[Amended 3-4-2008 by Ord. No. 828, approved 3-4-2008; 5-23-2019 by
Ord. No. 931, approved 5-23-2019]
A.Â
At the completion of the examination requirements set forth in Article IV, written examination, oral examination, background investigation and physical fitness test, the Commission shall rank all passing applicants for police officer 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 points shall have those points added to their passing score prior to being ranked on the eligibility list.
B.Â
For promotional positions, fulfilling the performance requirement set forth in § 9-20 is also required. 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 applicants shall be ranked in alphabetical order by surname.
C.Â
The
eligibility list shall 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, 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.
A.Â
The appointing authority of the Borough may fill any
vacancy in an existing position in the Police Department which 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. Except
for physical and psychological examinations, no other testing shall
be required for a furloughed employee or a rehired or reappointed
employee.
B.Â
If no furlough list exists or if positions remain
to be filled after all of the officers on the furlough list were offered
reemployment, every position, except that of Chief of Police, shall
be filled only in the following manner:
(1)Â
The appointing authority of the Borough 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.
(2)Â
If three names are not available, then the Commission
shall certify the name(s) remaining on the list.
(3)Â
The Borough Council shall make an appointment from
one of the three names certified, with reference to the merits and
fitness of the candidates. However, for initial appointment to the
position of police officer, when one of the three applicants on the
certified list is a veteran, that applicant shall be selected.
(4)Â
The Borough Council may, at its sole discretion, appoint
any applicant who has passed the required examinations for appointment
although the applicant's name does not appear on the certified list
of three when the applicant qualifies for veterans' preference.
C.Â
The Borough Council may object to one or more of the persons certified for the reasons set forth in § 9-21 of these rules and regulations. If the candidate to whom the Borough Council objects fails to timely exercise the rights of appeal under § 9-23 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 and that person may only be removed from the position of Chief of Police for the reasons set forth in § 9-39.
[Amended 2-4-2003 by Ord. No. 767, approved 2-4-2003; 3-4-2008 by Ord. No. 828, approved 3-4-2008]
After the appointing authority selects a candidate from the certified list of three for appointment to the vacant position, that candidate shall submit to a psychological and physical examination by the appropriate medical experts. If the candidate successfully passes the physical and psychological examinations, then that applicant shall be appointed to the vacant position in the Police Department for which the application was submitted. The appointment shall be contingent upon successfully passing both the medical and psychological examinations. Failure to pass either examination shall result in the candidate being rejected from consideration. The rejected candidate may appeal this decision under § 9-23. The Commission shall then certify another name to be included with the two previously certified names for consideration by the appointing authority pursuant to § 9-34. The physical examination shall include a vision and hearing test as described below:
A.Â
The applicant shall pass a hearing test, including
an audiometer test.
B.Â
The applicant shall pass a vision test with the following
requirements:
(1)Â
In the dominant eye without correction: 20/70 or better.
(2)Â
In the weak eye without correction: 20/200 or better.
(3)Â
In the dominant eye with corrective lenses, if necessary:
20/20 or better.
(4)Â
In the weak eye with corrective lenses, if necessary:
20/24 or better.
(5)Â
Normal color vision, depth perception and field of
vision.
C.Â
The applicant shall also be subject to physical examination
to certify that the applicant is free from addictive or excessive
use of either alcohol or drugs, which shall be determined using current
laboratory test procedures. The applicant shall also be subject to
physical examination to certify that the applicant is free from the
use of illegal controlled substances, which shall be determined using
current laboratory testing procedures. Failure to obtain certification
that the applicant is free from addictive or excessive use of either
alcohol or drugs and illegal controlled substances shall result in
the applicant being rejected from consideration.
D.Â
The physical examination may include, but not be limited
to, physical examination by a licensed physician who shall examine
the applicant to determine whether the applicant meets the physical
examination elements set forth in the Municipal Police Officers' Education
and Training Commission’s Rules and Regulations for Officer
Certification.
E.Â
The psychological examination may include, but not
be limited to, psychological examination elements set forth in the
Municipal Police Officers' Education and Training Commission's Rules
and Regulations for Officer Certification.
[Amended 3-4-2008 by Ord. No. 828, approved 3-4-2008; 5-23-2019 by
Ord. No. 931, approved 5-23-2019]
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. For newly hired police officers the probationary period shall commence on the date of hire. Also, during the probationary period a newly hired officer may be dismissed for cause, which includes but is not limited to the reasons set forth in § 9-21. During the probationary period, a written evaluation report will be provided quarterly to each and every probationary officer. 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, or a promoted officer shall return to a previous rank. Any officer who is not informed in writing that their performance has been unsatisfactory shall receive a permanent appointment to the new position. Any probationer who is notified in writing that appointment will not be made permanent has no rights of appeal under these rules and regulations.
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 Borough Council
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. It shall thereupon become the duty of the Commission
within three weeks to hold a competitive examination and certify a
list of eligibles and then a regular appointment shall then be made
from the name or names submitted by the Commission, provided that
nothing within this section shall prevent the appointment, without
examination, of persons temporarily as police officers in cases of
riot or other emergency.