When a vacancy is to be filled in the Police Department, the municipal governing body shall submit a written request to the Commission for certification of eligibles. In making the request, the title of the position to be filled shall be specified.
Upon receipt of a request from the municipal governing body, the Commission shall first certify the names of those eligible who were furloughed because of a reduction in force. In filling a vacancy from the furlough list, the Commission shall certify the top name only. If more than one vacancy is to be filled, the Commission shall certify from the top of the list a number of names equal to the number of vacancies to be filled. No examination, other than a physical examination as directed by the Civil Service Commission, shall be required in any case of reappointment or reinstatement.
If no furlough list exists or if the total number of vacancies cannot be filled from the available names on the furlough list, the Commission shall certify for each vacancy from the eligibility list the names of three persons, or a lesser number where three are not available, who have received the highest average. The municipal governing body shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless Borough Council makes objection to the Commission regarding one or more of the certified persons for any of the reasons stated in § 17-24. Should the objections be sustained by the Commission, or if the conditional appointee is determined to be unqualified in accordance with the procedures set forth in § 17-26, the Commission shall strike the name of the person from the eligibility list and certify the next-highest name for each name stricken from the eligibility list. As each subsequent vacancy occurs in the same or another position, precisely the same procedure shall be followed. The number of available eligibles certified from the eligible list shall exceed by two for each vacancy to be filled from such eligible list. If there are fewer than three available eligibles on the eligible list, the municipal governing body may make a selection from such lesser number of available eligibles or may request that the Commission hold another examination.
A. 
In addition to the other reasons stated as grounds for removal in these Rules, the name of any person appearing on a furlough list or an eligible list shall be removed by the Commission if such person:
(1) 
Is appointed to a position in the Police Department; or
(2) 
Declines an appointment to a permanent position in the Police Department; or
(3) 
Fails to make written reply to the Commission seven calendar days from the date of mailing of a notice of certification; or
(4) 
Indicates availability for appointment and is appointed to fill a vacancy but fails to report for duty at the time prescribed, unless, in the opinion of the municipal governing body, such person can show good and sufficient reasons for failure to report.
B. 
The name of any person on an eligible list also shall be removed by the Commission if certified for appointment consideration three times as the top name and not appointed. Nothing in this section, however, shall be construed as authorizing the removal of the name of a person from a furlough list or eligible list who refuses or accepts a position of a lower rank than that from which furloughed or for which eligible on a Commission list.
Whenever the name of a person is certified from either the furlough list or the eligible list, the person shall be notified immediately of such certification. The notice shall include the title of the position and the compensation to be paid and shall request a written reply within seven days from the date of mailing.
All initial appointments to positions in the Police Department shall be for a probationary period of one year from the date of appointment. During the probationary period, an appointee may be dismissed only for a cause specified in § 17-54 or because of incapacity for duty due to the use of alcohol or drugs. The Chief of Police shall review the adjustment, performance and general acceptability of each probationer quarterly to determine whether such probationer is fully qualified for permanent appointment. The Chief of Police shall make a report to the municipal governing body recommending termination of employment of a police officer found not to be acceptable in his or her position and/or shall submit a final probationary report, not less than 10 nor more than 15 calendar days before the next regular meeting of the municipal governing body immediately preceding the end of the probationary period. Each final probationary report shall include the recommendation of the Chief of Police to retain the probationer. Each report shall be submitted in writing to the municipal governing body. Within five calendar days after receiving a probationary report from the Chief of Police recommending retention or rejection of a probationer, the municipal governing body shall notify the Commission, in writing, of its decision to retain or remove the probationer. The Commission, in turn, shall notify the probationer of such decision within five calendar days and in no event beyond the last day of the probationary period.
A. 
In the case of a vacancy in the office of Chief of Police, the municipal governing body has full discretion in selecting the individual to fill the position of Chief of Police. If the municipal governing body 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 municipal governing body of the results of the examination, and that person may only be removed from the position of Chief of Police for reasons set forth in § 17-54.
B. 
A Police Chief may be appointed by the municipal governing body without civil service status. If the municipal governing body takes this route, the individual appointed to Police Chief may be returned to a prior rank within the Borough of Manheim Police Department if promoted within or dismissed from an outside appointment, without implicating civil service hearing rights.