In addition to the reasons stated in these rules and regulations
as grounds for removal, the name of any person appearing on the furlough
list or an eligible list shall be removed from such list by the Commission
if such person:
A. Is appointed to a position in the Police Department of the Borough;
B. Requests removal from the list in writing;
C. Declines an appointment to a position in the Police Department of
the Borough;
D. Fails to make written reply to the Commission within seven calendar
days from the date of mailing of a notice of appointment in the case
of initial appointment or failure to make reply to the Commission
within 30 calendar days from the date of mailing of a notice of reinstatement
from furlough;
E. Indicates availability for appointment and is appointed to fill a
vacancy but fails to report for duty at the time prescribed by the
appointing authority, unless, in the opinion of the appointing authority,
such person can show good and sufficient reasons for failing to report.
In the case of a new hire from an eligibility list reporting for duty
means reporting for a medical and/or psychological examination.
In the case of 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 §
A296-50.
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 physical examination which may include a drug screen by the appropriate medical experts. If the candidate successfully passes the physical and psychological examinations, then that employee 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 physical and psychological examinations. The Commission adopts the medical and psychological requirements of the M.P.O.E.T.C. Failure to pass either examination shall result in the candidate being rejected from consideration. The rejected candidate may appeal this decision with under §
A296-27. The Commission shall then certify another name to be included with the two previously certified names for consideration by the appointing authority pursuant to §
A296-43.
Every successful applicant to the position of patrol officer or a new promotional position with the Police Department shall serve a twelve-month probationary period. During the probationary period, a newly hired officer may only be dismissed for cause for the reasons set forth in §
A296-26. A promoted officer, during his probationary period, may be returned to his prior rank only for cause for the reasons set forth in §
A296-26. 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 he will not receive a permanent appointment. At that time, a newly hired officer's employment shall end, and a promoted officer shall return to his previous rank. Any officer who is informed, in writing, that he will not receive a permanent appointment 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, he may be appointed provisionally to fill
such vacancy. It shall thereupon become the duty of the Commission
within six weeks to hold a competitive examination and certify a list
of eligible 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.