[Res. 6/15/1954, 6/15/1954; as amended by Ord. 376, 8/19/1958;
by Ord. 558, 12/19/1972; by Ord. 829, 11/15/2001]
There shall be established in the Borough of Elizabethtown a
Department of Police which shall consist of sufficient members to
maintain law and order within the Borough limits, as affixed from
time to time by resolution of the Borough Council.
[Res. 6/15/1954, 6/15/1954]
The members of said police force shall have such powers and
duties as are set forth in the Borough Code and in other applicable
Acts of Assembly.
[Res. 6/15/1954, 6/15/1954]
Immediately upon and after appointments shall be made by the
Borough Council, which shall bring the total number of full-time policemen
to three, there shall be created in conformity with the Act of Assembly,
a Civil Service Commission, as provided by law.
[Ord. 600, 12/3/1977, §§ 1-3; as amended by
Ord. 829, 11/15/2001]
1.Â
The Borough Council of the Borough of Elizabethtown hereby declares
its intent to create and hereby creates the position of part time
police officer.
2.Â
Part time police officers shall be appointed by and shall receive
as compensation for their services the pay established for the position
from time to time by the police collective bargaining agreement.
3.Â
Part time police while on active duty shall have the same powers
as and the same duties as full time police officers of the Borough
of Elizabethtown.
[Ord. 899, 11/20/2008]
1.Â
APPLICANT
APPOINTING AUTHORITY
BOROUGH COUNCIL
BOROUGH MANAGER
BOROUGH SECRETARY
CERTIFICATION
CHAIRPERSON
COMMISSION
ELIGIBLE
ELIGIBLE LIST
EXAMINATION
FURLOUGH LIST
POLICE OFFICER
PROBATIONER
REDUCTION IN RANK
REMOVAL
SECRETARY
SUSPENSION
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:
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.
The Borough Council of the Borough of Elizabethtown, Lancaster
County, Pennsylvania.
The Borough Council of the Borough of Elizabethtown, Pennsylvania.
The Borough Manager of the Borough of Elizabethtown, Pennsylvania.
The Secretary of the Borough of Elizabethtown, Pennsylvania.
The submission to the appointing authority pursuant to its
request of three names taken from the eligible list developed by the
Civil Service Commission. The Civil Service Commission may derive
the eligible list either from applications made directly to the Borough
or from the Lancaster County Chiefs of Police Association joint hiring
process.
The Chairperson of the Civil Service Commission of the Borough
of Elizabethtown, Pennsylvania.
The Civil Service Commission of the Borough of Elizabethtown,
Pennsylvania.
A person whose name is recorded on a current eligible list
or furlough list, however derived.
The list of names of persons who have passed all examinations
for a particular position in the Police Department, whether administered
directly by the Civil Service Commission, its designee or by the Lancaster
County Chiefs of Police Association through its joint hiring process.
The series of tests given to candidates to determine their
qualifications for a position in the Police Department, whether administered
directly by the Civil Service Commission, its designee or by the Lancaster
County Chiefs of Police Association through its joint hiring process.
The list containing the names of persons temporarily laid
off from positions in the Police Department because of a reduction
in the number of officers.
For purposes of these rules and regulations, an entry-level,
sworn, full-time position in the Police Department.
An officer in the Police Department who has been appointed
from an eligible list but who has not yet completed the work test
period.
A change to a different position or rank which results in
a decrease in salary and/or position 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.
The permanent separation of a police officer from the Police
Department.
The Secretary of the Civil Service Commission of the Borough
of Elizabethtown, Pennsylvania.
The temporary separation, with or without pay, of a police
officer from the Police Department (does not apply to layoffs or furloughs).
2.Â
Gender. The words "he," "his," "him" and "men," when used in these
rules and regulations, represent both the masculine and the feminine
genders.
[Ord. 899, 11/20/2008]
1.Â
Civil Service Commission.
A.Â
The Commission shall consist of three Commissioners who shall be
residents of the Borough and shall be appointed by the Borough Council
initially to serve for the terms of two, four and six years, and as
terms thereafter expire shall be appointed for terms of six years.
B.Â
Any vacancy occurring in the Commission for any reason whatsoever
shall be filled by the Borough Council for the unexpired term within
the period of 30 days after such vacancy occurs.
C.Â
Each member of the Commission, before entering upon the discharge
of the duties of his/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/her official duties with fidelity.
No Civil Service Commissioner shall receive compensation.
D.Â
Council may appoint no more than three qualified electors of the
Borough to serve as alternate members of the Commission. The term
of office of the alternate members shall be six years. If seated under
Section 461174[1] (relating to organization of Commission), an alternate
shall be entitled to participate in all proceedings and discussions
of the Commission to the same and full extent as provided by law for
Commission members, including specifically the right to cast a vote
as a voting member during the proceedings, and shall have all the
powers and duties specified in this Part and as otherwise provided
by law. An alternate member may not hold another office in the Borough.
An alternate may participate in any proceeding or discussion of the
Commission but may not vote as a member of the Commission unless designated
as a voting alternate member under Section 461174.[2]
[Added by Ord. No. 992, 5/16/2019]
2.Â
Offices Incompatible with Civil Service 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 Council of the Borough. One
Commissioner may be a member of the teaching profession.
3.Â
Organization of Commission; Quorum. The Commission first appointed
shall organize within 10 days of its appointment and shall elect one
of its members as its Chairperson and one as the Secretary. The Commission
shall thereafter meet and organize on the first Monday of January
of each even-numbered year. Two members of the Commission shall constitute
a quorum, and no action of the Commission shall be valid unless it
shall have the concurrence of at least two members.
[Amended by Ord. 967, 12/18/2014]
4.Â
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
any duties required by law or these rules and regulations.
5.Â
Duties of the Secretary. The Secretary or his or her designee (attorney,
etc.) shall carry on, at the direction of the Commission, all official
correspondence of the Commission, send out all notices required by
law and these rules and regulations, keep 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.
6.Â
Meetings. Except for the biennial organization meeting, 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 meetings shall be open to the public when not
specifically regulated by law or these rules and regulations. The
Secretary of the Commission shall give each Commissioner 24 hours'
notice, in writing, of each and every meeting of the Commission.
7.Â
Clerks and Supplies. The Borough Council shall furnish the Commission
with such supplies and clerical assistance as may be necessary for
the Commission to fulfill its duties. In addition, the Commission
may retain counsel, and any other consultants or experts, including
physicians and psychiatrists, as are necessary. The elected and appointed
officials of the Borough shall assist the Commission with all reasonable
and appropriate efforts, including compensation for any counsel or
experts retained by the Commission.
8.Â
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 at any properly convened meeting of
the Commission. Before any changes to these rules and regulations
become effective, those changes must be approved by the Borough Council.
These rules and regulations, and any amendments thereto, shall be
made available to the public for distribution or inspection.
9.Â
Minutes and Records.
A.Â
The Commission 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 Government Records Committee under the authority of 53
Pa.C.S.A. § 1381 et seq.
B.Â
Any and all records related to recommendations of applicants for
appointment filed with the Commission shall be open to public inspection,
subject to reasonable regulation. The Secretary shall keep minutes
of its proceedings, showing the vote of each member upon each question.
If the member is absent or fails to vote, the Secretary shall indicate
that fact in the minutes. Records relating to disciplinary actions
shall be open to the public unless sealed in accordance with these
regulations.
10.Â
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.
11.Â
Subpoenas.
A.Â
The Commission shall have the power to issue subpoenas over the signature
of the Chairperson, or his/her designee, to require the attendance
of witnesses and the production of records and papers at any hearing.
The fees of such witnesses for attendance and travel shall be the
same as for witnesses appearing in the Court of Common Pleas of Lancaster
County and shall be paid from appropriations for the incidental expense
of the Commission.
B.Â
All officers in public service and employees of the Borough shall
attend and testify when required to do so by the Commission.
C.Â
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, upon conviction of such refusal or neglect, that
person shall be sentenced to pay a fine not to exceed $600 plus costs
and, in default of the payment of such fine and cost, shall be imprisoned
not to exceed 30 days.
D.Â
If any person shall refuse or neglect to obey any subpoena, the Commission
may apply by petition to the Court of Common Pleas of Lancaster County
for its subpoena, requiring the attendance of such persons before
the Commission or the court to testify and to produce any records
and papers necessary, and in default thereof shall be held in contempt
of court.
12.Â
Annual Report. The Commission shall make an annual report to the
Borough Council, containing a brief summary of its work during the
year and a full accounting for any expenditures of public monies.
The annual report shall be available for public inspection.
[Ord. 899, 11/20/2008]
1.Â
Eligibility for Examination. In order to be eligible for participation
in any examination for any position with the Police Department, every
applicant must submit a completed application form either to the Borough
Police Department if the Commission elects to administer the test
itself or, alternatively, to the Commission or to the Lancaster County
Chiefs of Police Association through its joint hiring process which
the Commission is also authorized to use as part of its testing procedure
before the deadline stated by the Commission for that specific examination.
The application form is incorporated into these rules and regulations
by reference and is available from the Borough. The alternative application
and testing procedure administered by the Lancaster County Chiefs
of Police Association through its joint hiring process, as amended,
is available from the Borough and from the Lancaster County Chiefs
of Police Association and is incorporated by reference. The applicant
must make an oath or affirmation that the application is completed
truthfully, and the applicant is subject to the penalties of 18 Pa.C.S.A.
§ 4904 relating to unsworn falsification to authorities.
[Amended by Ord. No. 992, 5/16/2019]
2.Â
Discrimination. The Borough is an equal opportunity employer. It
is the Borough'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 and the Commission will provide equal opportunities in employment
and promotion.
3.Â
Availability. Application forms shall be available to all interested
persons from the Borough Police Department and from such other offices
and officers that the Commission, from time to time, may choose to
designate, including the Lancaster County Chiefs of Police Association
through its joint hiring process.
4.Â
Age and Residency Requirements. All applicants must have reached
their 21st birthday before the deadline for submitting completed applications.
An applicant need not be a resident of the Borough. The Council of
the Borough may authorize the Commission, by rule or regulation, to
require officers to comply with existing and future residency requirements
after appointment to such position.
5.Â
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. In addition, every
applicant must be a United States citizen, be physically and mentally
fit to perform all of the essential job functions of a police officer
and, prior to appointment, possess a valid motor vehicle operator's
license issued by the Commonwealth of Pennsylvania. The Civil Service
Commission may authorize consideration of applicants for the position
of police officer who have not completed all police training required
by 53 Pa.C.S.A. §§ 2161 to 2164. However, in accordance
with said Act, no police officer who may be hired shall be eligible
to receive any salary, compensation or other consideration for the
performance of duties as a police officer, nor shall any police officer
engage in the enforcement of criminal laws or the enforcement of moving
traffic violations or be authorized to carry a firearm until such
person has met all requirements required by the Commission and has
been certified by the Commission to act in the position as a police
officer.
6.Â
General Qualifications: Applicants for Corporal and Lieutenant.
[Amended by Ord. No. 992, 5/16/2019]
A.Â
In addition to meeting the qualifications in Subsection 5, above, all applicants for a promotional position, except Chief, shall have not received a formal written reprimand for one year prior to the deadline for submitting applications and shall not have been suspended at any time two years prior too the deadline for submitting applications. Any formal written reprimand or suspension to which the applicant has timely appealed pursuant to a grievance procedure or these rules and regulations shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.
B.Â
The Civil Service Commission shall post in a conspicuous place in
the Police Department a notice for promotional exams. All qualified
officers shall notify the Commission within 30 days of the posted
notice of their intent to take the examination posted. Notification
shall be in writing and addressed to the Commission.
C.Â
All applicants shall have continuous prior service with the Police
Department of Elizabethtown Borough as follows:
(1)Â
An applicant for the position of corporal shall have at least three
years of continuous service with the Department.
(2)Â
An applicant for the position of Lieutenant shall have at least seven
years of continuous experience with the Police Department and have
attained and held the rank of corporal or detective for a period of
at least one year.
D.Â
All applicants for promotions shall be capable of performing all
of the essential job functions for that rank as outlined in the official
manual.
E.Â
Eligible candidates may not be serving a probationary period at time
of application.
7.Â
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 physically or mentally unfit to perform the full duties of
the position applied for, is illegally using a controlled substance,
as defined in section 102 of the Controlled Substances Act (Public
Law 91-513, 21 U.S.C. § 802), or who 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 who is affiliated with any group whose
policies or activities are subversive to the forms of government set
forth in the constitutions and laws of the United States and the Commonwealth
of Pennsylvania.
[Amended by Ord. No. 992, 5/16/2019]
8.Â
Recording and Filing of Applications. Applications for positions
in the Police Department shall be received at the Borough building
only after the position(s) have 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 Borough
officer designated in the public advertisement or that officer'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, the written examination. Any application
containing material errors or omissions may, at the discretion of
the Commission, be returned to the applicant for correction prior
to the deadline for filing applications, after which no new applications
or amended applications will be accepted. All applications must be
returned in person or, if mailed, postmarked by the established closing
date. Applications filed late will not be accepted.
9.Â
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 Commission. Within 10 days after such request,
the Commission shall designate a time and place for the hearing. The
applicant or aggrieved party may appear personally or by counsel and
may present testimony and evidence. The applicant or aggrieved party
must make his/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. Hearings shall be held in accordance
with the requirements of the civil service provisions of the Borough
Code, 8 Pa.C.S.A. § 461183(b), as amended.[1]
[Amended by Ord. No. 992, 5/16/2019]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1183(b).
10.Â
Public Notice. The Commission shall conspicuously post in the Borough
building notice of 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.
In addition, at least two weeks prior to each examination, publication
of the notice shall occur in at least one newspaper of general circulation
and/or a newspaper circulating generally in the Borough.
[Ord. 899, 11/20/2008]
1.Â
General Examination Requirements for Position of Police Officer.
The examination for police officer will consist of a written and an
oral examination which will be graded on a 100-point scale, with the
written examination representing 40% of the final score and the oral
examination representing 60% of the final score. In addition, each
candidate will undergo a content-based task test and a background
investigation. These tests and investigation will be graded on a pass/fail
basis for each applicant. After an applicant has been extended an
offer of employment, final appointment shall be contingent upon the
applicant passing a physical and psychological examination. The written
examination may also be administered by the Lancaster County Chiefs
of Police Association through its joint hiring process.
[Amended by Ord. No. 992, 5/16/2019]
2.Â
General Examination Requirements for the Position of Corporal and
Sergeant.
[Amended by Ord. No. 992, 5/16/2019]
A.Â
The examination for the positions of Corporal and Lieutenant shall
include a written and an oral examination which will be graded on
a 100-point scale, with the written examination representing 40% of
the final score and the oral examination representing 60% of the final
score.
3.Â
Notice of Examination. The Commission may appoint a written examination
administrator, an oral examination administrator, a content-based
task examiner, a medical examiner, a polygraphist and a psychological
examiner to conduct the appropriate examination required by these
rules and regulations. The administrator of the written and the physical
exams may be, but is not limited to, a member of the Lancaster County
Chiefs of Police Association.
4.Â
Written Examinations. The written examination shall be graded on
a one-hundred-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 by the Commission or its designee.
Within 45 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. If the written test is administered by the Lancaster
County Chiefs of Police Association through its joint hiring process,
then the top 12 applicants shall be scheduled for an oral examination
appointment with the Commission or its designee. If the Commission
determines that additional oral examinations beyond the top 12 applicants
are required, it will schedule them.
5.Â
Oral Examinations. If the Commission administers the written test,
then every applicant who scored 70% or higher in the written examination
shall be given an oral examination, which will be graded on a 100-point
scale, with a score of 70% or higher necessary for passing. Alternatively,
if the written test is administered by the Lancaster County Chiefs
of Police Association through its joint hiring process, then the top
12 applicants shall be scheduled for an oral examination appointment
with the Commission or its designee. If the Commission determines
that additional oral examinations beyond the top 12 applicants are
required, it will schedule them. The oral examination shall involve
questioning applicants on how they would handle situations relevant
to police work. Within 45 days after the applicants' oral examination,
they shall be informed of the score in their oral examination and
total overall score, and each passing applicant shall be informed
of the date for the content-based task test. If the applicant has
been part of the Lancaster County Chiefs of Police Association joint
hiring process, then the physical fitness or agility examination will
have been completed prior to the oral examination.
[Amended by Ord. No. 992, 5/16/2019]
6.Â
Veterans' Preference Points. Pursuant to the Veterans' Preference Act, any applicant for the position of police officer who qualifies as a soldier under this Act shall receive an additional 10 points on top of his/her total score if that applicant had received passing scores under Subsections 1, 4 and 5, above. Veterans' preference points do not apply to promotional examinations.
7.Â
Physical Agility Test. Either before or after the written examination,
a candidate must submit to a physical fitness or agility examination
that is job-related and consistent with business necessity, which
will be graded on a pass/fail basis for every applicant. The physical
agility test may be administered by either the Commission or the Lancaster
County Chiefs of Police Association joint hiring process.
[Amended by Ord. No. 992, 5/16/2019]
8.Â
Background Investigation.
A.Â
The Commission shall request the Chief of Police or the Chief's designee
to conduct a background investigation on the top applicants for the
open position. If more than one police officer position is being offered,
background checks will be performed on the quantity of candidates
as decided on and directed by the Commission. If the Commission determines
that additional background investigations beyond the top applicants
are required, it will schedule them. The background investigation
shall include interviews with the candidate's family, acquaintances,
current and former employers, current and former neighbors, references
and current and former teachers and school officials. In addition,
the candidate's credit history and record of criminal convictions
should be investigated, and the candidate will be administered a polygraph
examination by a certified polygraphist. The candidate may be interviewed
directly when the information collected during the background investigation
requires clarification or explanation.
B.Â
After the background investigation is completed, the Chief or his/her
designee shall make a written recommendation to the Commission on
whether the candidate is appropriate for consideration for appointment
as a police officer.
C.Â
Appropriateness of the candidate shall be based on the criteria set forth in § 313, Subsection 7, of these rules and regulations. This recommendation shall be in writing; and if the recommendation is to disqualify, then a detailed written explanation of the reasons for disqualification must be included. The Commission shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate.
[Ord. 899, 11/20/2008]
1.Â
Within 60 days after the Commission considers the recommendation
of the Chief of Police or his/her designee, each candidate will be
informed of whether he/she has passed the background investigation.
A.Â
Creation of Eligibility List.
(1)Â
At the completion of the examination requirements set forth in § 314,
written examination, oral examination and background investigation,
the Commission shall rank all passing candidates on a list, with the
candidate receiving the highest score at the top of the list and the
candidate receiving the lowest passing score at the bottom of the
list. Candidates who qualify for veterans preference points shall
have those points added to his/her passing score prior to being ranked
on the eligibility list but after the completion of the examination
requirements, set forth in § 314, written examination, oral
examination (but before the background investigation). For promotional
positions, fulfilling the performance requirement set forth in § 313,
Subsection G, is also required. In the case of tied scores, the tie
will be broken by giving preference to the candidate who submitted
a final completed application first. If both tied candidates submitted
his/her complete applications on the same day, then the candidates
shall be ranked in alphabetical order by surname.
(2)Â
The eligibility list should be valid for one year from the date the
Commission ranks all passing candidates, assigns veterans' preference
points and formally adopts the eligibility list. The Commission may,
at its sole discretion, by a vote of the majority of the Commission
at a duly authorized Commission meeting, extend the list for an additional
year. The Commission may, at its sole discretion, void an eligibility
list at any time for any reason.
2.Â
Appointment.
A.Â
If no furlough list exists or if positions remain to be filled after
all of the officers on the furlough list were offered re-employment,
every position, except that of Chief of Police, shall be filled only
in the following manner:
(1)Â
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 list of eligibles.
(2)Â
If three names are not available, then the Commission may certify
the name(s) remaining on the list.
(3)Â
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. However (for initial appointment to the position of
police officer), when one of the three candidates on the certified
list is a veteran, that candidate shall be selected.
B.Â
The Borough Council may fill any vacancy in an existing position
in the Police Department which occurs as a result of retirement, resignation,
disability or death by the reappointment or reinstatement of a former
employee of the Police Department who had been furloughed. Except
for physical and psychological examinations, no other testing shall
be required for a furloughed employee or a rehired or reappointed
employee.
C.Â
The Borough Council may object to one or more of the persons certified
for the reasons set forth in § 313, Subsection 7, of these
rules and regulations. If the candidate to whom the Borough Council
objects fails to timely exercise the rights of appeal under § 313,
Subsection 9, 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 of inclusion on the list of
three candidates for each name stricken off.
3.Â
Appointment of Chief of Police. In the case of a vacancy in the office
of Chief of Police or equivalent official, the appointing authority
has full discretion in selecting the individual to fill such position.
If the appointing authority requests the Commission to subject that
person to a noncompetitive examination, and if that person successfully
passes the noncompetitive examination, then the Commission shall notify
the appointing authority of the results of the examination and that
person may only be removed from the position of Chief of Police for
the reasons set forth in § 316, Subsection L.
4.Â
Physical and Psychological Examinations. After the Borough Council
selects a candidate from the certified list of three for appointment
to the vacant position, such candidate shall be offered the position;
however, that offer shall be conditional and subject to a physical
examination and a psychological examination by the appropriate medical
expert consistent with the requirements of Section 461189 of the Borough
Code,[1] which are incorporated by reference as if fully set forth
herein. If the candidate successfully passes the physical and psychological
examinations, then that employee shall be appointed to the vacant
position in the Police Department for which the application was submitted.
Failure to pass either examination shall result in the candidate being
rejected for appointment. The rejected candidate may appeal this decision
under § 313, Subsection 9.
[Amended by Ord. No. 992, 5/16/2019]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1189.
5.Â
Probationary Period.
A.Â
Every successful candidate to the position of police officer or to
a promotional position with the Police Department shall serve a twelve-month
probationary period (for newly hired police officers, the one-year
probationary period shall not commence until after the officer has
completed training under 53 Pa.C.S.A. §§ 2161 to 2164).
B.Â
During the probationary period, a newly hired officer may only be
dismissed for the reasons set forth in § 313, Subsection
7. A promoted officer, during probation, may be returned to a prior
rank only for cause for the reasons set forth in § 313,
Subsection 7.
C.Â
However, at the end of the twelve-month probationary period, if the
conduct of the probationer has not been satisfactory to the Borough
Council, the probationer shall be notified, in writing, that the appointment
will not be permanent. At that time, a newly hired officer's employment
shall end, and a promoted officer shall return to a previous rank.
Any officer who is not informed in writing that his/her performance
has been unsatisfactory prior to the end of his probationary period
shall receive a permanent appointment to the new position. Any probationer
who is notified in writing that his appointment will not be made permanent
has no right of appeal under these rules.
[Ord. 899, 11/20/2008]
1.Â
Grounds for Disciplinary Action.
A.Â
No person appointed to a position in the Police Department pursuant
to these rules and regulations may be suspended without pay or removed,
and no person promoted in rank pursuant to these rules and regulations
may be reduced in rank, except for the following reasons:
(1)Â
Physical or mental disability affecting the officer's ability to
continue in service, in which case the officer shall receive an honorable
discharge from service.
(2)Â
Neglect or violation of any official duty.
(3)Â
Violation of any law which provides that such violation constitutes
a misdemeanor or felony.
(4)Â
Inefficiency, neglect, intemperance, immorality, disobedience of
orders or conduct unbecoming an officer.
(5)Â
Intoxication while on duty.
(6)Â
Engaging or participating in the conduct of a political or election
campaign while on duty or in uniform or while using Borough property
otherwise than to exercise the person's own right of suffrage.
[Amended by Ord. No. 992, 5/16/2019]
B.Â
No officer shall be removed for religious, racial or political reasons.
A statement of any charges made against any officer so employed shall
be furnished to the officer within five days after those charges have
been adopted by the Borough Council.
2.Â
Furloughs.
A.Â
If, for reasons of economy or other reasons, it shall be deemed necessary
by the Borough to reduce the number of full-time police officers in
the Department, then the Borough shall apply the following procedure:
(1)Â
If the number of full-time police officers eligible for retirement
is insufficient to effect the necessary reductions in numbers, or
if there are no persons eligible for retirement, or if no retirement
or pension fund exists, then the reductions shall be effected by furloughing
the person or persons, including probationers, last appointed to the
respective force.
B.Â
Such removal shall be accomplished by furloughing in numerical order
commencing with the person last appointed until such reduction shall
have been accomplished. In the event that the appointing authority
decides to increase the Police Department, the furloughed officers
shall be reinstated in order of their seniority in the Department
if the furloughed officer accepts reinstatement in writing within
30 days of receiving notice of the opening. These reductions-in-force
provisions are not applicable to the Chief of Police.
3.Â
Notice of Suspension, Removal or Reduction in Rank.
A.Â
Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Borough 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 those charges. The charges shall specify the subsection of Subsection 1, above which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority relied in finding a violation of Subsection 1, above.
B.Â
Within five days after the Borough Council has voted to impose the
disciplinary action, a written statement of the charges shall be delivered
to the officer, either by personal service or by certified and registered
mail. In addition, the charges shall notify the officer of the right
to appeal under Subsection, 4, below of these rules and regulations.
A copy of the statement of charges shall also be served upon the members
of the Civil Service Commission.
4.Â
Hearings on Suspensions, Removals and Reductions in Rank.
A.Â
The officer who has been suspended, removed or reduced in rank may
appeal the decision of the Borough Council by written notice to the
Secretary of the Commission at 600 S. Hanover Street, Elizabethtown,
Pennsylvania, 17022, requesting a hearing. This request shall be received
by the Commission within 10 days after the officer received notice
of the discipline. The officer may make written answers to any charges
filed not later than the date fixed for the hearing. Failure of the
officer to provide written answers to any of the charges shall not
be deemed an admission by the officer.
B.Â
The Commission shall schedule a hearing within 10 days from the officer's
written request for a hearing, unless continued by the Commission
for cause at the request of the Commission, the Borough Council, or
the officer. At any such hearing, the officer against whom the charges
have been made may be present and maybe represented by counsel and
may call witnesses and present testimony and documentation in defense.
The Borough may also be represented by counsel, call witnesses and
present evidence as is necessary to support the charges. A stenographic
record of all testimony shall be taken at every hearing and preserved
by the Commission. In the event the charges are dismissed, the record
shall be sealed and shall not be available for public inspection.
C.Â
In conducting the hearing, the Commission's standard of review shall
be to determine whether sufficient evidence has been presented to
support the statutory reason for the disciplinary action. If the Commission
finds that sufficient evidence has been introduced to support the
charge, the Commission shall not modify the penalty imposed by the
Borough Council unless it finds that the penalty imposed was arbitrary,
discriminatory or an abuse of the Council's discretion. In considering
the appropriateness of the discipline, the Commission shall not substitute
its judgment for that of the Borough Council. The Commission may request
posthearing briefs and shall issue a written decision containing specific
findings of fact and conclusions of law within 60 days of receipt
of the hearing transcript and any briefs.
5.Â
Hearing Procedure.
A.Â
All testimony shall be given under oath administered by the Chairperson
or in the absence of the Chair, the Vice Chairperson. The Commission
shall have the power to issue subpoenas as set forth in § 312,
Subsection 11. The hearing shall be open to the public unless, prior
to the commencement of the hearing, a written or oral request to close
the hearing is made by either the charged officer or the Borough.
A stenographic record of all testimony taken at said hearings shall
be filed with and preserved by the Commission, which record shall
be sealed and not be available for public inspection in the event
the charges are dismissed.
B.Â
If the Commission 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 by the Commission
for a period longer than one year. In the event that the Commission
fails to uphold the charges, then the person sought to be suspended,
removed or demoted shall be reinstated with full pay for the period
of the suspension, removal or demotion, and no charges related to
the suspension, removal or reduction in rank shall be officially recorded
in the officer's record.[2]
[2]
Editor's Note: Former § 317, Forms (Ord. 899, 11/20/2008),
which immediately followed this section, was repealed by Ord. No.
992, 5/16/2019.