A. 
At the completion of the examination requirements set forth in this chapter for written examination, oral examination, background investigation, and physical agility test, the Commission shall rank all passing applicants on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list. Applicants for patrol officer who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the eligibility list.
B. 
In the case of tied scores, the tie will be broken by giving preference to the applicant who submitted a final completed application first. If both tied applicants submitted their complete applications on the same day, then the tied applicants shall be ranked, based on the time/date stamp applied at time application was received.
C. 
The eligibility list will be valid for one year from the date the Commission ranks all passing applicants, assigns veterans' preference points and formally adopts the eligibility list. The Commission may, at its sole discretion, before the original expiration date, by a vote of the majority of the Commission at a duly authorized Commission meeting, extend the list for up to an additional 12 months. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.
A. 
The Commission shall request the Chief of Police or the Chief's designee to conduct a background investigation on each applicant. The background investigation shall also include interviews with the applicant's family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and school officials. At a minimum, personal interviews shall be conducted with at least three people that have personal knowledge of the applicant but who are not related to the applicant and with the applicant's employer(s) for the past five years. The background investigation shall also include a criminal history check including, at the discretion of the examiners, the submission of fingerprints to the Central Repository for the Commonwealth of Pennsylvania and the Federal Bureau of Investigation. The applicant's credit history and record of criminal convictions shall also be investigated, as well as the applicant's driving record for verification that he possesses a valid driver's license. The applicant may be interviewed directly when the information collected during the background investigation requires clarification or explanation.
B. 
If necessary to complete a thorough background investigation on any applicant, the Commission may, upon the request of the Chief of Police or his designee, subpoena the personnel records maintained by any other police department(s) by which the applicant was previously employed.
A. 
As part of the background investigation, every applicant for the position of patrol officer shall fill out a personal data questionnaire and undergo a polygraph examination at the direction of the Commission. The four applicants with the highest combined written and oral scores, taking into account any veterans' preference shall undergo a polygraph examination. The Commission shall furnish each polygraph examiner with forms upon which the examiner shall state whether any of the applicant's responses to questions from the applicant's personal data questionnaire are deceptive. The repot on each examination shall be submitted to the Commission within five days after the date of the examination. If the Commission deems it necessary to require additional candidates to undergo a polygraph examination in order to maintain a list deemed adequate by the Commission based upon the number of positions to be filled, the Commission may authorize polygraph examinations to be administered to additional applicants.
B. 
The examiner shall ask questions based on the information contained in the personal data questionnaire. Before administering the test, the examiner shall ask each applicant whether there is any more information related to the personal data questionnaire which the applicant would like to provide. There shall also be a post-test review, during which the examiner shall again ask the participant, if deception is indicated, whether there is any information which the applicant is withholding.
C. 
If the examiner shall deem any of the applicant's responses to be deceptive, the examiner must tell the applicant immediately and give the applicant an opportunity to explain, deny or admit the deception. If the applicant denies being deceptive or if the explanation is found unsatisfactory by the examiner, the applicant will be given the opportunity to retake the test with a second examiner. Notice of the opportunity to retest shall be given in writing to the applicant. The second examiner will not have access to the results of the first test prior to readministering the polygraph. If the second examiner finds no deception, the applicant will be considered as having passed the polygraph. If the second examiner also finds the applicant deceptive, the applicant will be considered as having failed the examination.
D. 
Any applicant who has failed both tests may appeal to the Commission for a third examination, and the decision to give the applicant an opportunity to take a third polygraph examination rests solely within the discretion of the Commission. If the applicant is awarded an opportunity to take a third polygraph examination and passes, the applicant will be considered as having passed the polygraph examination. If the applicant is found deceptive on a third examination, the applicant will be rejected.
A. 
After the background investigation is completed, the Chief of Police, or his designee, shall make a written recommendation to the Commission on whether the applicant is appropriate for certification to the appointing authority for appointment as a police officer.
B. 
Appropriateness of the applicant shall be based on the criteria and the results of any background investigation set forth in this chapter. This recommendation shall be in writing and, if the recommendation is to disqualify, then a 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 applicant. Within 30 days after the Commission considers the recommendation of the Chief of Police, or his designee, each applicant will be informed of whether they have passed the background investigation.
A. 
The appointing authority of the Township may fill in any vacancy in an existing position in the Police Department that occurs as a result of expansion of the police force, retirement, resignation, disability or death by the reappointment or reinstatement of a former employee of the Police Department who had been furloughed, or who voluntarily resigned, and previously complied with the provisions of the civil service requirements.
B. 
In the case of a vacancy at the same rank, no other testing shall be required for a conditional appointment of a furloughed employee or one who voluntarily separated from the Police Department, except for medical and psychological examinations after conditional offer of employment, and also subject to any recertification requirements prescribed by the Municipal police officers' Education and Training Commission.
C. 
If no eligible candidates remain on a furlough list, then every position, except that of Chief of Police, shall be filled only in the following manner:
(1) 
The appointing authority of the Township shall notify the Commission of any vacancy which is to be filled and shall request the certification of three names from the list of eligible candidates who have the highest examination scores;
(2) 
In response to the appointing authority's request, and after receiving a recommendation from the Chief of Police following any required background investigation pursuant to § A255-36, the Commission shall certify the top three candidates from the list of eligible candidates. If a list of eligible candidates for promotion does not contain three names, the Commission shall certify the name(s) remaining on the list;
(3) 
Subject to its right to object to candidates, the appointing authority shall make an appointment of one candidate from the three names certified based solely on the merits and fitness of the candidates. However, for initial appointment to patrol officer, when one of the three candidates on the certified list is a veteran, that candidate shall be selected.
D. 
The appointing authority may object to one or more of the candidates certified for the reasons set forth in § A255-22 of this chapter. If the candidate to whom the appointing authority objects fails to timely exercise the rights of appeal under § A255-23 or if the Commission declines to uphold the appeal, the Commission shall strike the name of that candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.
In the case of a vacancy in the office of Chief of Police, the appointing authority has full discretion in selecting the individual to fill the position of Chief of Police. 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. If, after receiving notice from the Commission that the candidate for chief is qualified, the appointing authority votes to bestow civil service status on that person, he may only be removed from the position of Chief of Police as set forth in this chapter and in accordance with law.
A. 
An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional employee undergoing a physical and psychological medical examination and a determination that the conditional employee is capable of performing all the essential functions of the position. Physical medical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examination shall be under the direction of a psychiatrist or psychologist.
B. 
The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by the Township Commissioners and shall render an opinion as to whether the conditional appointee has a physical or mental conditional which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed.
C. 
If the opinion rendered by the physician, or other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, a person designated by the Township Commissioners shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.
D. 
If, at the conclusion of the interactive discussion under Subsection C, the Township Commissioners determine that the conditional appointee is not qualified, the Township Commissioners shall give written notice to the conditional appointee and the Civil Service Commission.
E. 
Nothing in this chapter shall be construed to authorize physical or psychological medical examinations prior to the conditional appointment.
F. 
As used in this section, the following definitions shall apply:
MEDICAL EXAMINATION
Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential duties of a municipal police officer.
PHYSICIAN
Shall have the meaning given to it in 1 Pa.C.S.A. § 1991 (relating to definitions).
QUALIFIED MEDICAL PROFESSIONAL
An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:
(1) 
As a physician assistant pursuant to the act of December 20, 1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985,"[1] or the act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act"[2]; or
(2) 
As a certified registered nurse practitioner pursuant to the act of May 22, 1951 (P.L. 317, No. 69), known as "the Professional Nursing Law."[3]
[1]
Editor's Note: See 63 P.S. § 422.1 et seq.
[2]
Editor's Note: See 63 P.S. § 271.1 et seq.
[3]
Editor's Note: See 63 P.S. § 211 et seq.
Every successful applicant to the position of patrol officer, or to a promotional position with the Police Department, shall serve a twelve-month probationary period. During the probationary period, a probationary police officer shall be considered to be an at-will employee and shall not have the protections of civil service status nor a right of appeal under this chapter in the event of suspension or termination during the probationary period. A promoted police officer, during probation, shall not have the protections of the civil service status of his new rank during the probationary period and may be returned to a prior rank at any time during the probationary period, for any reason or no reason at all. However, at the end of the twelve-month probationary period, if the conduct of the probationary police officer has not been satisfactory to the appointing authority, the probationary police officer shall be notified in writing that the appointment will not be permanent. Notwithstanding the foregoing, and if not otherwise prohibited, the appointing authority reserves the right, in its sole discretion, to extend the probationary period of an officer who has not performed to the satisfaction of the appointing authority for up to six additional months. At the end of the probationary period, written notice that the probationary police officer's appointment will not be permanent, then a newly hired probationary police officer's employment shall end, and a probationary police officer shall return to his previous rank. Any probationary police officer who is not informed in writing that his performance has been unsatisfactory shall receive a permanent appointment to the new position. Any probationary police officer who is notified in writing that his appointment will not be made permanent has no right of appeal under this chapter.
Whenever there are urgent reasons for the filling of a vacancy in any position in the Police Department and there are no names on the eligibility list for such appointment, the appointing authority may nominate a person to the Commission for noncompetitive examination. Such nominee may be certified by the Commission as qualified after such noncompetitive examination and may be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission within three weeks to hold a competitive examination and certify a list of eligible candidates and a regular appointment shall then be made from the name or names submitted by the Commission; provided, however, that nothing within this section shall prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergency.