[Res. 85-8. Passed 2-19-1985; Ord. 337. Passed 1-13-1997; Ord. 388.
Passed 8-6-2001; Ord. 421. Passed 4-22-2004; Ord. 444. Passed 3-5-2007]
(a) Applications and Qualifications.
(1)
Eligibility for Examination. In order to be
eligible for participation in any examination for any patrol officer
position with the Police Department, every applicant must submit a
completed application form before the deadline stated for that specific
examination. The application must be completed truthfully. The applicant
is subject to the penalties of 18 Pa. C.S.A. § 4904 relating
to unsworn falsification to authorities.
(2)
Discrimination. The Township is an equal opportunity
employer. It is the Township's policy to grant equal employment opportunities
to qualified persons without regard to race, religion, color, national
origin, gender, age, veteran's status, marital status or non-job-related
physical or mental handicap or disability. The Township will provide
equal opportunities in employment and promotion.
(3)
Availability. The Township may administer a
test exclusively for Lower Gwynedd Township or the Township may administer
a test in conjunction with other municipalities. Application forms
will be available to all interested persons in the office of the Township
Manager or in other offices as designated by the Township, on the
Township internet website, or from other municipalities participating
in the same test.
(4)
General Qualifications for All Applicants. In
accordance with the Rules and Regulations of the Commonwealth of Pennsylvania's
Municipal Police Officers' Education and Training Commission and Lower
Gwynedd Township, every applicant for any patrol officer position
shall:
A.
Have reached their 21st birthday before the
deadline for submitting completed applications.
B.
Be a United States citizen at the time of appointment.
C.
Be free from convictions of disqualifying criminal
offenses.
D.
Possess a high school diploma from an accredited
high school or a graduate equivalency diploma (GED).
E.
Have successfully completed the Act 120 Municipal
Police Officers' Education and Training certification program. (Applicants
currently enrolled in an Act 120 Academy or who meet eligibility requirements
for a Waiver of Training may apply for the position, but must receive
MPOETC certification prior to appointment.)
F.
Be physically and psychologically capable of
performing the duties of a police officer.
G.
Possess a valid motor vehicle operator's license
issued by the Commonwealth of Pennsylvania prior to appointment.
H.
Be able to read at no less than the ninth grade
level (MPOETC requirement).
(5)
Rejection of Applicant. The Township 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 for examination prescribed in these rules and regulations
for the particular position for which the applicant has applied. Any
rejected applicant may request reconsideration of the decision by
writing to the Township Manager within 10 days of the notice of rejection.
(6)
Recording and Filing Applications. The Township
may administer an entry level police test exclusively for Lower Gwynedd
Township, or the Township may enter into an agreement with multiple
municipalities to administer said test. In either case, applications
for positions in the Police Department shall be received at the Lower
Gwynedd Township Building or at a designated municipality only after
a hiring test has been properly advertised and before the deadline
for receiving applications which must be set forth in the public advertisement.
The advertisement shall specify the deadline date and time for acceptance,
the location to which the application must be sent and any other pertinent
information required to insure the applicant has submitted a completed
application. Upon receipt of a completed application by the designated
municipality, the application shall be recorded and the applicant
shall receive notice of the date, time and location for the testing
procedure, the written examination. Any application containing material
errors or omissions may, at the discretion of the Township, be returned
to the applicant for correction prior to the deadline for filing the
application after which no new applications or amended applications
will be accepted.
(b) Examination and Grading Procedure.
(1)
General Examination Requirements for the Position
of Police Officer. The examination for the position of Police Officer
will consist of a written and an oral examination which will be graded
on a one-hundred-point scale with the written examination representing
50% of the final score and the oral examination representing 50% of
the final score. In addition, each qualified applicant will undergo
a physical fitness test and a background investigation. These tests
will be graded on a pass/fail basis for each applicant. After an applicant
has been extended an offer of employment, final appointment shall
be contingent upon the applicant passing a physical, psychological
and polygraph examination.
(2)
Written Examination. The written examination
shall be graded on a one-hundred-point scale. An applicant must score
70% or higher and receive one of the 20 highest scores, including
ties, in order to continue in the application process. Applicants
scoring less than 70% or not receiving one of the top 20 highest scores
shall be rejected. Within 30 days after the administration of the
written examination, the applicants with the 20 highest scores, plus
ties, shall be given written notice of their test results and shall
be scheduled for a physical fitness examination. Written test scores
for all applicants will be available for viewing at the Township Building.
(3)
Physical Fitness Examination. Applicants scheduled
for a physical fitness examination will be furnished with a copy of
the examination requirements. The requirements for the physical fitness
examination shall:
A.
Meet the minimum standards for physical fitness
for a police officer as established by the Municipal Police Officers'
Education and Training Commission.
B.
Meet the minimum standards required to perform
the essential duties of a police officer in Lower Gwynedd Township.
(4)
Background Investigation. The Township shall
request the Chief of Police or the Chief's designee to conduct a background
investigation on each applicant. The background investigation shall
be conducted, at a minimum, following the background investigation
guidelines required by the Pennsylvania Municipal Police Officers
Education and Training Commission, Act 120, as amended. These minimum
guidelines shall include, but are not limited to, a criminal history
check, driving record check, credit history check and personal interviews
with persons having personal knowledge of the applicants' background
and work history. Additionally, each applicant shall complete a personal
data questionnaire. Upon completion of the questionnaire, the applicant
will meet with a designee of the Chief to review the information in
the questionnaire for accuracy and truthfulness. The applicant may
be interviewed directly when the information collected during the
background investigation requires clarification or explanation. After
the background investigation is completed, the Chief or designee shall
make a written recommendation as to whether or not the applicant is
appropriate for consideration for appointment as a police officer.
The Township Manager shall make the final determination on whether
the information collected during the background investigation warrants
rejection of the candidate.
(5)
Oral Examination. Every applicant who received
one of the top 20 scores, including ties, and scored 70% or higher
in the written examination and passed the physical agility test shall
be given an oral examination which will be graded on a one-hundred-point
scale, with a score of 70% or higher necessary for passing. The oral
examination shall involve questioning applicants on how they would
handle situations relevant to police work. The oral examination represents
50% of the final score. Within 30 days after the applicants' oral
examination, they shall be informed of the score in their oral examination
and total overall score.
(c) Certification of the list of eligibles and appointment.
(1)
Creation of Eligibility List. At the completion
of the examination requirements set forth above, written examination,
physical fitness test, background investigation and oral examination,
the interview committee 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. In the case of tied scores, then the applicants shall
be ranked in alphabetical order by surname. The eligibility list will
remain in effect for at least 12 months from the date of its adoption
by the Board of Supervisors. The Board of Supervisors may, at its
sole discretion, before the original expiration date, by vote of a
majority of members, at a duly authorized meeting, extend the list
for up to 12 months. The Board of Supervisors may, at its discretion,
void an eligible list at any time for an appropriate reason.
(2)
Appointment.
A.
The Board of Supervisors 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 or psychological examinations, no other testing shall
be required for a furloughed employee or a rehired or reappointed
employee.
B.
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 the Chief of Police,
shall be filled only in the following manner:
1.
The interview committee shall certify three
names from the list of eligibles.
2.
If the three names are not available, then the
interview committee shall certify the name(s) remaining on the list
of eligibles.
3.
The Board of Supervisors 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 eligible for veteran's preference, that applicant
shall be selected.
(3)
Physical, Psychological and Polygraph Examinations.
The Board of Supervisors shall make an offer of employment to the
selected applicant with final appointment being contingent upon the
candidate successfully passing a physical, psychological and polygraph
examination. Failure to successfully pass any of these examinations
shall result in the candidate being rejected from further consideration.
A.
Physical Examination. The Municipal Police Officers'
Education and Training Commission establish the standards for the
administration of physical examinations. An applicant will be sent
to a licensed medical professional meeting MPOETC certification standards
who will conduct a physical examination in accordance with MPOETC
requirements. The medical professional shall submit the appropriate
MPOETC form to the Township indicating that the applicant meets the
requirements to be considered physically capable of performing the
duties of a police officer. Applicants will be furnished with a copy
of the physical examination requirements.
B.
Psychological Examination. The Municipal Police
Officers' Education and Training Commission establish the standards
for the administration of psychological examinations. An applicant
will be sent to a licensed medical professional meeting MPOETC certification
standards who will conduct a psychological examination in accordance
with MPOETC requirements. The medical professional shall submit the
appropriate MPOETC form to the Township indicating that the applicant
meets the requirements to be considered psychologically capable to
exercise appropriate judgment or restraint in performing the duties
of a police officer. Applicants will be furnished with a copy of the
psychological examination requirements.
C.
Polygraph Examination. A polygraph examiner
shall administer the polygraph test based on information provided
in the applicant's personal data questionnaire, information obtained
during the background investigation and from information gained during
pre-test and post-test interviews with the applicant. The examiner
shall notify the Chief of Police or his designee if deception is indicated
or the examiner believes that the applicant is withholding information.
The Chief shall review the information in question and, if appropriate,
permit the applicant with the opportunity to provide reliable and
verifiable proof to refute the examiners conclusion. The Chief may
also conduct a further investigation into the facts and circumstances
regarding the information in question. If the situation or information
in question cannot be satisfactorily resolved by the applicant or
upon the Police Department investigation, then the Chief shall notify
the Township Manager. The Township Manager shall make the final determination
as to whether the applicant should be retested, a further investigation
conducted or declare the applicant as failing the test.
(4)
Probationary Period. Every successful applicant
to the position of patrol officer with the Police Department shall
serve a twelve-month probationary period. At any time during the probationary
period, the probationary officer may be terminated for unacceptable
performance or behavior. The probationer shall be notified in writing
that the appointment will not be permanent and that their employment
shall end. Any officer who is not informed in writing that his or
her performance has been unsatisfactory shall receive a permanent
appointment to the new position.
[Res. 96-20. Passed 6-10-1996]
(a) In addition to any other statutorily permitted warrantless
arrest, officers of the Lower Gwynedd Township Police Department shall
be permitted to effect a warrantless arrest of a person violating
the following provisions of Title 18 of the Crimes Code:
(1)
Section 5503 (relating to disorderly conduct).
(2)
Section 5505 (relating to public drunkenness).
(3)
Section 5507 (relating to obstructing highways
and other public passages).
(4)
Section 6308 (relating to purchase, consumption,
possession or transportation of liquor or malt or brewed beverages).
(b) Local police officers shall be governed by
(1)
Rule 71, Pennsylvania Rules of Criminal Procedure
(Procedure following arrest without warrant).
(2)
All of the following requirements:
A.
The officer has probable cause to believe that
one of the specified crimes is involved.
B.
The defendant's conduct is ongoing.
C.
The conduct constituting the crime is upon the
officer's view.
D.
The conduct imperils the personal security of
any person or endangers public or private property.
(c) Following any such warrantless arrest:
(1)
The arresting officer(s) shall immediately transport
the defendant(s) to the Township Police Department for processing
and issuance of a citation.
(2)
The defendant shall be processed without unnecessary
delay and furnished a copy of the citation.
(3)
The defendant will then be released, provided
that he/she is no longer in a position to imperil his/her personal
security or the personal security of another.
(4)
In the case of juvenile defendants:
A.
Timely attempts shall be made to contact a parent,
guardian or other responsible adult who shall have an interest is
such juvenile.
B.
The juvenile shall be promptly released to a
parent, guardian or other responsible adult after completion of processing
and the issuance of a citation.
C.
If, after a period of six hours, a parent, guardian
or other responsible adult cannot be contacted, or such shall refuse
to accept custody, the officer shall contact the Juvenile Probation
Department to arrange shelter for such juvenile.
[Added 4-13-2021 by Ord. No. 526]
(a) Definitions. The following words and phrases, when used in this §
244.03, shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
ACT 57
Act of July 14, 2020, P.L. 613, Session of 2020, No. 2020-57,
as amended.
APPLICANT
A person applying for employment as a law enforcement officer
or for a position leading to employment as a law enforcement officer.
CHIEF
The Lower Gwynedd Township Chief of Police.
COMMISSION
The Pennsylvania Municipal Police Officers' Education and
Training Commission.
DEPARTMENT
The Lower Gwynedd Township Police Department.
EMPLOYMENT INFORMATION
Written information in connection with job applications,
performance evaluations, attendance records, disciplinary actions,
and eligibility for rehire.
DISCIPLINARY ACTION
Disciplinary action in which a law enforcement officer voluntarily
accepts discipline or, in the case of appeal by the disciplined officer,
disciplinary action in which the appeal has been exhausted or resolved
by settlement agreement, arbitration or other dispute resolution mechanism.
[Amended 6-28-2022 by Ord. No. 530]
LAW ENFORCEMENT AGENCY
A law enforcement agency in this commonwealth that is the
employer of a law enforcement officer.
LAW ENFORCEMENT OFFICER
The definition shall have the same meaning as the term "peace
officer" under 18 Pa.C.S.A. § 501 (relating to definitions).
TOWNSHIP
Lower Gwynedd Township and its designees.
(b) Background
Investigations. A background investigation shall be conducted by the
Township and/or the Department before an applicant is offered employment.
A background investigation must comply with all applicable requirements
of Act 57. However, the Township may, at any time, establish standards
in excess of Act 57's standards if such standards are not contrary
to applicable law. The Department shall revise General Order 1.5 to
comply with the terms of this chapter and any subsequent amendments
thereto. The Township Manager shall make the final determination on
whether the information collected during the background investigation
warrants rejection of the candidate.
(c) Full
Disclosure. In performing a background investigation, the Township,
the Department, or their respective designees shall request full disclosure
from all law enforcement agencies which had previously employed the
applicant of all available employment information, following the procedure
set forth in Act 57 or as otherwise specified by the Commission. If
a law enforcement agency refuses to disclose employment information
to the Department in accordance Act 57, the Board of Supervisors may
petition the Commonwealth Court seeking an order directing the disclosure
of the employment information. An applicant must disclose if employment
information is subject to a confidentiality agreement between the
applicant and a law enforcement agency, in which event the applicant
shall disclose to the Department the existence of such an agreement.
(d) Separation
Disclosure.
(1) Waiver Required.
A. An applicant shall provide to the Department, upon an offer of employment,
a signed waiver expressly allowing the Department to contact the Commission
to seek a copy of any separation record.
B. The waiver shall consist of a form developed by the Commission and
made available by the Commission on its website or otherwise.
C. The Department shall provide the signed waiver to the Commission.
(2) Separation Records Required. The Department shall not hire or extend
an offer to hire an applicant until the Department receives a copy
of the separation record or certification of no separation record
from the Commission.
A. If the Department hires an applicant whose separation records include
any of the following, the Department shall file a report with the
Commission that sets forth the Department's reasoning and rationale
for hiring the applicant:
1. Disciplinary action and/or a judicial finding based on any of the
following:
[Amended 6-28-2022 by Ord. No. 530]
(H)
Coercion of a false confession;
(J)
A judicial finding of dishonesty; and
(K)
Planning and/or participating in one or more acts of insurrection
or obstruction to the laws of the United States, any individual state
or territory, or any political subdivision thereof.
2. A criminal conviction relating to conduct described in Paragraph
(d)(2)A1 above.
(e) Separation
Records.
(1) Prior to extending an offer of employment, the Department shall access
and review all available separation records maintained by the Commission.
(2) In addition to any other employment information required to be maintained
under current law and regulation, the Department shall maintain the
following separation records for each law enforcement officer employed
by the Department:
A. Records of the reason or reasons for, and circumstances surrounding,
a separation of service, on a form developed by the Commission and
made available on its publicly accessible internet website.
B. Records of all criminal charges filed against a law enforcement officer.
C. Records of all civil or ethical complaints made against a law enforcement
officer.
D. Records of the disposition of all charges and complaints, including
disciplinary actions taken by the Department against a law enforcement
officer, including imposition of probationary or other conditions
related to employment.
[Amended 6-28-2022 by Ord. No. 530]
(3) A law enforcement officer may review a separation record upon the
request of the law enforcement officer on a form developed by the
Commission and made available on the Department's publicly accessible
internet website.
(4) If a law enforcement officer disagrees with the accuracy of the contents
of a separation record, the law enforcement officer may request the
correction or removal of the portion of the record believed to be
incorrect. The request must be made, in writing, using a form developed
by the Commission and available on the Commission's publicly accessible
internet website. The Department shall provide written reasons for
correction or removal of a portion of the record, or of the refusal
to do so.
(5) If the Department and a law enforcement officer cannot reach an agreement
on the contents of the record, the law enforcement officer may submit
a written statement explaining the law enforcement officer's position
and the basis for the disagreement. The statement shall be kept with
and part of the separation records required by Act 57.
(6) Within 15 days of the separation of a law enforcement officer, the
Department shall submit the separation records to the Commission.
(f) Disclosure
of Separation.
(1) Waiver Required.
A. An applicant shall provide to the Department, upon an offer of employment,
a signed waiver expressly allowing the Department to contact the Commission
to seek a copy of any separation record.
B. The waiver shall consist of a form developed by the Commission and
made available by the Commission on its website or otherwise.
C. The Department shall provide the signed waiver to the Commission.