A.
Eligibility for examinations.
(1)
At the time of application, all applicants for a promotional position,
presently the position of Sergeant, except Chief of Police, shall
not have been suspended without pay for more than five days in the
three years prior to the deadline for submitting a letter of intent
for the promotional position of Sergeant. 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 for promotion, except for Chief of Police, shall have
had prior service with the Oakmont Borough Police Department as follows:
(a)
An applicant for the position of Sergeant shall have a minimum
of five years of services as a full-time police officer, with three
of those years of service being with the Borough of Oakmont Police
Department.
[Amended 3-15-2021 by Ord. No. O3-2021]
(b)
The Council shall have the power to determine in each instance
whether an increase in salary shall constitute a promotion.
B.
Discrimination. The Borough of Oakmont is an equal opportunity employer.
It is the Borough Council'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 Borough Council and the Commission will provide equal opportunities
in promotions to ranking positions.
C.
Notification.
(1)
For promotions, (position of Sergeant), at least two weeks prior
to the close of the application period, publication 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 Borough office. At the discretion
of the Civil Service Commission, the Commission may receive documentation
from the Borough 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 Borough Manager or other individuals
designated by the Commission.
(2)
The Borough 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.
(3)
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.
D.
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 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 Commission 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 duties of the position
of which the candidate seeks employment;
(3)
Illegally using a controlled substance, as defined in Section
102 of the Controlled Substance Act (Public Law 91-513, 21 U.S.C.
§ 802);
(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 or subversive
to the forms of government set forth in the constitution and laws
of the United States and the Commonwealth of Pennsylvania.
E.
Hearing for disqualified applicants.
(1)
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
Commission, within 10 days of receiving written notice of what is
perceived as the alleged error. Within 10 days after such request,
the Commission 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 Commission shall take testimony and review its refusal
to provide examination or certification.
(2)
The deliberations of the Commission, including interim rulings
on evidentiary or procedural issues, may be held in the nature of
a closed executive session. The Commission's disposition of the matter
shall constitute official action which shall occur at a public meeting
held pursuant to 65 Pa.C.S.A. Ch. 7 (relating to open meetings). The
decision of the Commission shall be final.
A.
General examination requirements. The examination for the promotional
position of Sergeant shall include a written examination and an oral
examination, which will be graded on a one-hundred-point scale with
the written examination representing 60% of the final score, the oral
examination representing 40% of the final score.
B.
Written examination. The written examination shall be graded on a
one-hundred-point scale. An applicant must score at least 75% to be
eligible for the oral exam and continue in the promotional process.
Applicants who score less than 75% shall be disqualified. Within 30
days after the administration of the written examination, all applicants
shall be given written notice of their examination results.
C.
Oral examination.
(1)
Every applicant who has satisfied all of the written examination requirements provided in § A208-21B, above, shall be given an oral examination. An applicant must score at least 75% to qualify and continue in the application process. Any applicant who scores less than 75% will be disqualified.
(2)
The oral examination shall involve questioning applicants on
police-oriented issues commensurate with the duties of the position
applied. In addition, the oral examination board shall be composed
of three members with at least one panelist being a professional person
with experience in law enforcement who is holding or has held a position
of at least one rank above the position being filled, but is not a
member of the Oakmont Police Department. Within 30 days after the
administration of the oral exam, the successful applicants shall be
informed of the score in their oral examination and total overall
score.
A.
Creation of eligibility list.
(2)
While veteran's preference is applicable for an entry level
full-time police officer appointment, it does not apply for promotions.
(3)
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.
B.
Duration of eligibility list. The eligibility lists for the position
of Sergeant will be valid for a period of one year from the date the
Commission formally adopts the eligibility list. Prior to expiration
of the one-year period, the Commission may extend the validity of
the eligibility list for up to an additional 12 months by a majority
vote of the Commission, at a duly authorized Commission meeting. In
the absence of a lawful extension by the Commission, the list shall
expire.
C.
Appointment procedure.
(1)
For the ranking position of Sergeant, except that of Chief of
Police, shall be filled only in the following manner:
(a)
The Borough Council shall notify the Commission of any vacancy
which is to be filled and shall request the certification of three
names from the eligibility list;
(b)
If three names are not available, then the Commission shall
certify the name(s) remaining on the list;
(c)
The Borough Council shall make an appointment from one of the
three names certified with sole reference to the merits and fitness
of the candidates.
(2)
The Borough Council may object to one or more the persons certified for the reasons set forth in § A208-17I of these rules and regulations. If the candidate to whom the Board of Commissioners objects fails to timely exercise the rights of appeal under § A208-20E or if the Commission declines to uphold the appeal, the Commission shall strike the name of that candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.
D.
Probationary period.
(1)
Every successful applicant for the position of Sergeant 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.
(2)
A full-time police officer promoted to a ranking position, during probation, may be returned to the position from which they were promoted, for cause for the reasons set forth in § A208-20D of these rules and regulations, or because of incapacity for duty due to alcohol or drugs.
(3)
In addition, a probationary Sergeant may be returned to his/her
previous position, if the probationary Sergeant does not meet the
requirement expectations of the position and documentation is accurately
noted.
(4)
The Chief of Police shall submit a final probationary report,
not less than 10 days or more than 15 calendar days before the next
regular meeting of the Borough Council immediately preceding the end
of the probationary period. Each report shall be submitted in writing
to the Borough Council. Within five calendar days after receiving
a probationary report from the Chief of Police, if the conduct of
the probationer has not been satisfactory to the Borough Council,
the probationer shall be notified in writing by the Borough Council
that the appointment will not be permanent and the promoted probationary
police officer will be returned to the previous position held, for
the Borough.
(5)
Any probationer who is notified in writing by the Borough Council,
prior to completion of the 12th month probation period, that his/her
appointment will not be made permanent, has no rights of appeal under
these rules and regulations.
(6)
The Borough Manager shall notify the Commission, in writing,
of its decision to retain or remove the probationer of such decision
within five calendar days and in no event beyond the last day of the
probationary period.
(7)
At the end of the twelve-month probationary period, if the probationer
is not notified in accordance with this section, a promoted ranking
police officer shall receive permanent status in his/her respective
promotional position.
A.
Appointment of Chief of Police; Civil Service appointment. In the case of a vacancy in the Office of Chief of Police, the Borough Council has full discretion in selecting the individual to fill the position of Chief of Police. If the Borough Council requests the Commission to subject that person to a noncompetitive examination, and if that person shall be certified by the Commission as qualified, as a result of that noncompetitive examination, that person may then be appointed to the position of Chief of Police and thereafter shall only be removed from the position of Chief of Police for the reasons set forth in § A208-24.
