[Ord. 2017-01, 2/21/2017]
1.
These Civil Service Rules and Regulations are adopted pursuant to
the authority of Article XI, §§ 1170 through 1194,
of the Borough Code of the Commonwealth of Pennsylvania (Borough Code)[1] and are to be interpreted therewith. Council of the Borough
of Mifflinburg (Borough Council) may from time to time approve future
amendments or revisions to the Rules and Regulations by ordinance.
[1]
Editor's Note: See 8 Pa.C.S.A. §§ 1170
through 1194.
2.
The following Rules and Regulations shall govern the activities of
the Borough of Mifflinburg Civil Service Commission (Commission) while
hiring, suspending, terminating, reducing in rank or otherwise affecting
the employment status of the Police Officers of the Borough.
[Ord. 2017-01, 2/21/2017]
1.
APPLICANT
CHAIRPERSON
COMMISSION
ELIGIBLE
ELIGIBLE LIST
M.P.O.E.T.C.
POLICE DEPARTMENT
POLICE OFFICER
A.
B.
C.
D.
E.
PROBATIONER
SECRETARY
Unless otherwise expressly stated, the following words and phrases,
wherever used in these Rules, shall be construed to have the meaning
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 uniformed position in the Police Department.
The Chairperson of the Civil Service Commission of the Borough
of Mifflinburg, Pennsylvania.
The Civil Service Commission of the Borough of Mifflinburg,
Pennsylvania.
A person whose name is recorded on a current eligible list
or furlough list.
The list of names of persons, ordered from highest score
to lowest score, who have passed all examinations for a particular
position in the Police Department.
Municipal Police Officer's Education and Training Commission.
The Mifflinburg Borough Police Department, Mifflinburg, Union
County, Pennsylvania.
For purposes of these Rules, a sworn full time position in
the Police Department who meets the requirements established by the
Commission and the Commonwealth of Pennsylvania (including M.P.O.E.T.C.)
and who devotes his or her normal working hours to police duty or
duty in connection with police protection work and who is paid a stated
salary or compensation for the work by the Borough. The term shall
not include any of the following:
Special police appointed by the mayor to act in emergencies;
A person appointed solely for parking meter enforcement duties;
Special school police;
Extra police serving from time to time or on an hourly or daily
basis, i.e., part-time officers;
An auxiliary policeman appointed under the act of January 14,
1952 (1951 P.L. 2016 No. 561), entitled "An act providing for supplementing
the police forces of cities, boroughs, towns and townships, for the
appointment, powers and control of auxiliary police therein, and for
the transfer during disasters and emergencies of such auxiliary police,
members of the regular police forces, and police equipment thereof."
An officer in the Police Department who has been appointed
from an Eligible List, but who has not yet completed the course of
on-the-job, field study and probationary period.
The Secretary of the Commission.
[Ord. 2017-01, 2/21/2017]
1.
Officers.
A.
Commissioners. The Commission shall consist of three Commissioners,
who shall be qualified electors of the Borough and shall be appointed
by Borough Council for terms of six years.
B.
Alternates. Borough Council may appoint no more than three qualified
electors of the Borough to serve as alternate members of the Commission
in accordance with the provisions of § 1172 of the Borough
Code.[1] The term of office of the alternate members shall be six years. An alternate may participate in any proceeding or discussion of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member pursuant to § 1-423, Subsection 3. When seated pursuant to § 1-423, Subsection 3, 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.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1172.
C.
Vacancies. 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.
D.
Oath. 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 Constitutions of the United States and of the Commonwealth
of Pennsylvania and to perform his/her official duties with fidelity.
No Commissioner shall receive compensation.
2.
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 Borough Council and one Commissioner
may be a member of the teaching profession.
3.
Organization of Commission; Quorum. The Commission shall meet and
organize on the first Monday of February of each even-numbered year.
The Commission shall elect one of its members as its Chairperson,
one as Vice Chairperson, and one as Secretary. Three members of the
Commission shall constitute a quorum. If by reason of absence or disqualification
of a member a quorum is not reached, the Chairperson shall designate
as many alternate members of the Commission to sit on the Commission
as may be needed to provide a quorum. An alternate member of the Commission
shall continue to serve on the Commission in all proceedings involving
the matter or case for which the alternate was initially designated
until the Commission has made a final determination of the matter
or case. For purposes of hiring and promoting Police Officers hereunder,
each step in the examination and hiring processes requiring action
by the Commission shall be considered a separate "matter or case"
and each step of the hiring or promotional processes need not be voted
upon or approved by the same composition of Commissioners, as the
case may be, provided that the quorum requirement has been satisfied.
Designation of an alternate member pursuant to this section shall
be made on a case-by-case basis in rotation according to declining
seniority among the alternates.
No action of the Commission shall be valid unless it shall have
the concurrence of at least two members.
4.
Duties of the Chairperson. The Chairperson, or in his/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.
Duties of the Secretary. The Secretary shall maintain all minutes
of meetings of the Commission and shall record all proceedings and
official acts of the Commission. The Secretary shall, subject to the
supervisory action of the Commission, carry on all official correspondence
of the Commission, keep records of all proceedings involving the Commission,
including examinations, keep charge of and be responsible for the
books, records, papers and other property of the Commission, prepare
and submit to Borough Council reports covering the work of the Commission,
and perform all other duties required by law or by these Rules and
Regulations. The administrative staff of the Borough may assist the
Secretary in the performance of these duties.
6.
Meetings.
A.
Except for the biennial organizational meeting, all meetings shall
be held either at the call of the Chairperson or at the call of two
members of the Commission. The Secretary of the Commission shall give
each Commissioner 24 hours' notice, in writing, of each and every
meeting 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, including, but not limited to, the
Sunshine Act,[2] or these Rules and Regulations. No rule or regulation
of the Commission shall be annulled, amended, or added to without
prior approval of Borough Council, except as otherwise provided herein.
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
C.
The Secretary shall maintain minutes of all meetings, which shall
include the time and place of each meeting, the names of the members
present, and the votes given by members.
7.
Records. The Commission shall maintain minutes of its proceedings
and records of examinations and other official actions. All recommendations
of applicants for appointment received by the Commission shall be
kept and preserved for a period of five years, and all records and
all written causes of removal filed with the Commission shall be open
to public inspection subject to the provisions of the Borough Code,
the Pennsylvania Right to Know Law,[3] and reasonable regulation. 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 the
Municipal Records Act, 53 Pa. C.S.A. § 1381 et seq.
[3]
Editor's Note: See 65 P.S. § 67.101 et seq.
8.
Forms. The Commission may adopt and use such official forms as are
necessary to carry out its official duties. Copies of official forms
shall be maintained by the Secretary of the Commission.
9.
Conflicts of Interest. Should any member of the Commission believe
that he/she is unable to carry out his/her duties faithfully and free
of prejudice, such member may:
A.
Elect to refrain from participation in official business of the Commission;
or
B.
Participate in the official business, provided that such member makes
full disclosure of such conflict and the other members of the Commission
consent to such participation and such participation is permitted
by law.
10.
Solicitor. When circumstances arise that require the Commission to
retain a solicitor, Borough Council shall authorize such funds as
necessary to retain the services of a solicitor for the Commission.
The Commission shall select a solicitor to be approved by Borough
Council and paid for by the Borough, subject to reasonable monetary
limits set by Borough Council.
11.
Assistance. Through its elected and appointed officials, the Borough
Council will aid the commission in all proper ways in carrying out
the provisions of these Rules and Regulations, including the provision
of clerical assistance that may be necessary for the work of the Commission
and a suitable and convenient room for the use of the Commission.
12.
Investigation. The Commission may conduct 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 for witnesses testifying in connection
with such investigations.
13.
Subpoenas. The Commission may issue subpoenas over the signature
of the Chairperson, or his/her designee, to acquire the attendance
of witnesses and the production of records and papers pertaining to
any investigation or inquiry. Subpoenas shall be issued and governed
by the terms of the Borough Code.
14.
Annual Report. The Commission shall make an annual report to Borough
Council each year. The annual report shall contain a brief summary
of the Commission's work during the year.
15.
Powers and Duties. The Commission shall have all other powers and
duties as reserved by the Borough Code or authorized by Borough Council.
[Ord. 2017-01, 2/21/2017]
1.
Applications.
A.
Requirement. Each person desiring to apply for examination for any
Police Officer position with the Police Department shall submit to
the Commission, or its authorized agent, on the official form provided
and before the deadline established by the Commission, a sworn application
giving such information as the Commission, or its authorized agent,
may require, along with any examination fee, if applicable.
B.
Availability. Application forms shall be available to all interested
persons in the office of the Borough Secretary, or at such other place
as the Commission may designate.
C.
Age Requirement. No person shall be eligible to apply for any Police
Officer position in the Police Department unless such person is at
least 18 years of age on the date of application. Each applicant shall
be required to present satisfactory evidence of date of birth.
D.
Recording Applications. Applications will be received by the Borough
Secretary or such other person or entity as designated by the Borough
Secretary. Upon receipt, all completed applications shall be dated,
numbered, and recorded. Any application containing material errors
or omissions may, at the discretion of the Borough Secretary or such
other person designated by the Borough Secretary, 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.
Once recorded, applications shall become Commission records and shall
not be returned to the applicant.
E.
Penalty for False Statement. The statements made by the applicant
in his/her application and all other documents submitted therewith
shall contain no falsification, omission, or concealment of material
fact. Should investigation disclose any material misstatement, falsification,
omission, or concealment, the Commission shall disqualify the applicant
from further consideration for the position or any future position
with the Police Department. Any material misstatement, falsification,
omission, or concealment that is not discovered until after appointment
shall constitute grounds for removal from the Police Department.
2.
General Qualifications for Applicants of All Positions, Other than
Chief of Police.
A.
Every applicant for a Police Officer position in the Police Department,
other than Chief of Police shall:
(1)
Be a citizen of and legally entitled to work in the United States;
(2)
Have graduated from an accredited high school or possess a GED;
(3)
Possess Act 120 certification and a current Municipal Police
Officer Education Training Commission (MPOETC) card or be eligible
to obtain a waiver of training and a current MPOETC card within 120
days of appointment;
(4)
Be physically and mentally fit to perform the full duties of
a Police Officer, with or without reasonable accommodation, and
(5)
Be of good moral character without any felony or misdemeanor
convictions that relate to the applicant's suitability for employment.
B.
Prior to appointment, each applicant must obtain a valid motor vehicle
operator's license issued by the Commonwealth of Pennsylvania.
C.
Upon appointment, all Police Officers shall comply with all residency
requirements set forth in the collective bargaining agreement between
the Borough and the Mifflinburg Borough Police Officers' Association.
3.
Special Qualifications Required for Advanced Ranks Other than Chief of Police. In addition to meeting the qualifications in §§ 1-424, Subsections 1 and 2, all applicants for advanced rank in the Police Department other than Chief of Police shall meet the following special qualifications:
A.
A minimum of three years' continuous service as a Police Officer
on the date of application;
B.
Demonstration of working knowledge of police science and administration,
an ability to carry out orders from superiors, and an ability to deliver
and supervise the work of subordinates;
C.
Receipt of a grade of "satisfactory" or better on the latest service
rating; and
D.
Compliance with all relevant state and federal certification requirements.
4.
Applicants for Chief of Police.
A.
General Qualifications. All applicants for the position of Chief
of Police shall:
(1)
Be a citizen of and legally entitled to work in the United States,
have graduated from an accredited high school or possess a GED, be
physically and mentally fit to perform the full duties of a Police
Officer, with or without reasonable accommodation, and be of good
moral character without any felony or misdemeanor convictions that
relate to the applicant's suitability for employment;
(2)
Have a minimum of 10 years of current or recent law enforcement
or Police Officer experience or possess an equivalent combination
of education and experience;
(3)
Have satisfactorily completed the training program for Police
Officers as required by M.P.O.E.T.C., state law or regulation, be
eligible for a waiver of the training, or be able to comply with requirements
within one year of appointment to the position;
(4)
Have demonstrated managerial and leadership skills and abilities;
(5)
Have demonstrated interpersonal skills in dealing with the public
and a law enforcement agency;
(6)
Have knowledge of law enforcement principles, polices and regulations
with at least an associate's degree in police administration
(or a related field) or FBI Academy; or an equivalent level of experience;
(7)
Have supervisory experience or management training; and
(8)
Have residency within 30 miles of the Borough, which must be
established within six months of the appointment to the position of
Chief of Police.
B.
Background Investigation. In the event an applicant for the position
of Chief of Police is appointed through a noncompetitive process without
examination, such applicant shall be subject to a background investigation
consistent with the requirements of the federal Fair Credit Reporting
Act.
5.
No 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, marital status
or non-job-related disability, or any other characteristic protected
by law. The Borough and the Commission will provide equal opportunities
in employment and promotion. Those applicants requiring an accommodation
in the hiring or promotion process must contact the Chairperson for
assistance. No discrimination shall be exercised, threatened or promised
by any person against or in favor of any applicant or employee because
of political or religious opinions or affiliations, and no offer or
promise or reward, favor or benefit, directly or indirectly, shall
be made to or received by any person for any act done or duty omitted
or to be done pursuant to these Rules and Regulations.
6.
Rejection of Applicant.
A.
Basis for Rejection. 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 prescribed
in these Rules and Regulations for the particular position for which
the applicant has applied, or who is physically unfit for the performance
of the duties of the position to which the applicant has applied,
or who is illegally using a controlled substance, or who has been
found 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, or who is
affiliated with any group whose policies or activities are subversive
to the form of government set forth in the Constitutions and laws
of the United States and Pennsylvania.
B.
Hearing for Disqualified Applicant. Any applicant or other person
who believes that he/she is aggrieved by the actions of the Commission
in refusing to examine or to certify him/her 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 must make the 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. At the hearing, the applicant or person
aggrieved may appear with or without counsel, and the Commission shall
take testimony and review its refusal to provide examination or certification.
The Commission's disposition of the matter shall constitute official
action which shall occur at a public meeting; the decision of the
Commission shall be final.
[Ord. 2017-01, 2/21/2017]
1.
Public Notice. Public notice of the time and place of every examination,
together with the information as to the kind of position to be filled,
shall be given by publication once in a newspaper of general circulation,
at least two weeks prior to each examination, and a copy of the notice
shall be prominently posted in the office of the Commission or other
public place.
2.
General Examination Requirements.
A.
Police Officers. The examination for Police Officers will consist
of a written and an oral examination which will be graded on a scale
of 100 points, with the written examination representing 60% of the
final score and the oral examination representing 40% of the final
score. In addition, each applicant will undergo a physical fitness
or agility examination that is job-related and consistent with business
necessity. The physical fitness test will be graded on a pass/fail
basis for every applicant. The physical fitness test will be administered
prior to any written or oral examination, and only those applicants
passing the physical fitness test will be permitted to take the written
and oral examinations. Applicants certified to Borough Council for
appointment in accordance with these Rules and Regulations will be
subject to a background investigation and may be subject to a polygraph
test. Where an applicant has received a conditional offer of employment,
final appointment shall be contingent upon the applicant submitting
to a physical and psychological examination, and drug and alcohol
test.
B.
Positions above the Rank of Police Officer, Including Chief of Police
where Competitive Process Is Used. The examination for positions above
the rank of Police Officer, including the Chief of Police, where competitive
process is used, shall include a written and an oral examination which
will be graded on a scale of 100 points, with the written examination
representing 50% of the final score and the oral examination representing
50% of the final score. The written portion of the examination shall
include a test of police knowledge, supervision, and performance and
shall place emphasis upon those qualifications which are important
in the position in question. Physical fitness or agility examination
may, but need not be, required for promotions. Where such physical
fitness or agility examinations are required, the examinations will
be graded on a pass/fail basis. Applicants certified to Borough Council
for appointment in accordance with these Rules and Regulations may
be subject to a background investigation. Where an applicant has received
a conditional offer of employment, final appointment may be contingent
upon the applicant submitting to a physical and psychological examination,
and drug and alcohol test.
3.
Conduct and Administration of Examinations.
A.
Written Examinations. The Pennsylvania Chiefs of Police Association,
or such other agency designated by the Commission, shall be charged
with overseeing the administration of written examinations, including
but not limited to providing notice of examination; preparing, collecting,
and tracking applications and examination fees, if applicable; ordering
and grading examinations; compiling and distributing the eligibility
list; and such other duties as agreed upon by the Commission. Examinations
shall be open to all applicants who have the minimum qualifications
required by these Rules and Regulations for the position in question.
The Commission may also administer such written examinations.
B.
Other Examination. The Commission shall administer or may appoint
a qualified individual to administer such other examinations required
by these Rules and Regulations. The oral examination shall be designed
to permit evaluation of the appearance, manner, speech and general
impression created by the applicant; it shall involve questioning
applicants on how they would handle situations relevant to police
work. The physical fitness or agility examination may require demonstration
of such things as lifting, running, climbing, and shooting.
C.
Improper Conduct. Should an applicant for an entry-level position
be found guilty of an act tending to defeat the fair and proper administration
or result of any examination, his/her name shall be removed from the
Eligible List and the applicant shall not be permitted to make future
application for any position in the Police Department or the Borough.
Should any current member of the Police Department be found to have
committed an act tending to defeat the fair and proper administration
or result of any examination, such officer shall not be considered
for promotion and shall be referred to the Mayor for appropriate action.
4.
Passing Scores.
A.
Written Examination. The written examinations shall be graded on
a scale of 100 points. The passing grade for the position of Police
Officer shall be 70%; the passing grade for positions above the rank
of Police Officer shall be 80%. Applicants scoring less than the passing
score shall be rejected. All applicants shall be given written notice
of their test results.
B.
Oral Examination. The oral examinations shall be graded on a scale
of 100 points. The passing grade for the position of Police Officer
shall be 70%; the passing grade for positions above the rank of Police
Officer shall be 80%. An applicant for the position of Police Officer
who does not obtain a score of 70%, after combining the weighted scores
on the written examination and oral examination, shall be rejected.
Applicants for positions higher than the rank of Police Officer must
obtain a total weighted score of 80%.
C.
Veteran Preference. Any applicant for the position of Police Officer
who has completed the written examination and oral examination and
has received a passing grade for both examinations shall receive 10
additional points on top of his/her total score if that applicant
qualifies as a "veteran" pursuant to applicable law.
[Ord. 2017-01, 2/21/2017]
1.
Eligible List and Furlough List.
A.
Preparation of Eligible List. At the completion of the testing process
set forth above, the Commission, or its designated agent, shall rank
the candidates who have satisfied the minimum requirements for appointment
on an Eligible List. The Eligible List shall contain the names and
scores of individuals eligible for appointment listed from highest
to lowest based on their scores on the examinations administered by
the Commission and any points for which the applicant was entitled
by virtue of his/her status as a veteran. The Eligible List containing
the names and grades of those who have passed the examinations shall
be filed in the office of the Borough Secretary and a copy shall be
posted in the Borough Municipal Building.
B.
Breaking Tie Scores. In the case of tied scores, the tie will be
broken by giving preference to the applicant who scored the highest
on the portion of the examination assigned the greatest weight. Should
a tie persist, the tie will be broken by giving preference to the
applicant whose completed application was submitted and recorded first.
C.
Life of Eligible List. The Eligible List will be valid for one year
from the date the Commission formally adopts the Eligible List. Prior
to expiration of the one-year period, the Commission may extend the
validity of the Eligible 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
Eligible List shall expire.
D.
Furlough List. Whenever Borough Council shall determine the need
for a temporary reduction in the number of Police Officers, the Commission
shall prepare and maintain a list of the names of all such furloughed
officers, together with the position held by each such officer at
the time of furlough. The names on the furlough list shall be arranged
in priority order based on seniority at the time of furlough. Seniority
shall be defined by the applicable collective bargaining agreement.
E.
Removal of Names from Furlough and Eligibility Lists. The name of
any person appearing on a furlough list or Eligible List shall be
removed by the Commission if such person:
(1)
Is appointed to a position in the Police Department;
(2)
Declines appointment to a position in the Police Department,
unless such position is of a lower rank than that for which he/she
is eligible;
(3)
Fails to make a written reply in response to notice of certification
or notice of conditional appointment by the Commission within the
time period provided by the Commission; or
(4)
Is appointed to fill a vacancy but fails to report for duty
at the time prescribed, unless, in the opinion of the Commission,
such person can show good and sufficient reason for failure to report.
2.
Filling Appointments.
A.
Notice of Vacancy to Be Filled. When a Police Officer vacancy is
to be filled in the Police Department, Borough Council shall submit
a written request to the Commission for certification of eligible
applicants.
B.
Filling an Existing Position. Borough Council may fill any vacancy
in an existing Police Officer position in the Police Department which
occurs as a result of retirement, resignation, disability or death
by the reappointment or reinstatement of a former Police Officer of
the Police Department who had previously complied with the Rules and
Regulations set forth herein. Except for physical and psychological
examinations, no other testing shall be required for a furloughed
employee, except that the furloughed employee will be subject to a
background investigation. If no furlough list exists, or if the total
number of vacancies cannot be filled from the available names on the
furlough list, the position shall be filled in the same manner as
original positions are filled.
C.
Filling an Original Position. Every original Police Officer position
for employment, except that of Chief of Police, shall be filled in
the following manner:
(1)
Upon receipt of a request from Borough Council, the Commission
shall certify for each position to be filled, the names of three persons
from the Eligible List, or a lesser number where three are not available,
who have received the highest total score.
(2)
Borough Council shall conduct a background investigation into
each certified individual in accordance with the provisions below.
(3)
Borough Council may object to one or more of the persons certified for the reasons set forth in § 1-424, Subsection 6. If the candidate to whom the Borough Council objects fails to timely exercise the right of appeal or should the objections be sustained by the Commission or should a conditional appointee be determined to be unqualified based upon the results of post-appointment examination, the Commission shall strike the name of the person from the Eligible List and certify from the Eligible List the next highest name for each name stricken.
(4)
Borough Council shall make a conditional appointment from the
three names certified, based solely on the merits and fitness of the
candidates. The conditional appointee shall be notified of such appointment,
the title of the position, and the starting salary. The appointment
shall be conditional on undergoing a physical and psychological medical
examination and drug and alcohol test.
(5)
The background investigation shall be conducted consistent with
the provisions of the federal Fair Credit Reporting Act and may include
investigation into the certified individual's criminal record,
employment and educational history, credit history, driving record,
general character, and such other relevant characteristics as permitted
by law.
D.
Promotions. Borough Council shall notify the Commission of a vacancy in the Police Department to be filled by promotion and shall request a certification of an Eligible List for the position. The Commission shall certify the names of three persons who have received the highest average in the last preceding promotional examination held within a period of two years preceding the date of the request. If three names are not available, the Commission will certify the names remaining on the Eligible List. The Borough Council shall make an appointment from the names certified based solely on the merits and fitness of the candidate, unless the Borough Council objects to the Commission regarding one or more of the persons so certified as set forth in § 1-424, Subsection 6. The Borough Council may determine in each instance whether an increase in salary constitutes a promotion.
E.
Vacancy in the Office of Chief of Police. In the case of a vacancy
in the office of Chief of Police, the vacancy may be filled through
a noncompetitive process, at the election of Borough Council. Where
Borough Council so elects, the Borough Council shall nominate a person
to the Commission for the position of Chief of Police. Within 14 days
of nomination, the Commission shall subject the nominee to a noncompetitive
examination that tests the nominee's knowledge of police management
and administration. If the nominee receives a score of 80% on the
examination and is certified by the Commission as qualified, he/she
may then be appointed by Borough Council.
[Ord. 2017-01, 2/21/2017]
1.
Examinations. Where an applicant certified from the Eligible List
receives a conditional offer, 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 the essential functions of the position,
with or without a reasonable accommodation. Medical examinations shall
be conducted at Borough expense and under the direction of a qualified
medical professional appointed by the Borough Council. In no event
will physical or psychological medical examinations be conducted prior
to conditional appointment.
2.
Compliance with Applicable Law. All such medical examinations shall
be conducted in accordance with the Borough's obligations under
the Americans with Disabilities Act (ADA) and other applicable federal
and state laws.
3.
Opinion of Medical Professional. The qualified medical professional
shall render an opinion within five days of the examination and on
a form satisfactory to the Commission as to whether the conditional
appointee has a physical or mental condition that calls into question
the conditional appointee's ability to perform all essential
functions of the position for which conditional appointment was made,
with or without reasonable accommodation.
4.
Interactive Discussions. If the opinion of the qualified medical
professional calls into question the conditional appointee's
ability to perform all essential functions of the position, a person
designated by Borough Council shall meet with the conditional appointee
for the purpose of having one or more interactive discussions on whether
a reasonable accommodation would enable the conditional appointee
to perform the essential functions of the position. Additional communications
with the qualified medical professional may be required to determine
the availability or suitability of a reasonable accommodation to enable
the conditional appointee to perform the essential functions of the
position. If, at the conclusion of the interactive discussion, Borough
Council determines in its discretion that the conditional appointee
is not qualified, Borough Council shall give written notice to the
conditional appointee and the Commission, and the conditional appointee
shall not be considered further for the position.
5.
Medical Examination during Employment. During employment, Borough
Council or the Commission shall have the authority to require members
of the Police Department to submit to physical and/or psychological
medical examinations in accordance with the provisions of the ADA
and other applicable federal and state laws.
[Ord. 2017-01, 2/21/2017]
All initial appointments to any position in the police force shall be for a probationary period of one year. During the probationary period, a Probationer may be dismissed only for a cause specified in § 1-424, Subsection 6, or because of incapacity for duty due to the use of alcohol or drugs. Throughout the probationary period, the Chief of Police shall review the performance and general acceptability of each Probationer to determine whether such Probationer is qualified for permanent appointment. The Chief of Police shall make a report on the performance, conduct, and fitness of each Probationer at the end of the fourth and eighth months of the probationary period. Not less than 15 calendar days before the next regular meeting of Borough Council immediately preceding the end of the probationary period, the Chief of Police shall submit a final report to the Mayor for presentation to the Borough Council. Such final report shall include the recommendation of the Chief of Police either to dismiss the Probationer or make a permanent appointment. In the event the probationary appointee is the Chief of Police, the Mayor shall evaluate the performance and conduct of the Chief. If, at the close of the probationary period, the performance, conduct or fitness of the Probationer has not been satisfactory to the Borough Council, the Probationer shall be notified, in writing, that he/she will not receive a permanent appointment, and the appointment shall cease. If the Probationer is not notified or dismissed in accordance with this section, the Probationer's retention shall be equivalent to a permanent appointment. The decision of Borough Council to suspend or discharge a Probationer shall be final and shall not be subject to appeal.
[Ord. 2017-01, 2/21/2017]
Whenever there are urgent reasons for permanently filling a
vacancy governed by these Rules and Regulations and there are no names
on the Eligible List for the appointment, Borough Council may nominate
a person to the Commission for noncompetitive examination, and if
the nominee shall be certified by the Commission as qualified after
noncompetitive examination, the nominee may be appointed provisionally
to fill the vacancy. Within three weeks of the provisional appointment,
the Commission shall hold a competitive examination and certify an
eligibility list and a regular appointment shall then be made from
the name or names submitted by the Commission, provided that nothing
in this section shall prevent the appointment, without examination,
of persons, temporarily as Police Officers in cases of riot or other
emergency. Nothing in this provision shall require the Borough to
make a provisional appointment or limit the Borough's ability
to make a temporary appointment to a position within the Police Department
consistent with its practice and the terms of the applicable collective
bargaining agreement.
[Ord. 2017-01, 2/21/2017]
1.
Grounds for Disciplinary Action. No person appointed to any Police
Officer position in the Police Department pursuant to these Rules
and Regulations may be suspended without pay, removed, or reduced
in rank by Borough Council except for the reasons set forth below:
A.
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;
B.
Neglect or violation of any official duty;
C.
Violation of any law of which provides that such violation constitutes
a misdemeanor or felony;
D.
Inefficiency, neglect, intemperance, disobedience of orders or conduct
unbecoming an officer;
E.
Intoxication while on duty;
F.
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;
or
G.
Engaging or participating in the conduct of a political or election
campaign for an incompatible office as provided in the Borough Code.
2.
Procedures.
A.
Notice. Whenever a member of the police force is suspended without
pay, removed, or reduced in rank, a written statement stating the
specific charges warranting such actions shall be furnished to the
officer and the Commission within five days. The charges shall be
stated clearly and in sufficient detail to enable the Officer to understand
the charges and the factual basis supporting the charges and to allow
the Officer to response to the same.
3.
Mayor's Power to Suspend. Nothing herein shall limit the authority
of the Mayor to suspend any Police Officer for cause and without pay
until the succeeding regular meeting of the Borough Council, at which
time the Borough Council may, subject to these Rules and Regulations,
suspend, remove, or reduce in rank or reinstate with pay, the Police
Officer.
4.
Furloughs. Nothing herein shall limit the ability of the Borough
Council to reduce the number of paid employees for reasons of economy
or other reasons for which it shall be deemed necessary.
[Ord. 2017-01, 2/21/2017]
1.
Time of Answer and Hearing. A person suspended, removed or reduced
in rank may make written answers to any charges filed against the
person not later than the day scheduled for the hearing. The Commission
shall grant the person a hearing that shall be held within a period
of 10 days from the filing of written charges, unless continued by
the Commission for cause at the request of the council or the accused.
The failure of the Commission to hold a hearing within 10 days from
the filing of the written charges shall not result in the dismissal
of the charges filed.
2.
Conduct of Hearing. At any hearing, the person against whom the charges
are made may be present in person and represented by counsel. The
Borough Council may suspend the person, without pay, pending the determination
of the charges against the person, but, in the event the Commission
fails to uphold the charges, the person sought to be suspended, removed
or reduced in rank shall be reinstated with full pay for the period
during which the person was suspended, removed or reduced in rank,
and no charges shall be officially recorded against the person's
record. A stenographic record of all testimony taken at the 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.
3.
Conduct of Hearing. At any such hearing, the Officer against whom
the charges have been made may be present and represented by counsel,
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 not be available for public inspection.
4.
Nature of Hearing. Unless the Borough Council or the Officer sought
to be suspended, removed, or reduced in rank requests that the proceedings
before the Commission be open to the public, the proceedings shall
be held in the nature of a closed executive session that shall not
be open to the public. Any such request shall be presented to the
Commission before the hearing commences. The deliberations of the
Commission, including interim rulings on evidentiary or procedural
issues, may be held in private and shall not be subject to a request
for being open to the public, Borough Council, or the Officer. The
Commission's disposition of the disciplinary action shall constitute
official action which shall occur at a public meeting.
5.
Subpoenas. The Commission shall have the power to issue subpoenas
to require the attendance of witnesses and the production of records
and papers pertaining to the hearing in accordance with the provisions
of the Borough Code. The Officer and the Borough may issue written
requests for a subpoena from the Commission, provided such request
is filed with the Secretary of the Commission within five days from
the date of hearing. Such requests for subpoena will be ruled on by
the Commission in its discretion.
6.
Hearing Procedure.
A.
Standard of Review. 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.
B.
Sworn Testimony. All testimony presented at the hearing shall be
given under oath. The Chairperson shall administer all oaths.
C.
Procedure. Each hearing shall be conducted in the following manner:
(1)
The Chairperson shall commence the hearing by stating the general
purpose of the hearing;
(2)
The Secretary shall read the written charges against the officer,
together with the record of action taken against such officer, and
any written reply of the accused, unless both parties waive a reading
of the same;
(3)
The Borough shall be given the opportunity to produce any witnesses,
testimony, or documents in support of the charges;
(4)
The Officer shall be given the opportunity to cross-examine
any witnesses produced by the Borough;
(5)
The Officer shall be given the opportunity to produce any witnesses,
testimony, or documents in defense;
(6)
The Borough shall be given the opportunity to cross-examine
any witnesses produced by the Officer;
(7)
The parties shall be given an opportunity to make a closing
summation.
(8)
The hearing shall be concluded by the Chairperson.
D.
Evidence. The Commission shall be the judge of admissible evidence
and procedure and shall not be bound by technical rules of evidence.
The Commission, at any time during the hearing, may question or examine
the parties or any witnesses presented.
7.
Decision of the Commission. Within 30 days of the later of the conclusion
of the hearing or receipt of the hearing transcript, the Commission
shall issue its decision in the form of a written order approved by
at least two members of the Commission. The written order shall include
all findings of fact. A copy of the written order shall be provided
to the parties. No order of suspension made by the Commission may
be for a longer period than one year.
8.
Right of Appeal. All parties shall have an immediate right of appeal
to the Court of Common Pleas of Union County, and the case shall there
be determined as the court deems proper. The appeal shall be taken
within 30 days from the date of entry by the Commission of its final
order and shall be by petition. Upon the appeal being taken and docketed,
the Court of Common Pleas shall schedule a day for a hearing and shall
proceed to hear the appeal on the original record and additional proof
or testimony as the parties concerned may desire to offer in evidence.
The decision of the court affirming or revising the decision of the
Commission shall be final, and the employee shall be suspended, discharged,
reduced in rank or reinstated in accordance with the order of Court.
