[HISTORY: Adopted by the City Council of the City of Altoona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-13-2008 by Ord. No. 5578; amended in its entirety 12-5-2018 by Ord. No. 5735]
Unless otherwise expressly stated, the following words and phrases,
wherever used in these rules and regulations, shall be construed to
have the meaning indicated herein:
Any individual who applies in writing to the Board in response
to a legally advertised notice of vacancy and/or examination for any
position in the Police Department.
The Civil Service Board of the City of Altoona, Blair County,
Pennsylvania.
An individual appointed by the City Council to serve as an
alternate member of the Civil Service Board. Properly appointed alternate
Board member shall have all the same powers and duties as a primary
appointed Board member set forth in the Third Class City Code and
as outlined in these rules and regulations.
An individual appointed by the City Council to serve as an
primary Board member of the Civil Service Board with traditional duties
as set forth in the Third Class City Code[1] and as outlined in these civil service rules and regulations.
The submission to the City Manager, pursuant to his/her request
for three names taken from the police officer's eligibility lists
developed by the Civil Service Board.
The Chairperson of the Civil Service Board of the City of
Altoona, Pennsylvania.
A sworn officer who is appointed by the City Manager and
not appointed under the provisions of these civil service rules and
regulations.
The City Council of the City of Altoona, Pennsylvania.
The appointing authority, as hereby appointed by the City
Council of the City of Altoona, Blair County, Pennsylvania, pursuant
to the act of July 15, 1957, P.L. 901, No. 399, Cl. 11, the Optional
Third Class City Charter Law, of the City of Altoona, shall have the
authority to appoint, suspend, remove and reduce in rank, any member
of the Altoona Police Department.
A police officer who is appointed by the City Manager and
not appointed under the provisions of these civil service rules and
regulations to serve as a second in command to the Chief of Police
and who will assume the duties of the Chief of Police at any time
that the Chief of Police is away from the City of Altoona or otherwise
unable to perform his/her duties and shall possess the same authority,
powers and responsibilities of the Chief of Police when performing
the duties of the Chief of Police.
[Added 6-10-2020 by Ord.
No. 5766]
The list of names of persons who have passed all examinations
for a particular position in the Police Department.
A person whose name is recorded on a current eligibility
list or furlough list.
The series of tests given to applicants to determine their
qualifications for a position in the Police Department.
A qualified police officer hired under the provisions of
these civil service rules and regulations.
The list containing the names of persons temporarily laid
off from positions in the Police Department because of a reduction
in the number of personnel.
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.
The Pennsylvania Municipal Police Officers Education and
Training Commission.
Shall have the meaning given to it in 1 Pa.C.S.A. § 1991
that relates to definitions.
Any sworn qualified police officer serving in the Police
Department, except as specifically noted.
A police officer who has been promotionally appointed from
their respective eligibility list, but who has not yet completed the
work-test period.
A qualified full-time police officer appointed to a "ranking
position" in the Police Department, under the provisions of these
civil service rules and regulations.
An individual, in collaboration with or under the supervision
or direction of a physician, as may be required by law, who is licensed:
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" [2]; or the act of October 5, 1978 (P.L. 1109, No. 261), known
as the "Osteopathic Medical Practice Act"[3]; or 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."[4]
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 positions 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 Secretary of the Civil Service Board of the City of Altoona,
Pennsylvania.
Person or City Department appointed by the Board, not a member
of the Civil Service Board, to provide additional administrative assistance.
The temporary separation without pay of a police officer
from the Police Department.
The Vice Chairperson of the Civil Service Board of the City
of Altoona.
The words "he," "his," "him," and "men" when used in these rules
and regulations represent both the masculine and feminine genders.
A.
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 or Fire Department, except to the position
of Chief of Police, Deputy Chief of Police, Fire Chief or Deputy Fire
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 these civil service
rules and regulations. Thus, there shall be one Civil Service Board
for both police and fire uniformed positions in the City. The Civil
Service Board shall receive no salary or compensation.
[Amended 6-10-2020 by Ord. No. 5766]
(1)
Board (Primary). 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 subdivision, before entering upon the discharge of the duties
of his 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 Manager.
(2)
Board (Alternate). 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 14403.1 of the Third
Class City Code and outlined in Section 2.3, c), d),[1] of these civil service rules and regulations. Alternate
members shall hold no other office in the City. Each member of the
Board (Alternates) created by this subdivision, before entering upon
the discharge of the duties of his 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: So in original.
No City officer, official or employee shall be eligible for
appointment to the Civil Service Board.
A.
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.
B.
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.
C.
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.
D.
For purposes of hiring and promoting police officers under these 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 under Subsection C above, 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.
The Board 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 these rules and regulations and
shall be a voting member.
The Board Vice Chairperson shall act in the absence of the Board
Chairperson in carrying out the duties of the Board Chairperson and
shall be a voting member.
The Board Secretary, under the direction of the Board, shall work in conjunction with the compensated secretary (§ 105-9) 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 these rules and regulations, keeping a record of each examination or other official action of the Board, and perform all other duties required by law including these rules and regulations and shall be a voting member.
The Board shall appoint a compensated secretary or designated
City department, who is not a member of the Board, and prescribe the
duties, and shall have the power to change these duties. The compensated
secretary or designated City department shall be subject to removal
at any time by the Board. The Council shall establish the compensation,
if any, to be paid to the compensated secretary or City department,
and all necessary stationery and supplies for use of the Board shall
be supplied by the City.
A.
All meetings shall be held either at the call of the chairperson or at the call of two members of the Board. Each Board member shall be notified in writing of each and every meeting. In all cases regarding meetings, including scheduling, the Board shall follow the provisions provided for pursuant to 65 Pa.C.S.A. Ch. 7, as amended and commonly known as the "Sunshine Law. The order of business for all meetings shall be as follows:
The City shall furnish to the Board, on its requisition, clerical
assistance that may be necessary for the work of the Board. The City
shall provide a suitable and convenient room for the use of the Board.
The Board shall order from the City the necessary stationery, postage,
printing and supplies. The City shall also provide the services of
a solicitor for the Board to be appointed by the Board and paid by
the City. 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 elected and appointed officials of the City shall aid
the Board in all proper ways in carrying out the provisions of these
civil service rules and regulations.
[Amended 6-10-2020 by Ord. No. 5766]
No person or persons shall be appointed to any uniformed position
in the Police Department, excluding the Chief of Police and Deputy
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 and adopt 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 these 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.
The Board shall appoint experienced and qualified written, oral
and physical agility examination administrators to conduct appropriate
examinations required by these rules and regulations. The Board shall
reserve the right to accept or reject, for cause in whole or in part
the recommendations of the appointed examining agency provided the
reason(s) for doing so is not arbitrary and is consistent with these
rules and regulations. The City Manager shall have the responsibility
to appoint the physical and psychological examiner, as outlined in
Section 3.20[1] of these rules and regulations.
[1]
Editor's Note: So in original.
The Board, either itself or upon recommendation by the City,
may amend, revise, void or replace these rules and regulations for
any reason by action of a majority of the Board. Before any changes
to these rules and regulations become effective, those changes must
be approved by the City Council. These rules and regulations, and
any amendments thereto, once approved by the City Council, shall be
made available to the public for distribution or inspection, as amended.
The Board shall keep minutes of its proceedings and records
of examinations and other official actions. All records of the Commission
shall be preserved and disposed of according to the Retention and
Disposition Schedule for Records of Pennsylvania Municipalities issued
by the Local Governments Committee under the authority of the Municipal
Records Act, 53 Pa.C.S.A. § 1381 et seq.
The Board 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 Board is authorized
to administer oaths and affirmations in connection with such investigations.
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 investigations conducted pursuant
to any applicable rules and regulations. The 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. All officers in public service and employees
of the City shall attend and testify when required to do so by the
Board. If any person shall refuse or neglect to obey any subpoena
issued by the Board, 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 if in default of the payment of such fine
and costs shall be imprisoned, not to exceed 30 days. If any person
shall refuse or neglect to obey any subpoena, the Board may apply
by petition to the Court of Common Pleas of Blair 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, shall be held in contempt of Court.
A.
Applications and qualifications.
(1)
Eligibility for examinations. In order to be eligible for participation
in any examination for any full-time position with the Altoona Police
Department, every applicant must submit a completed application form
to the Board or other offices or agencies designated by the Board
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.C.S.A § 4904 relating to unsworn falsification to
authorities.
(2)
Discrimination. The City of Altoona 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.
(3)
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. However, the Board assumes
no responsibility for missed filing deadline dates due to a delay
in the mail or for any other reason.
(4)
Age and residency requirements. All applicants must have reached
their 21st birthday before the deadline for submitting completed applications.
Police officers shall not be required to live in the City, but shall
be required to have no more than a forty-five-minute response time
from their residence.
(5)
General qualifications. At the time of application every applicant
for a position in the Police Department shall possess the following
qualifications:
(a)
Possess a diploma from an accredited high school or a graduate
equivalency diploma (GED).
(b)
Be Act 120 certified under the Municipal Police Officers Education
and Training Commission (Act 120), (MPOETC) 53 Pa.C.S.A. § 2161
et seq., or shall have successfully completed Act 120 Training and
passed the final exam, prior to the certification of the eligibility
list, thus being eligible for Act 120 Certification once hired by
the City. Prior to soliciting applicants for new police officer positions,
the City may, at its discretion, direct the Board to expand the scope
of this subsection so as to accept applicants who have not yet undertaken
Act 120 Training at the time of application. In this event, once hired
any such candidates shall be required to meet or exceed any and all
requirements as established or required by MPOETC and the laws of
Pennsylvania regarding municipal police officer qualifications and
training prior to serving as a police officer for the City.
(c)
Be a United States citizen.
(d)
Be physically and mentally fit to perform the essential duties
of a police officer.
(e)
Possess a valid motor vehicle operator's license.
(6)
Public notice - notification. The Board shall conspicuously post
in City hall, or other conspicuous locations, an announcement of the
hiring and set forth the time and place of every examination, together
with the information as to the type of position to be filled, the
requirements for that position, where applications may be obtained
for the examination, and the deadline for filing those applications.
For the entry level position(s), at least two weeks prior to first
examination, a publication of the notice shall be placed in at least
one newspaper of general circulation in the City of Altoona, the Altoona
Mirror, as a minimum, and/or any such other newspapers and in such
other manner as may be directed by the Board. The City Manager, or
other designated person, shall give, in writing, to each applicant
qualified for the next step in the examination process, a notice which
shall include the date, time and place the applicant shall report
for the next examination in the process. In the case of physical and
psychological examinations, the City Manager shall notify the candidate
who has been conditionally offered a position in the Police Department
by a written notice of the date, time and place of the examinations
as well as the name of the physical and psychological examiners. Every
such notice shall be mailed or otherwise delivered/notified at least
seven days prior to the date fixed for examination. Only applicants
receiving notices to report for any examination shall be permitted
to participate in such examination, and each applicant shall present
his or her notice to the examiner before he or she shall be examined.
Failure to report for an examination in accordance with the instructions
contained in the written notice shall disqualify the applicant, but
in the case of a physical or psychological examinations, the physician
and psychiatrist/psychologist designated in the notice may fix another
date or time for such examination; provided, however, that any such
date or time shall be written with the period of at least seven days
of the date and time established in the written notice.
A.
Applications for positions of full-time police officer may be received
at the City building or other designated locations only after a police
officer position has been properly advertised and before the deadline
for receiving applications which must be set forth in the public advertisement.
Applications will be received by the municipal official designated
in the public advertisement or that official's designee. That person
shall record the receipt of all applications and provide each applicant
with notice of the time and place for the first portion of the testing
procedure.
B.
Penalty for false statement: The statements made by the applicant
in the official application shall contain no falsification, omissions
or concealment of material fact. Should any investigation disclose
any material misstatement, falsification or concealment with respect
to an application:
(1)
The application shall be invalid and the applicant shall be disqualified
from examination; or
(2)
If the applicant shall have been examined, the name of such applicant
shall be removed from the eligibility list; or
(3)
If the applicant shall have been appointed, such material misstatement,
falsification or concealment shall constitute grounds for dismissal
from the Altoona Police Department; and
(4)
No person who has made a material false application shall be permitted
in the future to be an applicant for any position in the Altoona Police
Department.
A.
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 examination prescribed in these
rules and regulations for the particular position for which the applicant
has applied. In addition, the Board may refuse to examine, or if examined,
may refuse to certify any applicant who is:
(1)
Found to have furnished incomplete, inaccurate, misleading or false
information on the official application or in response to any portion
of the hiring process
(2)
Physically unfit for the performance of the essential duties of the
position of which the candidate seeks employment;
(4)
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;
(5)
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.
(6)
Found to have engaged in misconduct or violation of any law of this
Commonwealth, ordinance or policy of the City, or regulation, policy,
or standard operating procedure of the Department.
A.
Any applicant or other persons who believe that they are aggrieved
by the actions of the Board in refusing to examine or to certify them
as eligible after examination may request a hearing before the Board
within 10 days of receiving written notice of what is perceived as
the alleged error. Within 10 days after such request, the Board shall
designate a time and place for the 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.
B.
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).[1] The decision of the Board shall be final.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A.
General examination requirements. The examination for full-time police
officer shall consist of a physical agility test, written examination,
oral examination and a background investigation. Applicants for the
position of full-time police officer shall also be required to undergo
a computer voice stress analyzer test. 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 testing process will be as follows:
(1)
Physical agility test. Those candidates passing the physical agility test, as outlined in § 105-22B, will qualify to take the written examination.
Note: At the discretion of the Board, the written examination
may precede the physical agility testing.
(2)
Written examination. Those candidates passing the written test as outlined in § 105-22C will qualify for the oral examination.
(4)
Background investigation. Prior to being considered for appointment on the certified list of three the applicant will undergo a complete background investigation, as outlined in § 105-23. Although a requirement, only a sufficient number of top scoring candidates necessary for consideration, as determined by the Civil Service Board, will need to have a background investigation performed.
B.
Physical agility testing. All applicants must submit to a strength
and agility fitness examination as follows:
(1)
Applicants for an entry-level position who are either Act 120 certified
or who have successfully completed Act 120 training and passed the
final exam must submit to a strength and agility fitness examination
which shall be the same test and the Board shall require that applicants
meet or surpass the same minimum passing threshold as that required
for graduation from a Pennsylvania police academy, as such requirements
may be revised from time to time by the MPOETC. Specifically, MPOETC
currently requires each applicant to achieve a 50th percentile (Cooper
standards) in each listed event of the final physical fitness test.
The final physical fitness test includes: one minute sit-up followed
by at least five minutes to recover; 300-meter run followed by at
least five minutes to recover; one minute push-up test followed by
at least five minutes to recover; and a 1.5-mile run followed by at
least five minutes to recover. All four events must be completed within
a two-hour time limit.
(2)
Applicants for an entry level position who have not yet undertaken
Act 120 training must submit to a strength and agility fitness examination
which shall be the same test and the Board shall require applicants
to meet or surpass the same minimum passing threshold as that required
for entrance to a Pennsylvania police academy. Specifically, based
on Title 37 § 203.11, MPOETC requires each applicant to
achieve a 30th percentile (Cooper standards) in each listed event
of the fitness test battery. The fitness test battery includes:
(3)
The physical agility test shall be pass/fail.
(4)
Applicants who have successfully passed or failed the physical agility
test will be so notified at the completion of the physical agility
test or by the Board, in writing, within 30 days after the physical
agility test has been conducted.
C.
Written examination. The written examination shall be graded on a
100-point scale, and an applicant must score 70% or higher in order
to continue in the application process. Applicants scoring 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 test results and passing applicants shall be scheduled for
an oral examination appointment.
D.
Oral examination. Every applicant who scored 70% or higher on the
written examination shall be given an oral examination in order to
continue in the application process. The oral examination will be
graded on a 100 point scale with a score of 70% or higher necessary
for passing. The oral examination shall involve questioning applicants
on how they would handle situations relevant to police work and behavioral-based
questions relevant to police work. Within 30 days after the applicants'
oral examination, they shall be informed of the score in their oral
examination and total overall score.
E.
Veterans' preference points. Pursuant to the Veterans' Preference
Act[1], any applicant for the position of police officer who qualifies as a "soldier" under this Act shall be accorded an additional 10 points on top of their final score by the Board, prior to being placed on the eligibility list, if that applicant qualifies under §§ 105-22 and 105-23 of these rules and regulations. Applicants claiming veterans' preference shall have submitted satisfactory proof of service and honorable discharge therefrom, such as an appropriate DD Form 214, with their application form.
[1]
Editor's Note: See 51 Pa.C.S.A. § 7104.
A.
Creation of eligibility list. At the completion of the examination requirements set forth in §§ 105-22C and D and 105-23D and E, which includes the physical agility test, the written examination, the oral examination, the background investigation, and the computer voice stress analyzer examination, the Board shall rank all passing candidates on the eligibility list. The applicants 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, as outlined in § 105-22E, 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 applicant received identical scores, the order of listing shall be determined by the earliest application received. No one will be certified as eligible in accordance with these rules and regulations until they have successfully completed a background investigation and computer voice stress analyzer examination and received a written recommendation that the applicant is appropriate for consideration in accordance with § 105-23D and E of these rules and regulations.
B.
Duration of eligibility list. 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 are public records.
C.
Review of eligibility list. 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, 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.
D.
Background investigation. The Board shall request the Chief of Police or the chief's designee to conduct a background investigation on the top scoring eligible applicants, as determined by the Civil Service Board, prior to inclusion on the eligibility list as set forth in § 105-23A of these rules and regulations. 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. The Chief of Police or chief's designee may use his/her own discretion in the expansion or contracting of these items and time frames. After the background investigation is completed, the Chief of Police or the chief's designee shall make a written recommendation to the City Manager on whether the applicant is appropriate for consideration for appointment as a full-time police officer for the City of Altoona. The recommendation by the Chief of Police or the chief's designee shall be based on the criteria set forth in § 105-20 of these rules and regulations and on any other relevant information developed during the background investigation. This report to the City Manager shall be in writing and in compliance with the Americans with Disabilities Act[1] and 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 City Manager 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 City Manager 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.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
E.
Computer voice stress analyzer. Every applicant who undergoes a background investigation pursuant to § 105-23D above shall also be required to submit to a computer voice stress analyzer (CVSA) examination which shall be administered by a qualified examiner. As part of the CVSA examination, each candidate shall fill out a personal data questionnaire. The personal data questionnaire shall be in compliance with the Americans with Disabilities Act[2] and must not include or request any medical history information
on a candidate. The report on each examination shall be submitted
to the Chief within 10 days after the date of the examination.
(1)
The examiner shall ask questions based on the information contained
in the personal data questionnaire or developed during the course
of the background investigation. Before administering the test, the
examiner shall ask each applicant whether there is any other 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.
(2)
If the examiner shall deem any of the applicant's responses to be
deceptive, the examiner must tell the applicant immediately and give
the applicant an opportunity to explain, deny or admit the deception.
If the applicant denies being deceptive or if the explanation is found
unsatisfactory by the examiner, the applicant will be given the opportunity
to retake the test with a second examiner. Notice of the opportunity
to retest shall be given in writing to the applicant. The second examiner
will not have access to the results of the first test prior to re-administering
the CVSA. If the second examiner finds no deception, the applicant
will be considered as having passed the CVSA. If the second examiner
also finds the applicant deceptive, the applicant will be considered
as having failed the examination.
(3)
An applicant who has failed both tests may appeal to the Board for
a third examination and the decision to give the applicant an opportunity
to take a third test resides solely with the discretion of the Board.
If the applicant is awarded an opportunity to take a third test and
passes, then the applicant will be considered as having passed the
CVSA test. If the applicant is found deceptive on a third test, the
applicant will be rejected.
(4)
After both the background investigation and computer voice stress
analyzer is completed, the Chief of Police or the chief's designee
shall make a written recommendation to the City Manager on whether
the applicant is appropriate for consideration for inclusion on the
eligibility list as a full-time police officer for the City of Altoona.
This report to the City Manager shall be in writing and in compliance
with the Americans with Disabilities Act[3] and must not include any medical history information on
a candidate. Within 30 days after the City Manager considers the recommendation
based on the background investigation and results from the computer
voice stress analyzer examination, each applicant shall be notified
as to whether they have passed or failed this portion of the examination
process.
[3]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
[2]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
A.
Appointing authority. 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 § 105-26E of these rules and regulations.
(1)
Except as provided above, every initial position of full-time police
officer for employment in the Police Department shall be filled only
in the following manner:
(a)
The City Manager shall notify the Board of any vacancy which
is to be filled and shall request certification (certified list of
three) from the eligibility list.
(b)
If three names are not available, then the Board shall certify
the name(s) remaining on the list.
(c)
The City Manager shall make an appointment contingent upon the
appointees passing a psychological and medical exam.
(d)
At the time of the appointment of a full-time police officer,
the City Manager shall advise the Mayor and City Council of such appointment.
(2)
Veterans' preference: The exception to the above procedure is when
a qualified veteran is on the certified list of three, the City Manager
shall appoint the veteran, conditioned upon passing a psychological
and medical examination. If two or more of the names on the certified
list of three are veterans, the City Manager shall have the discretion
to appoint anyone of those veterans, conditioned upon successfully
passing a medical and psychological examination.
(3)
The name of the candidate appointed shall be immediately stricken
from the certified list of three or a lesser number if three names
are not on the certified list. The names of the nonappointed candidates
shall then immediately be restored to their proper place on the certified
list and an additional candidate, with the highest score on the eligibility
list, shall then be elevated to the certified list of three, if qualified
names remain on the eligibility list.
(4)
If the name of any applicant has appeared on the certified list of
three, and not appointed and been rejected three times or the conditional
applicant has been determined by the medical examination process to
be unqualified, the applicants' names shall be stricken from the certified
list as eligible for appointment.
B.
Physical and psychological medical examinations. After the City Manager
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 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.
(1)
The physician or other qualified medical professional and the psychiatrist
or psychologist shall be appointed by the City Manager and shall render
an opinion as to whether the conditional appointee has 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.
(2)
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 full-time police officer. The completed forms shall be confidential
and submitted to the appropriate City official for disposition.
(3)
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 City Manager or designee 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.
(4)
If at the conclusion of the interactive discussion the City Manager
or designee determines that the conditional appointee is not qualified,
the City Manager shall give written notice to the conditional appointee
and the Board. This written notice shall also notify the conditional
appointee of their right to appeal the decision to the Board within
10 working days from the date of the written notice.
(5)
The rejected candidate may appeal this decision under § 105-21 of these 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.
C.
Probationary period. Every successful applicant for the position of full-time police officer shall serve a twelve-month probationary period. The probationary period may be extended by the Chief of Police but the extension may not exceed six months. During this probationary period, a newly hired police officer may be dismissed for cause for the reasons set forth in § 105-20 of these 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 required expectations of the position supported by accurate documentation. The Chief of Police shall submit to the City Manager a final probationary report. If the conduct of the probationer has not been satisfactory, the probationer shall be notified in writing by the City Manager 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 Manager, prior to the completion of the probationary period, that his appointment will not be made permanent has no rights of appeal under these rules and regulations. At the end of the probationary period, if the probationer is not dismissed in accordance with this section, a newly hired officer shall receive permanent status within the Police Department.
A.
Applications and qualifications.
(1)
Eligibility for examinations. All applicants for a promotional position,
except the Chief of Police and Deputy Chief of Police, shall have
not received a formal written reprimand for one year prior to the
deadline for submitting applications, or have not been suspended without
pay, demoted, or reduced in rank at any time two years prior to the
deadline for submitting applications. If a formal written reprimand,
reduction in rank, demotion, or suspension has been timely appealed
by a prospective applicant pursuant to a grievance procedure or these
rules and regulations, it shall be disregarded unless the appeal is
resolved prior to the creation of the eligibility list.
[Amended 6-10-2020 by Ord. No. 5766]
(a)
All applicants for promotion, except the Chief of Police and
Deputy Chief of Police, shall have continuous prior service in the
Altoona City Police Department, as indicated below:
[1]
An applicant for the position of Police Corporal shall have
at least four years of continuous prior service as a full-time police
officer with the Altoona City Police Department.
[2]
An applicant for the position of Police Sergeant shall have
at least two years of experience as a Police Corporal with the Altoona
City Police Department. Corporals may apply for promotion and may
be ranked on an eligibility list prior to the completion of two years
of service as a Police Corporal. However, an applicant is not eligible
for appointment to a promotional position until this time-in-grade
requirement is met.
[3]
An applicant for the position of Police Lieutenant shall have
at least two years of experience as a Police Sergeant with the Altoona
City Police Department. Sergeants may apply for promotion and may
be ranked on an eligibility list prior to the completion of two years
of service as a Police Corporal. However, an applicant is not eligible
for appointment to a promotional position until this time-in-grade
requirement is met.
(2)
Discrimination. The City of Altoona is an equal opportunity employer.
It is the City Council's 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 promotions.
(3)
Notification. For promotions, at least two weeks prior to the close
of the application period, posting of a notice outlining the qualifications
for the position, and requesting application forms and/or "Letters
of Intent," to apply for the position shall be conspicuously posted
in the Police Department and the City Manager's office. At the discretion
of the Civil Service Board, the Board may receive documentation from
the City of those eligible for a promotional exam and may notify them,
in writing, of the notice and the deadline for filing applications.
It is important that all applicants that meet the qualifications for
promotion be notified by the City Manager or other individuals designated
by the Board.
(a)
The City Manager, or other designated person, shall give, in
writing, to each applicant qualified for the next step in the examination
process, a notice which shall include the date, time and place the
applicant shall report for the next examination in the process.
(b)
Every such notice shall be mailed or otherwise delivered at
least seven days prior to the date fixed for examination. Only applicants
receiving notices to report for any examination shall be permitted
to participate in such examination, and each applicant shall present
his or her notice to the examiner before he or she shall be examined.
Failure to report for an examination in accordance with the instructions
contained in the written notice shall disqualify the applicant.
(4)
Rejection of applicant. The Board may refuse to examine, or, if examined,
may refuse to certify as eligible after examination, any promotional
applicant who is found to lack any of the minimum qualifications for
examination prescribed in these rules and regulations for the particular
position for which the applicant has applied. In addition, the Board
may refuse to examine, or, if examined, may refuse to certify any
applicant who is:
(a)
Found to have furnished incomplete, inaccurate, misleading or
false information on the official application or in response to any
portion of the hiring process;
(b)
Physically unfit for the performance of the duties of the position
of which the candidate seeks employment;
(d)
Found to have engaged in misconduct or violation of any law
of this commonwealth, ordinance of the City, or regulation of the
Department.
(5)
Hearing for disqualified applicants. Any police ranking promotional applicant, except the Chief of Police, who believes that they are aggrieved by the actions of the Board, in refusing to examine or to certify them as eligible after examination may request a hearing before the Board, within 10 days of receiving written notice of what is perceived as the alleged error. Within 10 days after such request, the Board shall designate a time and place for the 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).[2] The decision of the Board shall be final.
[Amended 6-10-2020 by Ord. No. 5766]
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
B.
Examination and grading procedure.
(1)
General examination requirements. The examination for a police ranking
promotional position shall include a written examination, an oral
examination, and an appraisal of promotional potential, which will
be graded on a 100-point scale with the written examination representing
50% of the final score, the oral examination representing 30% of the
final score, and the appraisal of promotional potential representing
20% of the final score.
(2)
Written examination. The written examination shall be graded on a
100-point scale. An applicant must score at least 70% to be eligible
for the oral exam and continue in the promotional process. Applicants
who score less than 70% shall be disqualified. Within 30 days after
the administration of the written examination, all applicants shall
be given written notice of their examination results.
(3)
Oral examination. Every applicant for promotion who has satisfied all of the written examination requirements provided in § 105-25B(2), above, shall be given an oral examination. An applicant must score at least 70% to qualify and continue in the promotion process. Any applicant who scores less than 70% will be disqualified. The oral examination shall involve questioning applicants on police-oriented issues, including how they would handle situations relevant to police work. Within 30 days after the administration of the oral examination, they shall be informed of the score in their oral examination and total overall score.
C.
Appraisal of promotional potential.
(1)
Appraisal by Chief of Police. Every applicant for promotion who has satisfied all of the written and oral examination requirements as provided in § 105-25B(2) and (3) above shall be evaluated for promotion by the Chief of Police. The Chief of Police shall complete an appraisal of promotional potential form, which shall be based on eight merit-based factors which include:
(2)
Each of these factors shall be evaluated on a scale of one to five,
with five being the highest score, for a total possible score of 40
points.
(3)
The Chief of Police shall forward to the Civil Service Commission a completed appraisal of promotional potential form within 30 days of the Chief of Police having been requested to complete the Form by the City Manager. Following receipt by the Board of the appraisal of promotional potential form, the Board shall calculate the percentage attained on the appraisal of promotional potential form by dividing the number of points scored by the total possible score of 40 (e.g. 35/40 equals 88%). The applicant's score shall then be rated pursuant to § 105-25B(1) above to calculate the applicant's final, overall score. All applicants shall be given written notice of their appraisal of promotional potential scores.
D.
Certification of the list of eligibles and appointment.
(1)
Creation of eligibility list. At the completion of the examination requirements set forth in § 105-25B and C(1) the Board shall rank all passing applicants on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list. In the case of tied scores, the tie will be broken by giving preference to the applicant's first date of hire.
(2)
Duration of eligibility list. 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 are public records.
(3)
Appointment procedure. All promotional ranking positions in the Police
Department, except the Chief of Police and Deputy Chief of Police,
shall be filled only in the following manner:
[Amended 6-10-2020 by Ord. No. 5766]
(a)
The Board, after having established an eligibility list, shall
furnish to the City Manager a copy of the eligibility list for all
promotion positions that shall have included only those that have
passed all of the components of the testing processes as outlined
above.
(b)
When a vacancy for any promotional position is to be filled,
the City Manager shall notify the Civil Service Board of a civil service
vacancy promotional position and request the names of the top three
candidates on the eligibility of the respective promotional list (certified
list of three.)
(c)
The Board shall then certify the top three candidates on the
respective promotional list that have received the highest average
in the last preceding promotional exam held within the period of two
years preceding the date of the request for the eligibility list.
(d)
If three names are not available, then the Board shall certify
the name(s) remaining on the list.
(e)
The City Manager shall make an appointment from one of the three
names certified with sole reference to the merits and fitness of the
candidates.
(f)
At the time of appointment of a promotional position, the City
Manager shall advise the Mayor and City Council of such appointment.
(g)
The name of the candidate appointed shall be immediately stricken
from the certified list of three or a lesser number if three names
are not on the certified list. The names of the nonappointed candidates
shall then immediately be restored to their proper place on the certified
list and an additional candidate, with the highest score on the eligibility
list, shall be elevated to the certified list of three if qualified
names remain on the eligibility list.
(4)
Probationary period. Every successful applicant for the promotion
to any ranking position, except that of the Chief of Police and Deputy
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.
[Amended 6-10-2020 by Ord. No. 5766]
(a)
Every successful applicant for the promotion to any ranking
position, except that of the Chief of Police and Deputy Chief of Police,
within the Police Department may be disciplined or discharged, depending
on the severity of the violation, or returned to the position from
which they were promoted, for cause for the reasons set forth in Section
4.4 of these rules and regulations[3] or because of incapacity for duty due to the use of alcohol
or drugs.
[3]
Editor's Note: So in original.
(b)
In addition, a probationary ranking police officer, except the
Chief of Police and Deputy 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.
(c)
The Chief of Police shall submit to the City Manager a final
probationary report. If the conduct of the probationer has not been
satisfactory, the probationer shall be notified in writing by the
City Manager that the appointment will not be permanent and the probationary
ranking officer will be returned to the previous position held in
the Department.
(d)
Any probationer who is notified in writing by the City Manager
prior to the completion of the twelve-month probationary period that
their appointment will not be made permanent has no rights of appeal
under these rules and regulations.
(e)
At the end of the twelve-month probationary period, if the probationer
is not notified in accordance with this section, a promoted ranking
officer shall receive permanent status in their respective promotional
position.
E.
Appointment of Chief of Police and Deputy Chief of Police. The Chief
of Police and Deputy Chief of Police shall be appointed by the City
Manager 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 or Deputy Chief
of Police. In the event that no qualified officer from within the
ranks has applied for such designation, the Chief of Police and Deputy
Chief of Police shall be designated by the City Manager from without
the ranks.
[Amended 6-10-2020 by Ord. No. 5766]
A.
Grounds for disciplinary action.
(1)
Any police officer subject to the civil service provisions herein
shall be subject to suspension, discharge and discipline by the Department
head for the Police Department for misconduct or violation of any
law of the commonwealth, ordinance of the City, or regulations of
the Department.
(2)
No police officer, including Chief of Police, shall be discriminated
against by being removed, censured or reprimanded for any religious,
racial, political or discriminatory reasons, or any other basis permitted
by law.
B.
Hearings on suspension, removal or reduction in rank.
C.
Appeal process.
(2)
This review shall be exclusive.
(3)
Where no such appeal is taken within the time prescribed by law,
the decision of the City Council or the Civil Service Board shall
become final in accordance with the law.
(4)
The issue before the court shall be whether the action of the Council
or the Civil Service Board shall be affirmed or modified in any respect
or whether the charges should be dismissed or whether the suspension
or demotion made by the City Manager, shall be affirmed or rescinded.
Where 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.
D.
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 suspensions,
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.
E.
Furloughs. If for reasons of economy or other reasons it shall be
deemed necessary by the City to reduce the number of paid police officers,
the following procedure shall be followed:
(1)
The City shall first furlough the person or persons, including probationers,
last appointed to the Police Department. Such removal shall be accomplished
by furloughing in numerical order commencing with the person last
appointed until such reduction shall have been accomplished.
(2)
In the event that the City Council decides to increase the size of
the Police Department, as the case may be, the furloughed police officer
shall be reinstated in order of their seniority in their respective
Departments. Police officers so notified of reinstatement must accept
reinstatement within 30 days of receipt of such notice; otherwise,
such employee shall be deemed to have waived any right to reinstatement.
(3)
In addition, those furloughed officers reinstated, as outlined above,
must be in compliance or become compliant with the certification or
recertification requirements of the MPOETC before discharging the
duties of a police officer.
