A. 
At the completion of the examination requirements set forth in Article V, 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 who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the eligibility list. 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 the tied applicants submitted their complete applications on the same day, then the applicants shall be ranked in alphabetical order by surname.
B. 
The eligibility list should be valid for one year from the date the Commission ranks all passing applicants, assigns veterans' preference points and formally adopts the eligibility list. Prior to expiration of the one-year period, 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 12 months. The Council may, at its sole discretion, void an eligibility list at any time for any reason.
A. 
Every applicant for the position of full-time civil service police officer shall fill out a personal data questionnaire and may, at the discretion of the Civil Service Commission, be required to undergo a polygraph examination.
B. 
If a polygraph examination is required, the Commission shall furnish the 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.
C. 
The top three candidates from the Civil Service Commission's certified eligibility list shall undergo a polygraph test. In the event of more than one vacancy to be filled, a number of the highest-ranked candidates equal to the number of vacancies to be filled, plus the next two highest-ranked candidates, shall also undergo the polygraph test.
D. 
The report on each examination shall be submitted to the Commission within five days after the date of the examination.
E. 
The examiner shall ask questions based on the information contained in the personal data questionnaire.
F. 
Before administering the test, the examiner shall ask each applicant whether there is any more information related to the personal data questionnaire that the applicant would like to provide.
G. 
After administering the test, the examiner shall again ask the applicant, if deception is indicated, whether there is any information which the applicant is withholding.
H. 
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 at the applicant's cost. 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 examination. If the second examiner also finds the applicant deceptive, the applicant will be considered as having failed the examination.
A. 
The Commission shall request the Chief of Police, or a representative(s) from a bona fide background investigation agency, to conduct a background investigation on the top-scoring eligible applicants who have successfully passed the polygraph examination, as determined by the Civil Service Commission, prior to the inclusion of any applicant on the certified list of those eligible as set forth in § 21-35 infra. The background investigation must be consistent for each applicant and shall meet, at a minimum, all the specific requirements of the MPOETC and Act 57 of 2020, as required by law. The applicant shall be required to execute an authorization and release for the disclosure of employment information from the applicant's former employing law enforcement agencies, if any, in the Commonwealth on a standard form promulgated by MPOETC, which shall also be signed by the Municipality's Chief of Police. The "Authority to Release" portion of the application form must have been completed by the applicant. The background investigation shall include, at a minimum, the following:
(1) 
A criminal history check, including the submission of fingerprints to the State Police Central Repository and the Federal Bureau of Investigation.
(2) 
A check of the applicant's credit history.
(3) 
Personal interviews with at least three people who have personal knowledge of the applicant but are not related to the applicant, nor are a member of the applicant's household.
(4) 
Interviews of the applicant's employers, if any, for the past five years to determine the applicant's work history.
(5) 
A review of the applicant's employment information from each previous law enforcement employer to determine the applicant's law enforcement work history.
(6) 
A check of the applicant's driving history that includes a review of all traffic violations and verifications that the applicant has a valid driver's license.
(7) 
A verification of the applicant's eligibility to lawfully possess a firearm.
B. 
The applicant may be interviewed directly when the information collected requires clarification or further explanation.
C. 
After the background investigation is completed, the Chief of Police or the representative(s) from a bona fide background investigation agency shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a police officer for the Municipality of Monroeville.
D. 
The recommendation by the Chief of Police or the representative(s) from a bona fide background investigation agency shall be based on the criteria set forth in § 21-23, of these rules and regulations and on any other relevant information developed during the background investigation. This report to the Commission shall be in writing and in compliance with the Americans with Disabilities Act[1] and must not include any physical history information on a candidate. If the recommendation is to disqualify, then a detailed, written explanation of the reasons for disqualification must be included. The Commission shall then make a final determination on whether additional information is required or if the information collected and reported warrants acceptance or rejection of the candidate.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
E. 
Within 30 days after the Commission considers the recommendation of the Chief of Police or the representative(s) from a bona fide background investigation agency, each applicant shall be notified as to whether they have passed or failed this portion of the examination process.
A. 
The Municipal Manager, in accordance with Section 1001 of the Home Rule Charter, may fill any vacancy in an existing position in the Police Department by the reappointment or reinstatement of a former employee of the Police Department who had been furloughed.
B. 
Except for physical examinations, no other testing shall be required for a furloughed, rehired or reappointed employee.
C. 
If no furlough list exists, or if positions remain to be filled after all the officers on the furlough list are offered reemployment, every full-time civil service position shall be filled only in the following manner:
(1) 
The Municipal Manager shall notify the Commission of any vacancy which is to be filled and shall request the certification of three names from the list of those eligible who have received the highest total scores on the civil service testing and who have successfully completed the polygraph examination and the background investigation set forth in §§ 21-33 and 21-34 supra.
(2) 
If three names are not available, then the Commission shall certify the next highest name(s) remaining on the list. In no event may an applicant be certified who has not first successfully completed the polygraph examination and the background investigation set forth in §§ 21-33 and 21-34 supra.
(3) 
The Municipal Manager shall make a conditional appointment from one of the three names certified, based solely on the merits and fitness of the candidates.
(4) 
However, for initial appointment to the position of police officer, when any of the top three candidates on the certified list is a military veteran as defined by the Veterans Preference Act, 51 Pa. C.S.A. Chapter 71, as amended, and applicable case law, that candidate shall be selected.
D. 
The Municipal Manager may object to one or more of the persons certified for the reasons set forth in § 21-23 of these rules and regulations.
E. 
If the candidate to whom the Municipal Manager objects fails to timely exercise the rights to appeal under § 21-24, 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.
F. 
In the case that there is more than one vacancy to be filled, the Commission shall certify, from the eligible list, a number of the highest-ranked candidates equal to the number of vacancies to be filled, plus the next two highest-ranked candidates. This provision will provide that the last appointment will always be made from the remaining three names certified.
Act 57 of 2020-MPOETC separation records request and physical and psychological medical examination.
A. 
Act 57 of 2020-MPOETC separation records request.
(1) 
After the Municipal Manager selects a candidate from the certified eligibility list for conditional appointment to the vacant position, the candidate will be notified of a conditional offer of employment and shall be required to provide a signed and notarized authorization for the release of separation records on a standard form promulgated by MPOETC. The Chief of Police, or a representative(s) from a bona fide background investigation agency, shall request separation records through the MPOETC Training and Certification System (MPOETC TACS) database, pursuant to Act 57 of 2020. The candidate may not proceed further in the application process until the separation record is obtained or a certification that no separation record exists is received from MPOETC.
(2) 
If separation record(s) sent from the MPOETC TACS database indicate that the conditional appointee has a history of either final and binding disciplinary action or a criminal conviction, or both, for any of the offenses enumerated below, and the Municipality chooses not to disqualify the conditional appointee, the Municipality must electronically submit a hiring report form to MPOETC, on a standard form promulgated by MPOETC, within seven days of the final hiring decision:
(a) 
Excessive force.
(b) 
Harassment.
(c) 
Theft.
(d) 
Discrimination.
(e) 
Sexual abuse.
(f) 
Sexual misconduct.
(g) 
Domestic violence.
(h) 
Coercion of a false confession.
(i) 
Filing a false report.
(j) 
Judicial finding of dishonesty.
(3) 
If the Municipality chooses not to disqualify the conditional appointee, the Hiring Report Form must include a notarized statement, signed by the Chief of Police or the Chief's designee, explaining the reasoning and rationale for hiring the conditional appointee.
(4) 
The Hiring Report Form need not be submitted to MPOETC if no above-described separation history exists, or if the Municipality decides to disqualify the conditional appointee due to the conditional appointee's separation history. However, the Municipality must notify MPOETC, in all instances, of the conditional appointee's final employment status within seven days of the final hiring decision.
(5) 
If a conditional appointee is disqualified based upon above-described separation history, the conditional appointee will be so notified, and may appeal this decision under § 21-24 of these rules and regulations. If the candidate fails to timely exercise the rights of appeal, or if the Commission declines to uphold the appeal, the Commission shall strike the name from the eligibility list and certify the next highest name for inclusion on the certified list of three.
(6) 
If a conditional appointee is not disqualified at this stage, the conditional appointee shall be scheduled for the physical and psychological medical examination as set forth in § 21-36B.
B. 
Physical and psychological medical examination.
(1) 
After the completion of the MPOETC separation records request procedure set forth above, the conditional appointee shall submit to a physical and psychological examination.
(2) 
Physical medical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be under the direction of a psychiatrist or psychologist. The terms "physician" and "qualified medical professional" shall be defined in the same manner as provided in Section 1189 of the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1189.
(3) 
The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by the Council, and they shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the person's ability to perform all the essential functions of the position for which the person was conditionally appointed.
(4) 
If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist does not call into question the conditional appointee's ability to perform all essential functions of the position, then the conditional appointee shall either: receive a final notification of appointment, subject to satisfactorily completing an MPOETC-certified training school or academy and qualifying (after instruction) with a police-issue firearm; or be appointed to the vacant position in the Police Department for which the application was submitted.
(5) 
If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of the position, a person designated by the Council 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.
(6) 
If, at the conclusion of the interactive discussion under Subsection B(5), the Council determines that the conditional appointee is not qualified, the Council shall give written notice to the conditional appointee and the Commission.
(7) 
The rejected conditional appointee may appeal this decision under § 21-24.
(8) 
In the event the conditional appointee is found not to be qualified, the Commission shall then certify another name to be included with the two previously certified names for consideration by the Municipal Manager pursuant to § 21-33.
A. 
After successful completion of the conditional requirements for appointment set forth in § 21-36 each new employee shall be notified of the details of their official appointment.
B. 
Each new employee who has satisfactorily completed an MPOETC-certified training school or academy (or receives a training waiver under applicable MPOETC regulations) and qualified (after instruction) with a police-issue firearm shall begin employment as a police officer, subject to the probationary status set forth in § 21-38 below.
C. 
Each new employee who at the time of official appointment is not eligible for a training waiver under applicable MPOETC regulations or who has not satisfactorily completed an MPOETC-certified training school or academy and qualified (after instruction) with a police-issue firearm shall begin employment as a police cadet. A police cadet shall obtain enrollment in a MPOETC-certified training school or academy which provides a basic training course for police officers, as chosen by the Municipality. As a condition of continued employment, a police cadet must successfully complete and graduate from the MPOETC-certified training school or academy and must thereafter pass the MPOETC state certification exam before he/she may begin employment as a police officer with the Municipality.
A. 
Every successful applicant for police cadet, the full-time civil service position of police officer, or for a promotional full-time civil service position within the Police Department shall serve a minimum of six months' probationary period, which can be extended to a maximum of 12 months, beginning the date of the probationary appointment.
B. 
During the probationary period, a newly hired police cadet or full-time civil service officer may only be dismissed for cause set forth in § 21-23 and the Home Rule Charter.
C. 
During the probationary period, a promoted officer may only be returned to a prior rank for cause set forth in § 21-23.
D. 
During the probationary period, the Chief of Police shall monitor the performance and the general acceptability of each probationer to determine if the probationer is fully qualified for permanent appointment.
E. 
At the end of each month during the probationary period, the Chief of Police shall make a written evaluation related to the performance and general acceptability of the probationer.
F. 
Each monthly evaluation report shall be reviewed with the probationer, thereby giving them an opportunity to improve upon their performance and general acceptability.
G. 
The Chief of Police shall make a final report no less than 20 days and no more than 40 days prior to the end of the probation period for each probationer.
H. 
The final report shall contain a final recommendation as to whether the probationer should be offered permanent appointment.
I. 
All reports shall be submitted by the Chief of Police to the Municipal Manager upon completion of the report.
J. 
The Municipal Manager shall review the Police Chief's final report, as well as any monthly reports the Municipal Manager deems necessary, prior to the expiration of the probationer's probationary period in order to make a decision regarding permanent appointment.
K. 
If the Municipal Manager finds that at the end of the six- to twelve-month probationary period the conduct of the probationer has not been satisfactory, the probationer shall be notified in writing, within 10 days of its decision and prior to the expiration of the probationary period that the appointment will not be permanent. At that time, a newly hired employee's employment shall end, and a promoted officer shall return to a previous rank.
L. 
Any employee who is not informed in writing that their performance has been unsatisfactory shall receive a permanent appointment to the new position.
M. 
Any probationer who is notified in writing that their appointment will not be made permanent has no rights of appeal under these Rules and Regulations.
A. 
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 eligible list for such appointment, the Municipal Manager may nominate a person to the Commission for noncompetitive examination, and such nominee may be certified by the Commission as qualified after such noncompetitive examination, and may be appointed provisionally to fill such vacancy, provided that nothing within this section shall prevent the appointment, without examination, of the persons temporarily as police officers in cases of riot or other emergency.
B. 
In the event of a provisional appointment, it shall thereupon become the duty of the Commission, within three weeks, to hold a competitive examination and certify a list of those eligible and then a regular appointment shall be made from the name or names submitted by the Commission.