[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 4-10-1961 as Ord. No. 772. Amendments noted
where applicable.]
The Police Department of the Borough of Ephrata,
as heretofore established, is hereby continued and confirmed.
[Amended 2-9-1976 by Ord. No. 1008; 4-8-1996 by Ord. No. 1279; 7-11-2011 by Ord. No. 1474]
A.Â
The
Police Department heretofore established and hereby confirmed shall
hereafter be composed of a Chief of Police who shall, under the direction
of the Mayor, be in charge of the Department.
B.Â
Subordinate
to the Chief of Police, in the Police Department, the following classifications
are hereby established: Lieutenant, Sergeant and patrolman, or those
of such classifications to which the Borough Council shall, at any
specific time, have appointed one or more police officers. The order
of authority among such subordinate classifications shall be in the
order above listed. The number of persons to serve in each of such
subordinate classifications on a full-time and/or part-time basis
and the compensation of each shall be as determined by the Borough
Council from time to time.
C.Â
The hiring of patrolmen and promotions to ranks other than the Chief
of Police shall be made pursuant to rules and regulations of the Police
Civil Service Commission of the Borough of Ephrata, which shall be
approved by resolution of the Borough Council from time to time and
shall be in accordance with applicable provisions of the Pennsylvania
Borough Code.
D.Â
All applicants for positions selected by Borough Council from the
eligibility list submitted by the Police Civil Service Commission
of the Borough of Ephrata shall receive a conditional offer of employment
as follows:
(1)Â
The offer of employment shall be conditioned upon the conditional
appointee undergoing a physical and psychological medical examination
and a determination that the conditional appointee 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 examinations shall be under the
direction of a psychiatrist or psychologist.
(2)Â
The physician or other qualified medical professional and the psychiatrist
or psychologist shall be appointed by Borough Council and 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 of the essential functions of the position for which
the person was conditionally appointed.
(3)Â
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 a position, a person designated by Borough 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.
(4)Â
If, at the conclusion of the interactive discussion under Subsection D(3), Borough Council determines that the conditional appointee is not qualified, Borough Council shall give written notice to the conditional appointee and the Commission.
(5)Â
No physical or psychological medical examinations are authorized
prior to conditional appointment.
(6)Â
MEDICAL EXAMINATION
PHYSICIAN
QUALIFIED MEDICAL PROFESSIONAL
As used in this Subsection D, the following definitions shall apply:
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 functions of the position.
An individual as defined in the Pennsylvania Statutory Construction
Act, 1 Pa.C.S.A. § 1991, as amended.
An individual, in collaboration with or under the supervision
or direction of a physician, as may be required by law, who is licensed:
(a)Â
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,"
or the act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic
Medical Practice Act"; or
(b)Â
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."
[Amended 2-9-1976 by Ord. No. 1008]
Nothing herein contained shall affect the authority
of the Mayor to appoint special police during emergencies.
