The Police Department of the Borough of Green Tree, as heretofore
established, shall be for the purpose of keeping peace and order and
for the enforcement of law in the Borough of Green Tree.
Subject to the civil service provisions established before and
after the effective date of this Charter, Borough Council may appoint
and remove, or promote or suspend or reduce in rank, one (1) or more
suitable persons, citizens of the United States of America, as Borough
policemen.
A.Â
Police employed by the Borough, including full-time police, special
police, special school police, part-time police and auxiliary police,
shall have all the powers and protection conferred by statute and
ordinance upon members of the Police Force of the Borough and upon
constables of the Commonwealth of Pennsylvania. They shall have the
power to make lawful searches, seizures and arrests for violation
of any statutes or ordinances or other laws enforced by the Borough,
to serve subpoenas, when ordered to do so by their superior officers,
and to do such other acts as may be required of them by statute or
ordinance.
B.Â
The police shall have the authority to serve and execute all criminal
processes for the violation of municipal ordinances which may be issued,
and when serving and executing such criminal processes or subpoenas,
shall charge the same fees and costs as constables of the Borough,
but such fees and costs shall be collected by the Borough Manager
and paid into the Borough Treasury.
The Department shall be under the jurisdiction and sole control
of the Mayor. The Mayor may, for cause and without pay, suspend any
policeman until the next succeeding regular meeting of the Council,
at which time and thereafter the Council may, subject to the civil
service provisions applicable to the police, if they be in effect
at that time, suspend, discharge, reduce in rank or reinstate with
pay such policeman. In any case where the Council has reinstated a
policeman after having been suspended by the Mayor, the Mayor shall
not thereafter suspend any such policeman for reasons arising from
the same act for which the first suspension was made or for the reasons
that the Council, in reinstating such policeman, shall have determined
not to be grounds for suspension.
The full-time police, as well as any special police, special
school police, part-time police and auxiliary police, shall only receive
such compensation as shall be fixed by the Borough Council. However,
special police, special school police, part-time police and auxiliary
police shall not come within the provisions of any civil service laws
or regulations applicable to police and shall not be entitled to participate
in any police pension plan or plans or other programs or plans affording
benefits now in effect or hereafter effective, but shall be entitled
to indemnification as provided in Section 1202.
Borough Council may appoint qualified part-time police and fix
their compensation as set forth in Section 1305 above. While on duty,
such part-time police shall be under and subject to the directions
of the Mayor and superior officers.
A.Â
The Council may appoint special school police who shall have the
duty of controlling and directing traffic at or near schools, and
they shall be in suitable and distinct uniform, display a badge or
other sign of authority.
B.Â
While on duty, special school police shall be under and subject to
the direction of the Mayor or their superior officers.
C.Â
Auxiliary policemen, special policemen and/or part-time policemen
may be designated to serve as special school police.
The Mayor may appoint special police with full police powers
and jurisdiction for the duration of an emergency in which the safety
and welfare of the municipality or the public is endangered. They
shall serve at the pleasure of the Mayor and, while on duty, shall
be under and subject to the direction of the Mayor and their superior
officers.
Auxiliary police may be appointed as provided by general law.
While on duty, they shall be under and subject to the direction of
the Mayor and their superior officers.
A.Â
Provisions of all civil service laws heretofore or hereafter enacted
by the General Assembly for the benefit of police shall be continued
in full force and effect, and all full-time policemen appointed after
the effective date of this Charter by the Borough Council shall, after
the probationary period, be subject to the established civil service
provisions.
B.Â
The Civil Service Commission of the Borough of Green Tree shall continue
in office and shall continue to function in accordance with applicable
law, as amended from time to time.
C.Â
No full-time policeman shall, after the effective date of this Charter,
be suspended, removed or reduced in rank as a paid employee in the
Police Force, except in accordance with the provisions of the applicable
civil service laws. However, all other police, including, but not
limited to, special police, special school police, part-time police,
auxiliary police and the Chief of Police, shall serve at the pleasure
of the appointing authority and may be suspended, removed or reduced
in rank, with or without cause and without regard to the provisions
of the civil service laws applicable to full-time police.
D.Â
Moreover, nothing in this section shall apply to retirement nor shall
anything herein prevent the Borough Council from adopting a compulsory
retirement age for its police employees or for any class or classes
thereof and from retiring all such employees automatically when they
reach such age.
E.Â
Notwithstanding the foregoing, the Chief of Police shall not be entitled
to or covered by civil service provisions.
Every position or employment in the Police Force as full-time
police, except that of Chief of Police, or the equivalent shall be
filled only in accordance with civil service provisions of existing
law, its amendments and supplements thereto.
