City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[Adopted 3-19-1997]

§ 12-15 Definitions.

A. 
Unless otherwise expressly stated, the following words and phrases, wherever used in these rules and regulations, shall be construed to have the meanings indicated herein:
APPLICANT
Any individual who applies in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department.
APPOINTING AUTHORITY
The City Council of the City of Monessen, Westmoreland County, Pennsylvania.
CERTIFICATION
The submission to the appointing Authority pursuant to its request of three names taken from the eligible list developed by the Civil Service Commission.
CHAIRPERSON
The Chairperson of the Civil Service Commission of the City of Monessen, Westmoreland County, Pennsylvania.
COMMISSION
The Civil Service Commission of the City of Monessen, Westmoreland County, Pennsylvania.
ELIGIBLE
A person whose name is recorded on a current eligible list or furlough list.
ELIGIBLE LIST
The list of names of persons who have passed all tests and/or examinations, except for the physical and psychological tests and/or examinations, for a particular position in the Police Department.
EXAMINATION
The series of tests and/or examinations given to candidates to determine their qualifications for a position in the Police Department.
FURLOUGH LIST
The list containing the names of persons temporarily laid off from positions in the Police Department because of a reduction on the number of officers employed.
POLICE OFFICER
An entry-level, sworn, full-time position in the Police Department.
PROBATIONER
An officer in the Police Department who has been appointed from an eligible list, but who has not yet completed the work-test period.
REDUCTION IN RANK
A change to a different position or rank where the employee fulfilled all of 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.
REMOVAL
The permanent separation of a police officer from the Police Department.
The Secretary of the Civil Service Commission of the City of Monessen, Westmoreland County, Pennsylvania.
SUSPENSION
The temporary separation without pay of a police officer from the Police Department.
B. 
Gender. The words "he," "his," "him," "man" or "men," when used in these rules and regulations, represent both the masculine and feminine genders.

§ 12-16 The Commission.

A. 
Civil Service Commission.
(1) 
The Commission shall consist of three Commissioners who shall be qualified electors of the City of Monessen and shall be appointed by the City of Monessen to serve for terms of six years.
(2) 
Any vacancy occurring in the Commission for any reason whatsoever shall be filled by the City of Monessen for the unexpired term within the period of 30 days after such a vacancy occurs.
(3) 
Each member of the Civil Service Commission, before entering upon the discharge of the duties of his or her office, shall take an oath or affirmation to support the Constitution of the United States and of the Commonwealth of Pennsylvania and to perform his or her official duties with fidelity. A Civil Service Commissioner for the City of Monessen shall be reimbursed for travel expenses, but shall receive no compensation for his or her service.
B. 
Office incompatible with position of Commissioner. No Commissioner shall, at the same time, hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the commonwealth, except that one member of the Commission may be a member of the Monessen City Council.
C. 
Organization of Commission; quorum. The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as Chairperson, one as Vice Chairperson and one as the Secretary. The Commission shall thereafter meet and reorganize on the first Monday of February of each year. Two members of the Commission shall constitute a quorum. No action of the Commission shall be valid unless it shall have the concurrence of at least two members.
D. 
Duties of Chairperson. The Chairperson or, in his or her absence, the Vice Chairperson shall preside at all meetings and hearings of the Commission, decide all points of order or procedure and perform all duties required by law of these rules and regulations.
E. 
Duties of the Secretary. The Secretary, under the direction of the Commission, shall handle all official correspondence of the Commission, send out all notices required by law and these rules and regulations. He shall maintain a record of each examination or other official action of the Commission and perform all other duties required by law or these rules and regulations.
F. 
Meetings. Except for the annual meeting, scheduled for the first Monday in February, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. The Commission shall have the discretion to determine whether a meeting shall be open to the public when not specifically regulated by the Sunshine Law[1] or these rules and regulations. The Secretary of the Commission shall give each Commissioner at least a twenty-four-hour notice, either in writing or by telephone or in person, of each and every meeting of the Commission.
[1]
Editor's Note: See 65 P.S. § 271 et seq.
G. 
Clerical assistance and supplies. The governing body shall furnish the Commission with such supplies and clerical assistance as may be necessary for the Commission to fulfill its duties. The Commission may retain an attorney at law to represent its interests. This attorney can be one other than the City Solicitor, to prevent a possible conflict of interest in matters which may come before the Commission. The Civil Service Commission may also hire any other consultant or expert, including physicians, psychologists and psychiatrists, as are necessary. The elected and appointed officials of the City of Monessen shall assist the Commission with all reasonable and appropriate efforts, including compensation for any counsel or experts retained by the Commission.
H. 
Amendment of rules and regulations. The Commission may amend, revise, void or replace these rules and regulations for any reason by action of a majority of the Commission. Before any changes to these rules and regulations become effective, those changes must be approved by the City of Monessen. These rules and regulations, and any amendments thereto, shall be made available to the public for distribution or inspection. Copies will also be made available to any interested person for a fee which shall be set by Council.
I. 
Minutes and records. The Commission shall keep minutes of its proceedings and records of examinations and other official action. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act of 1968, P.L. 961, No. 428, 53 P.S. § 9001.[2]
[2]
Editor's Note: For current provisions, see 53 Pa.C.S.A. § 1381 et seq.
J. 
Investigations. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of these rules and regulations. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
K. 
Subpoenas.
(1) 
The Commission shall have the power to issue subpoenas over the signature of the Chairperson or his designee to acquire the attendance of witnesses and the production of records and papers pertaining to any investigation inquiry. The fees of such witnesses for attendance and travel shall be at the same rate as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expense of the Commission.
(2) 
All officers in public service and employees of the City of Monessen shall attend and testify when required to do so by the Commission. If any person shall refuse or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a fine not to exceed $100, and default of the payment of such fines and costs shall be imprisoned not to exceed 30 days.
(3) 
If any person shall refuse or neglect to obey any subpoena, the Commission 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 Commission or the Court to testify and to produce any records and papers as necessary and, in default, shall be held in contempt of Court.
L. 
Annual report. The Commission shall make an annual report to the Monessen City Council, containing a brief summary of its work during the year, and shall make a full accounting for any expenditures of public moneys. The annual report shall be then available for public inspection.

§ 12-17 Applications and qualifications.

A. 
Eligibility for examinations. In order to be eligible for participation in any examination for any full-time position with the City of Monessen Police Department, every applicant must submit a completed application form to the Commission before the deadline stated for that specific examination. 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. Cons. Stat 54-904 relating to unsworn falsification to authorities.
B. 
Discrimination. The City of Monessen is an equal opportunity employer. It is the City of Monessen's and the Commission's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability. The City of Monessen and the Commission will provide equal opportunities in employment and promotion.
C. 
Availability. Application forms shall be available to all interested persons in the office of the City Administrator and from such other offices and officers that the Commission may choose to designate. Application forms may be mailed to a potential candidate upon written or telephone request. However, the Commission assumes no responsibility for missing filing deadline dates due to a delay in the mails or for any other reason.
D. 
Age and residency requirements. All applicants must have reached their 21st birthday before the deadline for submitting a completed application. Applicants must reside within the City of Monessen within six months following the completion of their probationary period. Extensions granted by the Appointing Authority will be verified.
E. 
General qualifications - all applicants. Every applicant for any position in the Police Department shall possess a diploma from an accredited high school or a graduate equivalency diploma (GED). Every applicant must have successfully completed Pennsylvania Act 120 certification prior to being appointed to a police officer position for the City of Monessen. In addition, every applicant must be a United States citizen, be physically and mentally fit to perform the full duties of a police officer in the City of Monessen and must possess a valid motor vehicle operator's license issued by the Commonwealth of Pennsylvania.
F. 
General qualifications - applicant for Corporal, Sergeant or Lieutenant.
(1) 
In addition to meeting the qualifications listed in Subsection E of this section, all applicants for a promotional position, except Chief of Police, shall not have received a formal written reprimand for one year prior to the deadline for submitting applications. Such restriction also includes that they have not been suspended without pay at any time two years prior to the deadline for submitting an application for the promotional position. Any formal written reprimand or suspension to which the applicant has timely appealed pursuant to a grievance procedure of these rules and regulations shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.
(2) 
All applicants except for Captain or Chief shall have had continuous prior service as a full-time police officer with the City of Monessen as follows:
(a) 
An applicant for the position of Corporal shall have at least two years of continuous prior service as a full-time police officer in the City of Monessen Police Department.
(b) 
An applicant for the position of Sergeant shall have at least three years of continuous prior service as a full-time police officer, having served either as a patrolman or as a Corporal in the City of Monessen Police Department.
(c) 
An applicant for the position of Detective Sergeant shall have at least three years of continuous prior service as a full-time police officer, having served either as a patrolman, Corporal or Sergeant in the City of Monessen Police Department.
(d) 
An applicant for the position of Lieutenant shall have had at least five years of continuous prior service as a full-time police officer with the City of Monessen.
(e) 
An applicant for the position of Detective Lieutenant shall have had at least five years of continuous prior service as a full-time police officer with the City of Monessen.
(f) 
An applicant for the position of Captain shall have had at least five years immediate prior service as a police officer with either the City of Monessen Police Department or with another Police Department. At least three of these years of service must have been served as a Sergeant or Lieutenant or a combination of both positions equaling the required three years as a Sergeant or Lieutenant.
G. 
Rejection of applicant. The Commission may refuse to examine or, if examined, may refuse to certify as eligible after examination any applicant who is found to lack the minimum qualifications for examination as prescribed in these rules and regulations for the particular position for which the applicant has applied. In addition, the Commission may refuse to examine or, if examined, may refuse to certify any applicant for the following reasons: One who is found to have furnished inaccurate, misleading or false information on the official application or in response to any portion of the hiring process or one who is physically or mentally unfit to perform the full duties of the position applied for or who is a habitual substance abuser; or if the candidate is guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct or who has been dismissed from public service for delinquency or misconduct in office; or a candidate who is affiliated with any group whose policies or activities are subverse to the forms of government set forth in the constitution and law of the United States and the Commonwealth of Pennsylvania.
H. 
Recording and filing application. Applications for positions in the City of Monessen Police Department shall be received at the City Administrator's office only after an examination has been advertised and before the deadline set forth in the public advertisement. Applications will be received by the municipal officer designated in the public advertisement or that officer's designee. That person shall record the receipt of all applications, indicating both the time and date received. The applicant in turn will be provided with a notice of the time and place for the written examination. Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction and then must be returned to the Commission prior to the deadline for filing. No new applications or amended applications or supporting documents will be accepted after the advertised closing time and date.
I. 
Hearing for disqualified applicants. Any applicants or other persons who believe that they are aggrieved by the actions of the Commission, in refusing to examine or to certify them as eligible after examination, may request a hearing before the City Council. Within 10 days after such a request, the City Council shall designate a time and place for the hearing which shall be conducted pursuant to the procedures set forth in the Third Class City Code, Section 4408.[1] The applicant or aggrieved party must make his or her request for a hearing, in writing, within 10 calendar days of the date when the party knew or should have known of the Commission's action which is being challenged.
[1]
Editor's Note: See 53 P.S. § 35101 et seq.
J. 
Public notice. The Commission shall conspicuously post in the City of Monessen Municipal Building the information as to the type of position to be filled, the requirements for the position, where applications may be obtained for the examination and the deadline for filing those applications. As least two weeks prior to each examination, publication of the notice shall be placed in at least one newspaper of general circulation in the City of Monessen. Positions to be filled by promotions from within the Department are exempt from this notice.

§ 12-18 Examination and grading procedure.

A. 
General examination requirements for the position of police officer. The examination for police officer will consist of both a written examination and an oral examination which will be graded on a one-hundred-percent scale. The written examination will represent 70% percent of the final score. The oral examination will represent 30% percent of the final score. Each applicant will undergo a physical agility test. Prior to being placed on the list of certified candidates, the applicant will be given a polygraph examination and undergo a complete background examination. These tests, examinations and investigations, with the exception of the written and oral exams, will be graded on a pass/fail basis. In compliance with the Americans with Disabilities Act, an applicant will be required to undergo both a physical examination and a psychological examination only after being given an offer of employment. The final appointment to the position is contingent upon passing both the physical examination and the psychological examinations in addition to all other aforementioned tests, examinations and investigations. Both the examining physician and the psychologist shall be at the selection of the Civil Service Commission.
B. 
General examination requirements for the positions of Corporal, Sergeant, Detective Sergeant, Lieutenant and Detective Lieutenant. Examinations for the positions of Corporal, Sergeant, Detective Sergeant, Lieutenant and Detective Lieutenant are not under the auspices of the Commission as stated in the Third Class City Code.[1]
[1]
Editor's Note: See 53 P.S. § 35101 et seq.
C. 
Notice of examination. The Commission can appoint a Written Examination Administrator, an Oral Examination Administrator, a Polygraph Examiner, a Physical Agility Examiner, a Medical Examiner and a Psychological Examiner to conduct appropriate examinations required by these rules and regulations. All appointments will be at the sole discretion of the Commission.
D. 
Written examination. The written examination shall be graded on a one-hundred-percent scale. An applicant must score at least 70% to continue in the application process. Applicants who score less than 70% shall be rejected. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their examination results.
E. 
Oral examination. Every applicant who attained a passing score of at least 70% shall be given an oral examination. An applicant must score at least 70% to continue the application process. Any applicant who scores less than 70% will be rejected. The oral examination shall involve questioning applicants on how they would handle situations relevant to police work. Within 30 days after the administration of the oral examination, the applicant shall be given written notice of his or her examination results.
F. 
Veterans preference points. Pursuant to the Veterans Preference Act, 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 his or her total score if that applicant had received passing scores under Subsections A, D and E of this section of these rules and regulations. Qualifications necessary for receiving veterans preference points are outlined in the following rules:
(1) 
Anyone who has served in the regular military services, the National Guard or the Reserves since July 1, 1953, and has received an honorable discharge is eligible to receive veterans preference points. Completion of basic training and receipt of an honorable discharge for members of the National Guard or the Reserves bestows veterans status on an applicant when they continue to serve in the National Guard or Reserves.
(2) 
Veterans preference points will not be provided for promotions since such an award is considered to overvalue military service.
(3) 
In the selection of a candidate from the certified list of three, under § 12-19B, where one or more of the three candidates is a veteran under the Act, the appointing authority must select that individual with the highest score for the appointment.
G. 
Polygraph examination.
(1) 
Each applicant for the position of police officer will be required to complete a personal data questionnaire and undergo a polygraph examination prior to having his or her name included on the list of certified candidates. [See § 12-19B(2)(a) of these rules and regulations.] Each candidate who is offered a promotional position, or a candidate from outside the Department who is offered the position of Captain or Chief, may be requested to undergo a polygraph examination. The Commission shall furnish each Polygraph Examiner with such forms upon which the Examiner shall state whether any of the applicant's responses to questions from the data questionnaire are deceptive. The report of each examination shall be submitted either in person or by mail directly to the Commission within five days after the date of the examination.
(2) 
The Examiner shall ask questions based on the information contained in the personal data questionnaire. Before administering the test, the Examiner shall ask each applicant whether there is any more information related to the personal data questionnaire which the applicant would like to provide. There shall also be a post test review during which the Examiner shall again ask the participant if deception is indicated, whether there is any information which the applicant is withholding.
(3) 
If the Examiner shall deem any of the applicant's responses to be deceptive, the Examiner must inform the applicant and provide him with an opportunity to explain, deny or admit the deception. If the applicant denies being deceptive or if the explanation if found unsatisfactory by the Examiner, the applicant will be given the opportunity to take a second test with a different Examiner. Notice of the opportunity to retest shall be given in writing to the applicant by the Commission. The second Examiner shall not have access to the results of the first test. If the second Examiner finds no deception, the applicant will be considered as having passed the polygraph. If the second Examiner also finds the applicant deceptive, the applicant will be considered as having failed the examination.
(4) 
An applicant who has failed both tests may appeal to the Civil Service Commission for a third examination. This appeal must be in writing within five days of having been notified of his/her failing the second examination and must contain reasons for such an appeal. The Civil Service Commission will review the appeal and the decision to grant the applicant the opportunity to take a third examination lies solely with the Commission. If the applicant is awarded an opportunity to take a third polygraph examination and passes, then the applicant will be considered as having passed the test. If the applicant is found deceptive on a third test, the applicant will be rejected.
H. 
Physical agility testing.
(1) 
An applicant for the entry level position of police officer, promotional positions and candidates for Captain both from within and outside the City of Monessen must meet the following physical agility requirements:
(a) 
Stretcher carry. Applicants will be paired off and required to carry a stretcher with a simulated patient weighing at least 175 pounds over a distance of 100 feet, without setting the stretcher down or stopping to rest. Those applicants failing on the first attempt will be permitted to retake the exercise a second time after being paired with another partner. If the applicant fails on the third attempt, an additional attempt may be permitted at the sole discretion of the examiner or official in charge of the testing.
(b) 
Body drag. An applicant will be required to drag a weight, simulating a person, weighing at least 175 pounds, at least a distance of 50 feet in a period of one minute.
(c) 
Quarter-mile run. An applicant will be required to run a distance of 1/4 of a mile, over a pre-measured course, in less than 110 seconds.
(d) 
Window climb. An applicant is required to climb through a six-foot-high level window without assistance onto a three-foot level platform on the other side of the window, and then to the ground. They must then return up onto the three-foot-high platform, through the window and onto the ground below. A second opportunity will be given to any applicant who fails during the first attempt. One additional attempt may be permitted at the sole discretion of the examiner or official in charge of the testing.
(e) 
Thirty-second trigger pull. Within a thirty-second time limit per hand, an applicant is required to repeatedly pull the trigger of a double action revolver, not fewer than 15 times for each hand, with arms horizontally extended out to his or her front.
(2) 
Applicants who have either successfully passed or failed the physical agility test will so be notified in writing by the Commission within 30 days.
I. 
Background investigation.
(1) 
The Commission shall request the Chief of Police or a designee to conduct a background investigation on each applicant prior to his or her initial appointment within the City of Monessen Police Department, including an individual from the outside of the Department who is being considered for the position of Captain. The background investigation shall cover at least the past 10 years and should include interviews with the applicant's family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and/or school officials. In addition, the applicant's credit history and record of criminal convictions must be investigated. A check of the Pennsylvania's or the applicant's current and former state of residence motor vehicle operator's license records should also be checked for validity and for revocations or suspensions. The applicant may be interviewed directly when the information collected requires clarification or further explanation. The investigator may use his own discretion in the expansion or contracting of these items and time frames.
(2) 
After the background investigation is completed, the Chief of Police or his designee shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a police officer for the City of Monessen.
(3) 
The recommendation by the Chief or the designee shall be based on the criteria set forth in § 12-17G of these rules and regulations and on any other information developed during the background investigation. This report to the Commission shall be in writing and, in compliance with the Americans with Disabilities Act, must not include any medical 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 Commission 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.
(4) 
Within 30 days after the Commission 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.

§ 12-19 Certification of list of eligibles and appointments.

A. 
Creation of eligibility list.
(1) 
At the completion of the examination requirements set forth in § 12-18, the written examination, the oral examination, background examination and physical agility testing, the Commission 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 listed in descending order of their scores. Applicants who qualify for veterans preference points shall have those points added to their passing score prior to being ranked on the eligibility list.
(2) 
Breaking tie scores. When two or more qualifying applicants shall receive the same final weighted score, the order in which the names of such persons shall appear on the eligible list shall be determined by their scores on the part of the examination assigned the greatest weight. In the event that two or more qualifying applicants also receive identical scores on the part of the examination assigned the greatest weight, the order of listing shall be determined by the order in which the applications were received by date and time and were numbered for recording purposes.
(3) 
The eligibility list will be valid for a period of one year from the date the Commission ranks all passing applicants, assigns veterans preference points and formally adopts the eligibility list. The Commission may, at its sole discretion, void an eligibility list at any time for any reason. The Commission may, at its sole discretion, by vote of the majority of the Commission at a duly authorized Commission meeting, extend the list for one additional year.
B. 
Appointment.
(1) 
The City Council of the City of Monessen may fill any vacancy in an existing position in the Police Department for any of the following reasons: Expansion of the Police Department, retirement, disability or death. The position(s) may be filled by reappointment or reinstatement of a former employee of the Police Department who had been furloughed. Except for physical and psychological examination, no other testing shall be required for a furloughed, rehired or reappointed employee.
(2) 
If there is not a furlough list or if the positions remain to be filled after all of the officers on the furlough list were offered employment, every position, except that of Captain or Chief of Police, shall be filled in the following manner:
(a) 
The City Council of the City of Monessen shall notify the Commission of any vacancy which is to be filled and shall request certification of three names from the list of eligible.
(b) 
If three names are not available, then the Commission shall certify the name(s) remaining on the list.
(c) 
The City Council of the City of Monessen shall make an appointment from one of the three names certified with reference to the merits and fitness of the candidates. However, for the initial appointment to the position of police officer, when one of the three applicants of the certified list is a veteran, that applicant shall be selected. If two or more of the names on the certified list are veterans (for the initial appointment to the position of police officer), then the first veteran named on the certified list must be selected for appointment.
(3) 
The City Council may object to one or more of the persons certified for the reasons set forth in § 12-17G of these rules and regulations. If the candidate to whom the City Council objects fails to timely exercise the rights of appeal under § 12-17I or if the Council declines to uphold the appeal, the Council shall strike that name from the eligibility list and certify the next highest name for inclusion in the list of three candidates for each name stricken off.
C. 
Appointment of Chief of Police.
(1) 
In the event of a vacancy in the office of Chief of Police, the Mayor, or the City of Monessen, has full discretion in selecting the individual to fill the position of Chief of Police. If the Mayor requests the Commission to subject that person to a noncompetitive examination, and if that person passes the examination, then the Commission shall notify the Mayor of the results of the examination and that person may then only be removed from the position of Chief of Police for reasons set forth in § 12-20BSection 6.2 of these rules and regulations.
(2) 
A Chief of Police may be appointed without civil service status. If this is done, and the Chief of Police is then later removed for any reason whatsoever, that individual shall be returned to a prior rank if promoted from within the City of Monessen Police Department. If the Chief of Police had been appointed from outside of the City of Monessen Police Department, and is later removed for any reason whatsoever, he may simply be dismissed by City Council action. Either of these actions may be taken without implicating civil service hearing rights.
D. 
Physical and psychological examinations.
(1) 
After the City Council selects a candidate from the certified list of three for appointment to the vacant position, that candidate shall submit to a physical examination and to a psychological examination. If the candidate successfully passes the examinations, then that employee shall be appointed to the vacant position in the Police Department for which the candidate had applied. The appointment shall be contingent upon successfully passing the physical exam and the psychological examination where required. Failure to pass either examination shall result in the candidate being rejected from further consideration for that appointment. The rejected candidate may appeal this decision under § 12-17I of these rules and regulations.
(2) 
Selection of the physical and psychological examiners shall be at the discretion of the Commission. All fees for the services of these examiners shall be paid by the City of Monessen.
(3) 
A candidate shall be informed in writing of his passing or failing of the examinations. If a certified candidate fails either of the examinations, the Commission shall then certify another name to be included with the two previously certified names for consideration by the City Council pursuant to § 12-19 of these rules and regulations.
E. 
Probationary period.
(1) 
Every successful applicant for the position of police officer or to a promotional position, with the Police Department, including the selection of an individual from outside of the Department for the position of Captain or Chief, shall serve a 12 month probationary period. During this probationary period, a newly hired officer may only be dismissed for cause for the reasons set forth in §§ 12-17G and/or 12-20B of these rules and regulations. A promoted officer, during probation, may be returned to the rank from which he was promoted, only for cause for the reasoning set forth in §§ 12-17G and/or 12-20B of these rules and regulations. An individual selected for the position of Captain or Chief, and hired from outside of the Department, may also only be dismissed for cause for the reasons set forth in §§ 12-17G and/or 12-20B of these rules and regulations but will not be afforded the opportunity to be reduced in rank and retained by the City of Monessen Police Department.
(2) 
Prior to the end of the twelve-month probationary period, if the conduct of the probationer has not been satisfactory to the City Council, under Subsection E(1) above, the probationer shall be notified, in writing, by the Council that the appointment will not be permanent. Following receipt of this notification by the probationer, a newly hired officer's employment, or that employment of a Captain or Chief, who had been hired from outside the City of Monessen Police Department, shall end. If a promoted officer is issued such a letter, he shall be returned to the rank from which he is promoted. Any probationer who is notified in writing by the Council, prior to completion of the twelve-month probation period, that his appointment will not be made permanent, has no rights of appeal under these rules and regulations.
(3) 
At the end of the twelve-month probationary period, either a newly hired or a promoted employee shall receive permanent status within the Police Department.
F. 
Provisional appointment. Whenever there are urgent reasons for the filling of a vacancy in any position in the Police Department and there are no names on the list of eligibles for such an appointment, the City of Monessen may nominate a person to the Commission for a noncompetitive examination. Such nominee may be certified by the Commission after the nominee successfully passes such a noncompetitive examination. He may then be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission, within 30 days, to begin the process for a competitive examination and related tests, investigations and examinations under §§ 12-17 and 12-18 of these rules and regulations. A list of eligibles will then be established and a certified list of three names will be presented to the City Council from which a regular appointment shall be made. Nothing in this subsection shall prevent the appointment, without examination, of persons temporarily assigned the full duties of a police officer for the City of Monessen in cases of riots or other such emergencies.

§ 12-20 Suspensions, removals and reductions in rank.

A. 
Grounds for disciplinary action. Civil Service employees are subject to discipline for misconduct, violation of any law of the commonwealth, any ordinance of the City or regulation of the Department (53 P.S. § 38408). The Department head may issue discipline up to a ten-day suspension. Suspension for a period up to 30 days or discharge requires a hearing before Council with appeal to the Court of Common Pleas.
B. 
Furloughs.
(1) 
If it shall be deemed necessary by the City of Monessen to reduce the number of full-time police officers in the Department, then the City shall apply the following procedures:
(a) 
If there are any employees eligible for retirement under the terms of any retirement or pension law, such reductions in number shall be made by retirement of such employees. This would begin with that employee who has the longest period of service with the Department and follow in order of age or service respectively.
(b) 
If there are no full-time police officers eligible for retirement, or if no retirement or pension fund exists, then the reductions shall be effected by furloughing the police officer(s), including probationers, last appointed to the Police Department.
(2) 
Such removal shall be accomplished by furloughing in numerical order commencing with the police officer last appointed until such reduction shall have been accomplished. 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. Employees so notified of reinstatement shall accept reinstatement within 30 days of receipt of such notice. These reductions-in-force provisions are not applicable to the Chief of Police.
C. 
Notice of suspensions, removal or reduction in rank.
(1) 
Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the 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 § 12-20 of these rules and regulations 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 of § 12-20 of these rules and regulations.
(2) 
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 § 12-20D of these rules and regulations. 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.
D. 
Hearings on suspensions, removals and reduction in rank.
(1) 
The police officer who has been suspended, removed or reduced in rank can appeal the decision of the City Council by written notice to the Secretary of the City Council requesting a hearing. This request must be received by the Council 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.
(2) 
In conducting the hearing, the Council's standard of review shall be to determine whether sufficient evidence has been presented to support the statutory reason for the proposed disciplinary action. If the Council finds that sufficient evidence has been introduced to support the charge(s), the Council shall not modify the penalty as originally imposed, unless it finds that the penalty imposed was arbitrary, discriminatory or abusive.
E. 
Hearing procedure.
(1) 
All testimony shall be given under oath, administered by the City Council.
(2) 
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 Monessen City Council. Such a request will be taken into consideration by the Council, and if deemed advisable, a decision as to whether the hearing shall be open or closed to the public will be made. This decision will be final.
(3) 
If the Council 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 Council 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.

§ 12-21 Resolution for adoption.

The foregoing rules and regulations, which are in accordance with powers granted by the civil service section of the City 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 City of Monessen, Westmoreland County, Pennsylvania, are hereby adopted by the Civil Service Commission of the City of Monessen.