary period. Each report shall be submitted in writing to the City Council. Within five calendar days after receiving a probationary report from the Mayor, if the conduct of the probationer has not been satisfactory to the City Council, the probationer shall be notified in writing by the City Council that the appointment will not be permanent and the full-time probationary police officer will be returned to their position of part-time police officer for the City.

Any probationer who is notified in writing by the City Council, prior to completion of the twelve-month probation period, that their appointment will not be made permanent has no rights of appeal under the Civil Service Rules and Regulations.

The City Clerk shall notify the Board, in writing, of its decision to retain or remove the probationer within five calendar days and in no event beyond the last day of the probationary period.

(7)

At the end of the twelve-month probationary period, if the probationer is not notified in accordance with this section, the probationer shall receive permanent status within the Police Department.

Probationary period - promotion to ranking position.

Every successful applicant for the promotion to a ranking position, except that of the Chief of Police, within the Police Department shall serve a twelve-month probationary period. The probationary period will begin on the first day of the promotion to the respective ranking position.

A police officer promoted to a ranking position, during probation, may be returned to the position from which they were promoted, for cause for the reasons set forth in the Civil Service Rules and Regulations or because of incapacity for duty due to the use of alcohol or drugs.

In addition, a probationary ranking police officer, except the Chief of Police, may be returned to their previous position if the probationary ranking police officer does not meet the requirement expectations of the position and documentation is accurately noted.

The Chief of Police shall submit to the Mayor a final probationary report, not less than 10 days nor more than 15 calendar days before the next regular meeting of the City Council immediately preceding the end of the probationary period. Each report shall be submitted in writing to the City Council. Within five calendar days after receiving a probationary report from the Mayor, if the conduct of the probationer has not been satisfactory to the City Council, the probationer shall be notified in writing by the City Council that the appointment will not be permanent and the promoted probationary ranking police officer will be returned to the previous position held for the City.

Any probationer who is notified in writing by the City Council, prior to completion of the twelve-month probationary period, that their appointment will not be made permanent has no rights of appeal under the Civil Service Rules and Regulations.

(7)

At the end of the twelve-month probationary period, if the probationer is not notified in accordance with this section, a promoted ranking police officer shall receive permanent status in their respective promotional position.

§ 12-21 Suspensions, removals and reductions in rank.

Grounds for disciplinary action.

Any police officer subject to the civil service provisions herein shall be subject to suspension, discharge and discipline, by the Mayor, for misconduct or violation of any law of the commonwealth, ordinance of the City, or regulations of the Department.

No police officer, including the Chief of Police or ranking officer, shall be discriminated against by being removed, censured or reprimanded for any religious, racial or political reasons.

Notice of suspension, removal or reduction in rank.

Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the City of Monessen Council. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges and to allow the officer an opportunity to respond to the charges. The charges shall specify the subsection of the Civil Service Rules, or subjection of this article, which provides the basis for disciplinary action as well as an explanation of the factual circumstances upon which the City Council relied in finding a violation.

Within five days after the Monessen City Council has voted to impose disciplinary action, a written statement of the charges shall be delivered to the police officer, either by personal service or by certified mail. In addition, the letter of charges shall notify the police officer of the right to appeal under the provisions of this article and the Civil Service Rules. A copy of the statement of charges shall also be served upon all members of the Civil Service Commission, again either by personal service or by certified mail.

Hearings on suspension, removal or reduction in rank.

The police officer who has been suspended more than a suspension of three days without pay, removed or reduced in rank can appeal the decision of the Civil Service Commission by written notice to the City Administrator requesting a hearing. This request must be received by the City Administrator within 10 days after the police officer received notice of the impending discipline. The police officer may make written answers to any charges filed not later than the date fixed for the hearing. Failure of the police officer to provide written answers to any of the charges shall not be deemed an admission by the officer.

In conducting the hearing, the Civil Service Commission's standard of review shall be to determine whether substantial evidence has been presented to support the statutory reason for the proposed disciplinary action. If the Civil Service Commission finds that sufficient evidence has been introduced to support the charge(s), it shall not modify the penalty as originally imposed, unless it finds that the penalty imposed was arbitrary, discriminatory or abusive.

All testimony shall be given under oath, administered by the City Council.

The hearing shall be open to the public unless, prior to commencement of the hearing, a written or oral request to close the hearing is made either by the police officer charged or the Council.

If the Civil Service Commission sustains the charges, the officer who was suspended, removed or reduced in rank may file an appeal with the Court of Common Pleas within 30 days from the date of entry by the Commission of its final order. No order of suspension shall be made against an officer for a period of longer than one year. In the event that the Civil Service Commission fails to uphold the charges, then the officer shall be reinstated with full pay for the period of the suspension, removal or reduction in rank. No charges related to the suspension, removal or reduction in rank shall be officially recorded in the officer's official personnel records, nor may any of these charges be held against the officer for future merit pay raises or promotional opportunities.

Appeal procedure.

Any civil service employee aggrieved by the decision of Council or the Civil Service Board shall have the right to appeal in accordance with 2 Pa.C.S.A. Ch. 7, Subchapter B (relating to judicial review of local agency action). This review shall be exclusive. When no appeal is taken within the time prescribed by law, the decision by Council or the Civil Service Board shall become final in accordance with law. The issue before the court shall be whether the action of Council or the Civil Service Board shall be affirmed or modified in any respect, whether the charges should be dismissed or whether the suspension or demotion made by the director shall be affirmed or rescinded. If any employee has been suspended and the charges are dismissed or the suspension rescinded on appeal, the employee shall receive full compensation for the entire period of suspension.

Election of remedies. Where a police officer who is a member of the bargaining unit is subject to suspension, discharge or discipline, the police officer shall have the option of challenging the suspension, discharge or discipline imposed by selecting the due process procedure outlined above or by a proceeding with grievance arbitration as outlined in the Collective Bargaining Agreement. A choice to proceed either by the due process outlined above or by grievance arbitration shall foreclose the opportunity to proceed in the alternative method.

Furloughs.

If it should become necessary to reduce the number of police officers in the Police Department for purposes of economy, seniority rights shall prevail, and any and all removals for such cause or causes shall be from the members last appointed, and the member or members serving the shortest time shall be removed first; but members with longer times of service may be discharged for cause.

In the event that the City Council decides to increase the size of the Police Department officer personnel, the furloughed police officers shall be reinstated in order of their seniority in the Police Department. Police officers so notified of reinstatement must accept reinstatement within 30 days of receipt of such notice; otherwise, such police officer shall be deemed to have waived any right to reinstatement.