Borough of Elizabethtown, PA POLICE DEPARTMENT

Editor's Note: See 8 Pa.C.S.A. § 1174.

[2]

Editor's Note: See 8 Pa.C.S.A. § 1174.

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.

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]

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.

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.

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.

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.

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.

Minutes and Records.

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.

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.

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.

Subpoenas.

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.

All officers in public service and employees of the Borough shall attend and testify when required to do so by the Commission.

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.

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.

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.

§ 313 Applications and Qualifications.

[Ord. 899, 11/20/2008]

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]

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.

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.

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.

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.

General Qualifications: Applicants for Corporal and Lieutenant.

[Amended by Ord. No. 992, 5/16/2019]

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.

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.

All applicants shall have continuous prior service with the Police Department of Elizabethtown Borough as follows:

An applicant for the position of corporal shall have at least three years of continuous service with the Department.

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.

All applicants for promotions shall be capable of performing all of the essential job functions for that rank as outlined in the official manual.

Eligible candidates may not be serving a probationary period at time of application.

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]

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.

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]

Editor's Note: See 8 Pa.C.S.A. § 1183(b).

10.

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.

§ 314 Examination and Grading Procedure.

[Ord. 899, 11/20/2008]

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]

General Examination Requirements for the Position of Corporal and Sergeant.

[Amended by Ord. No. 992, 5/16/2019]

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.

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.

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.

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]

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.

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]

Background Investigation.

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.

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.

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.

§ 315 Certification of the List of Eligibles and Appointment.

[Ord. 899, 11/20/2008]

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.

Creation of Eligibility List.

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.

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.

Appointment.

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:

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.

If three names are not available, then the Commission may certify the name(s) remaining on the list.

(3)

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.

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.

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.

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.

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]

Editor's Note: See 8 Pa.C.S.A. § 1189.

Probationary Period.

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).

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.

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.

§ 316 Suspensions, Removals and Reductions in Rank.

[Ord. 899, 11/20/2008]

Grounds for Disciplinary Action.

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:

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.

Neglect or violation of any official duty.

(3)

Violation of any law which provides that such violation constitutes a misdemeanor or felony.

(4)

Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming an officer.

(5)

Intoxication while on duty.

(6)

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]

(7)

Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in Section 1104(f)[1] (relating to appointments and incompatible offices).

[Added by Ord. No. 992, 5/16/2019]

Editor's Note: See 8 Pa.C.S.A. § 1104(f).

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.

Furloughs.

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: