[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.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
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,"[2] or the Act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act";[3] 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."[4]
[2]
Editor's Note: See 63 P.S. § 422.1 et seq.
[3]
Editor's Note: See 63 P.S. § 271.1 et seq.
[4]
Editor's Note: See 63 P.S. § 211 et seq.
[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.