[Ord. 647, 12/14/1960, § 1; as amended by Ord.
925, 4/19/1983]
A Police Department is hereby established in and for the Borough
of Mechanicsburg. The Chief of Police shall be the administrative
officer of the Police Department. He shall, under the direction of
the Mayor (Chief Executive Officer), be in charge of the police force
and have supervision over its members, in the exercise of their powers,
duties and authority.
[Ord. 647, 12/14/1960, § 2; as amended by Ord.
1037, 2/19/2002, § 1; and by Ord. 1122, 4/19/2011]
1. Subordinate to the Chief of Police, in the Police Department, the
following classifications are hereby established: lieutenant, sergeant
and patrolman, or those of such classifications to which the Borough
Council shall, at any specific time, have appointed one or more police
officers. The order of authority among such subordinate classifications
shall be in the order above listed. The number of persons to serve
in each of such subordinate classifications on a full-time and/or
part-time basis and the compensation of each shall be as determined
by the Borough Council from time to time.
2. The hiring of patrolmen and promotions to ranks other than the Chief
of Police shall be made pursuant to rules and regulations of the Police
Civil Service Commission of the Borough of Mechanicsburg, which shall
be approved by resolution of the Borough Council from time to time
and shall be in accordance with applicable provisions of the Pennsylvania
Borough Code.
3. All applicants for positions selected by the Borough Council from
the eligibility list submitted by the Police Civil Service Commission
of the Borough of Mechanicsburg shall receive a conditional offer
of employment as follows:
A. The offer of employment shall be conditioned upon the conditional
appointee undergoing a physical and psychological medical examination
and a determination that the conditional appointee is capable of performing
all the essential functions of the position. Physical medical examinations
shall be under the direction of a physician or other qualified medical
professional. Psychological medical examinations shall be under the
direction of a psychiatrist or psychologist.
B. The physician or other qualified medical professional and the psychiatrist
or psychologist shall be appointed by the Borough Council and shall
render an opinion as to whether the conditional appointee has a physical
or mental condition which calls into question the person's ability
to perform all of the essential functions of the position for which
the person was conditionally appointed.
C. 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, a person designated by the Borough Council shall meet
with the conditional appointee for the purpose of having one or more
interactive discussions on whether the conditional appointee can,
with or without reasonable accommodation, perform all the essential
functions of the position.
D. If, at the conclusion of the interactive discussion under Subsection
3C, the Borough Council determines that the conditional appointee
is not qualified, the Borough Council shall give written notice to
the conditional appointee and the Commission.
E. No physical or psychological medical examination is authorized prior
to conditional appointment.
F. As used in this Subsection
3, the following definitions shall apply:
MEDICAL EXAMINATION
Any examination, procedure, inquiry or test designed to obtain
information about medical history or a physical or mental condition
which might disqualify an applicant if it would prevent the applicant
from performing, with or without a reasonable accommodation, all of
the essential functions of the position.
PHYSICIAN
An individual as defined in the Pennsylvania Statutory Construction
Act, 1 Pa.C.S.A. § 1991, as amended.
QUALIFIED MEDICAL PROFESSIONAL
An individual, in collaboration with or under the supervision
or direction of a physician, as may be required by law, who is licensed:
(1)
As a physician assistant pursuant to the act of December 20,
1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985," or the Act of October 5, 1978 (P.L. 1109, No. 261), known
as the "Osteopathic Medical Practice Act"; or
(2)
As a certified registered nurse practitioner pursuant to the
Act of May 22, 1951 (P.L. 317, No. 69), known as "the Professional
Nursing Law."
[Ord. 647, 12/14/1960, § 3; as amended by Ord.
925, 4/19/1983]
Nothing herein shall affect the authority of the Mayor to appoint
special policemen during emergencies.
[Res. 7-00, 4/18/2000, § 1]
The purpose of this policy is to provide guidance for when officers
can and should make a custodial arrest for certain summary offenses
under the Crimes Code.
[Res. 7-00, 4/18/2000, § II]
It is the policy of the Mechanicsburg Police Department that
reasonable steps be taken to ensure the protection of life and property.
In discharging this duty, it may be appropriate and necessary to make
a custodial arrest for certain enumerated summary violations of the
Crimes Code. While recognizing that each situation is unique, this
policy is designed to provide guidance for when officers should make
such an authorized custodial arrest.
[Res. 7-00, 4/18/2000, § III]
1. Normally, a custodial arrest for summary violations under the Crimes
Code is not authorized by law or this agency. However, under certain
conditions, the law and this agency does authorize a custodial arrest
for the following crimes:
A. Crimes Code § 5503, Disorderly Conduct.
B. Crimes Code § 5505, Public Drunkenness.
C. Crimes Code § 5507, Obstructing Highways and Other Public
Passages.
D. Crimes Code § 6308, Purchase, Consumption, Possession or
Transportation of Liquid or Malt or Brewed Beverage.
2. The right to make an arrest for the summary violations listed above
must be reasonable when considering the totality of the circumstances
and, in addition, all of the following factors must be present:
A. Probable cause to believe one of the offenses enumerated above is
being committed must be present.
B. The conduct giving rise to the offense is ongoing.
C. The offense must be upon actual view and not from information received.
D. The conduct involved imperils the personal security of any person,
including the accused, or endangers public or private property.
3. Officers are expected to use discretion in these situations, and
when feasible, giving due regard to the factors listed above, a citation
shall be issued or filed against the accused in lieu of a custodial
arrest.
4. When an arrest is necessary and appropriate, the officer shall make
a custodial arrest and process the accused.
A. The accused may be issued a citation and released from custody when
the following conditions have been met:
(1)
The accused is a resident of the Commonwealth of Pennsylvania.
(2)
The accused poses no threat of immediate physical harm to any
person or to himself or herself.
(3)
The arresting officer has reasonable grounds to believe that
the accused will appear as required.
(4)
The accused does not demand to be taken before an issuing authority.
B. When the accused is not released from custody as outlined above,
the accused shall be taken without necessary delay before the issuing
authority.
(1)
In such a situation, the citation shall be filed before the
issuing authority.
(2)
Under the Pennsylvania Rules of Criminal Procedure, the issuing
authority shall:
(a)
Conduct an immediate trial, unless the commonwealth is not ready
to proceed or the accused requests a postponement.
(b)
Give the accused an opportunity to deposit collateral for a
future appearance for a trial.
5. The powers of arrest granted by the policy and procedures herein
are in addition to any other powers of arrest granted by law.
6. Notwithstanding any other provision, the policy and procedures listed
above shall not be effective until such time as the Borough Council
adopts an ordinance or resolution authorizing such arrests.