As used in this article, the following terms
shall have the meanings indicated:
An application to a higher authority for review of a grievance
submitted or instituted by an employee.
Leave from work in lieu of monetary payment for overtime.
The primary organizational unit which is under the immediate
charge of a department head reporting directly to the Manager.
Separation from Township employment for cause.
The involuntary, nondisciplinary separation of an employee
from his position.
An approved absence from work.
Employment of any kind engaged in by a Township employee
for which compensation or value is received from a source other than
the Township.
Authorized time worked by a full-time employee in excess
of his total normal working hours per week.
An employee who has completed his designated probationary
period and occupies a permanent full-time position.
A set of duties and responsibilities requiring the full-time
employment of one person for 35 or more hours per week on a regular
schedule throughout the year.
An employee who has completed his designated probationary
period and occupies a permanent part-time position.
A set of duties and responsibilities requiring the part-time
employment of one person for at least 18 hours but less than 35 hours
per week on a regular schedule throughout the year.
A newly appointed employee who has not completed his designated
probationary period for the position he occupies.
A trial period in which a new employee is required to demonstrate
his fitness for the position prior to receiving permanent status.
Reappointment without a probationary period of a former employee,
who resigned in good standing from the Township service, to a position
of equal or lower classification.
The temporary removal without pay of an employee from his
designated position for disciplinary purposes or pending investigation
of charges against an employee.
An employee who occupies a temporary or seasonal position.
A set of duties and responsibilities requiring the temporary
or seasonal employment of one person on either a full- or part-time
basis.
A.
Applicability. The provisions of this article shall apply uniformly to all Township employees, both police and nonpolice. With regard to the police, the provisions of §§ 5-69 and 5-70 (civil service provisions and the Police Manual) shall control, except that when the other provisions of this article are more restrictive, those provisions shall apply.
B.
Personnel policy. In order to establish an equitable
and uniform Township procedure for dealing with personnel matters
and to ensure that the best qualified persons are employed, the following
is declared to be the Township personnel policy:
(1)
Employment in the Township government shall be based
on merit.
(2)
This policy shall be uniformly, equitably and fairly
administered to the end that high employee morale is maintained, the
deserving employee's career in the Township's service is enhanced,
the unfit employee is not maintained in the Township's service and
the interests and rights of the public and the Township are properly
preserved and protected.
(3)
Positions having similar duties and responsibilities
shall be classified and compensated on a uniform basis.
(4)
Appointments and other actions requiring the application
of the merit principle shall be based on systematic evaluations, experience
and education applicable to the position involved.
(5)
Permanent status of employees shall be subject to
satisfactory behavior, satisfactory performance of work, necessity
for the performance of work and the availability of funds.
(6)
Appropriate incentives and conditions of employment
shall be established and maintained to promote efficiency and economy
in the operation of the Township government.
(7)
Individuals shall be recruited from a geographic area
as wide as is necessary to ensure well-qualified candidates for the
variances Township positions. Employment, therefore, shall not necessarily
be limited to residents of the Township. However, Township residents
shall receive first consideration in cases where residents and nonresidents
are equally qualified for a vacant position. A residency requirement
may be imposed by the Board if it is considered essential for particular
positions.
A.
Employment policy. The employment policy of the Township
shall be in keeping with accepted personnel practices not inconsistent
with Charter provisions to provide assurance that the best qualified
applicants are employed. The procedures outlined herein shall apply
to all persons who wish to obtain employment with the Township, except
former Township employees who may be reemployed to equal or lower
classifications through reinstatement with the Manager's approval.
B.
Examination process. The examination process for permanent
full-time employees may consist of written, oral and performance tests
as necessary to determine an applicant's potential for the Township
employment, an evaluation of past experience and training and a background
and character investigation. A physical examination, given by a physician
selected by the Township, shall be required as a prerequisite to employment.
C.
Appointment. Department heads are appointed by the
Manager subject to approval by the Board. Other employees shall be
appointed by their respective department heads, subject to the approval
of the Manager.
D.
Probationary period and permanent status. A newly
appointed employee shall serve a probationary period during which
time he will be required to demonstrate his fitness for his position
prior to receiving permanent status.
(1)
Probationary period. The length of the probationary
period shall be six months for nonuniformed employees and one year
for sworn police officers.
(2)
Removal of probationary employee. A probationary employee
may be removed from his position at any time during the probationary
period at the discretion of the appropriate department head and upon
approval of the Manager. Probationary employees shall not have recourse
to appeal.
(3)
Conditions of permanent employment. A probationary
employee will become a permanent employee upon the successful completion
of the probationary period, the favorable written recommendation of
the department head and the approval of the Manager.
E.
Promotions. It shall be the policy of the Township
to fill vacancies within the Township service by promotion of present
employees whenever possible. All promotional procedures shall be governed
by the Charter and this chapter.
(1)
Notice of vacancies. Notice of vacancies shall be
posted on department bulletin boards.
(2)
Criteria for promotion. An employee must possess the
qualifications as set forth in the job description for the position
to which he seeks promotion. The department head and the Manager shall
be responsible for determining whether or not an employee, other than
sworn police officers, possesses the necessary qualifications for
promotion to a particular position. Appropriate examinations may be
given to aid in this determination.
(3)
Promotional probationary period. The duration of the
promotional probationary period shall be six months.
(4)
Status during promotional probationary period. During
a promotional probationary period, a promoted probationary employee
shall retain his status as a permanent employee and shall be reinstated
to his former or to a similar position if his performance is unsatisfactory
in his new position or if he requests to be reinstated in his former
or a similar position either during or at the completion of his promotional
probationary period. After permanent status is received in his new
position, the promoted employee loses all rights to his former position.
(5)
Conditions of permanent appointment after promotion.
A promoted employee will receive a permanent appointment to his new
position upon the successful completion of a promotional probationary
period, the favorable written recommendation of his department head
and the approval of the Manager.
A.
Workweek. The workweek shall be established by the
Board.
B.
Attendance. Employees shall be in attendance at their
work in accordance with these rules and general or departmental regulations.
Accurate attendance records for each employee shall be maintained
under the direction of the Manager.
C.
Holidays. Holidays shall be observed in accordance
with contract provisions for those employees covered by formal contract
and in accordance with a schedule approved by the Board.
D.
Vacations and personal leave.
[Amended 2-23-2009 by Ord. No. 2009-03]
(1)
Vacations and personal leave shall be earned and used
in accordance with the provisions of the formal contracts for employees
covered thereunder. The Board shall establish and reflect in the Employee
Handbook vacation and personal leave credits for employees not covered
by contract.
(2)
Use and carryover.
(a)
Unless provided otherwise in accordance with the provisions of formal contracts, employees shall take their vacations and use all of their vacation time and personal leave earned on or after January 1, 2009, during the calendar year in which it was earned. Vacation time and personal leave shall not be carried over the year's end, except as provided in Subsection D(2)(b) below;
(b)
Notwithstanding the foregoing, upon good cause
shown, on recommendation by the Manager and formal, public approval
by the Board, an employee may be permitted to carry over a maximum
of two weeks vacation time earned on or after January 1, 2009, to
the following year, which two weeks vacation must be used, in its
entirety, in that year, or the time carried over shall expire;
(c)
Vacation time and personal leave that employees
have accrued prior to January 1, 2009, may remain as accrued vacation
time and shall be used and resolved in accordance with the policy
fixed therefor by the Board and reflected in the Employee Handbook.
This accrued vacation time shall be fixed and paid at the employee's
2008 wage rate even if the employee's wage rate at the time of separation
of employment is higher.
(3)
Regular, full-time employees who are separated from
the service shall be compensated for accumulated vacation and personal
leave up to the date of separation at the employee's wage rate in
effect on December 31, 2008.
E.
Sick leave. Sick leave with pay shall be granted to
all fulltime employees in the following manner:
(1)
Sick leave for employees covered by formal contract
shall be in accordance with the provisions of the contract.
(2)
Sick leave for employees not covered by contract shall
be in accordance with the policy fixed therefor by the Board.
(3)
When an absence is due to sickness or injury, the
employee may be required to furnish a physician's certificate of illness.
(4)
Physical exams may be required for employees when
deemed necessary by the Manager.
F.
Leave of absence. Leave of absence for just cause
without pay may be granted by the Manager for a period of up to 30
days. Any further leave must be granted by the Board.
G.
Jury duty. The employee shall be granted a leave of
absence for required jury duty. Such employee shall receive that portion
of his regular salary which will, together with his jury duty pay
or fees, equal his total salary for the same period.
H.
Emergency leave. Funeral leave will be allowed from
the date of death through the date of the funeral in the event of
the death of the mother, father, spouse, child, brother or sister
of an employee, and a funeral leave will be allowed for the day of
the funeral in the event of the death of a father-in-law, mother-in-law,
son-in-law, daughter-in-law, grandparent or grandchild of an employee.
[Amended 4-28-1980 by Ord. No. 80-07]
[Amended 3-27-1989 by Ord. No. 89-12]
A.
Pay-setting practices of the Township shall be based
upon applicable federal, state and local laws and upon these principles:
(1)
Positions with comparable levels of responsibility
and working conditions requiring similar skills and training shall
be within the same classification and grade.
(2)
Pay within the salary range of a grade shall be adjusted
according to performance distinctions.
(3)
Pay rates of employees shall be sensitive to the pay
of comparable positions with both public and private employers in
the region and in other markets with whom the Township must compete
to attract and retain the employees needed to sustain a successful
operation.
B.
The Board shall include in the annual operating budget
for the forthcoming year a pool of funds equal to a percentage, for
which it designates, of the aggregate basic payroll of all civilian
employees for the then current budget year.
C.
Subject to provisions of applicable collective bargaining agreements or other formal employee contracts, an employee's compensation shall be adjusted annually or at other intervals determined by the Manager, based upon the results of performance appraisals described in § 5-67.
D.
An adjustment in each employees' rate of pay shall
be made in the following manner:
(1)
Each employee's compensation ratio ("compa-ratio")
shall be first calculated by dividing an employee's current base salary
by the midpoint salary of the grade in which an employee is then classified.
(2)
The net merit increase shall next be calculated by multiplying the percentage of the aggregate basic payroll, designated by the Board and available for performance-related pay adjustments as described in Subsections D(3) and (4) (with one percent expressed as 0.01, ten percent expressed as 0.10 and so forth), by one of the following "performance factors," equal to the employee's most recent performance appraisal. Such performance factors may be adjusted from time to time by the Manager, at his discretion, when changes in job market conditions or the general economy so warrant:
|
Performance
|
Factor
| |
|---|---|---|
|
Outstanding
|
1.4
| |
|
Above average
|
1.2
| |
|
Average
|
1.0
| |
|
Below average
|
0.5
| |
|
Unsatisfactory
|
0.0
|
(3)
The amount available for merit pay adjustments for employees falling into a bargaining unit and covered under a collective bargaining agreement shall be the remainder of the total percentage of aggregate payroll described in Subsection B, subtracted by any non-merit-related across-the-board pay adjustment contained in a collective bargaining agreement covering the same budget year.
(4)
The amount available for merit pay adjustments for employees not in a bargaining unit and not covered under a collective bargaining agreement shall be the percentage of aggregate payroll described in Subsection B.
(5)
The net merit increase shall then be multiplied by
the employee's current base salary. The product derived therefrom
shall be divided by the employee's compa-ratio and the resultant figure
shall be added to the employee's current base salary. That resultant
sum shall be the employee's new base salary.
E.
The Township's 1989 Basic Pay Schedule (the "BPS")
is hereby enacted as follows:
|
1989 BASIC PAY SCHEDULE (BPS)
|
|
Grade
|
Minimum Annual Salary
|
Midpoint Salary
|
Maximum Annual Salary
| |
|---|---|---|---|---|
|
1
|
$12,794.79
|
$15,033.88
|
$17,272.97
| |
|
2
|
13,754.40
|
16,161.42
|
18,568.44
| |
|
3
|
14,785.98
|
17,373.53
|
19,961.07
| |
|
4
|
15,894.93
|
18,676.54
|
21,458.15
| |
|
5
|
17,087.05
|
20,077.28
|
23,067.52
| |
|
6
|
18,368.58
|
21,583.08
|
24,797.58
| |
|
7
|
19,746.22
|
23,201.81
|
26,657.40
| |
|
8
|
21,227.19
|
24,941.95
|
28,656.70
| |
|
9
|
22,819.23
|
26,812.58
|
30,805.96
| |
|
10
|
23,058.83
|
28,823.54
|
34,588.24
| |
|
11
|
24,788.24
|
30,985.30
|
37,182.36
| |
|
12
|
26,647.36
|
33,309.20
|
39,971.04
| |
|
13
|
28,645.91
|
35,807.39
|
42,968.87
| |
|
14
|
30,794.35
|
38,492.94
|
46,191.53
| |
|
15
|
33,103.93
|
41,379.91
|
49,655.90
| |
|
16
|
35,586.73
|
44,483.41
|
53,380.09
| |
|
17
|
38,255.73
|
47,819.66
|
57,383.60
| |
|
18
|
41,124.91
|
51,406.14
|
61,687.36
| |
|
19
|
44,209.28
|
55,261.60
|
66,313.92
| |
|
20
|
47,525.97
|
59,406.22
|
71,287.46
|
F.
The BPS shall consist of 20 grades of difficulty and
responsibility of work, with Grade 1 composed of employees occupying
positions having the lowest levels of difficulty and responsibility
and Grade 20 composed of employees occupying positions having the
highest levels of difficulty and responsibility.
G.
Each grade shall include all classifications of positions
which, although different in work or subject matter, are sufficiently
equal in terms of the level of difficulty and responsibility and the
level of skill and training required for the work as to warrant inclusion
within the range of pay set for a given grade.
H.
The basic characteristics of the BPS shall be:
(2)
The midpoint rate of pay in each succeeding grade
shall be seven and one-half percent (7 1/2%) greater than the
midpoint in each respective preceding grade. The midpoint also shall
be equal to approximately one-half of the sum of the minimum and maximum
rates of pay in that grade.
(3)
The difference between the minimum and the maximum
rates of pay in Grades 1 through 9 shall be 35%. The difference between
the minimum and the maximum rates of pay in Grades 10 through 20 shall
be 50%.
(4)
The midpoint rates of pay in each grade shall be adjusted
periodically by the Manager, with the advice and consent of the Board,
to reflect changes in the relative market value of Township positions.
The Manager may, at his discretion, participate in compensation surveys
to determine the necessity of such changes.
(5)
No employee's base salary shall at any time exceed
the maximum rate of pay established for the grade to which the employee's
position has been assigned.
(6)
An employee who has demonstrated consistently outstanding
performance or who has made a unique or unusually meritorious contribution
to the Township's operations may receive, at the Board's discretion,
appropriate commendation and/or a one-time bonus not to exceed 5%
of such employee's current base salary. Such bonus shall not be added
to that employee's base salary.
I.
New appointments to positions shall generally be made
at the minimum rate in the appropriate grade. The Manager may, at
his discretion, however, approve a higher starting rate within the
appropriate grade when special circumstances warrant, such as preexisting
pay or high or unique qualifications of the employee.
J.
For purposes of implementing this plan, each current
position shall be placed within the grade to which it has been assigned
by the Manager, provided that no employee's basic pay shall be reduced
as a result thereof. An employee's rate of pay may be increased immediately
upon this plan's adoption, within the ranges established for the appropriate
grade, if the Manager believes special circumstances warrant such.
Alternatively, an employee's rate of pay may, at the Manager's discretion,
initially be kept constant at the level in effect prior to this plan's
adoption.
K.
Any employee who is promoted to a higher grade shall
be placed in a rate of pay that is equal to or greater than such employee's
rate of pay in effect before the promotion.
L.
Subject to provisions of collective bargaining agreements,
nothing contained herein shall prohibit a department head from recommending
or the Manager from enacting a demotion, a reduction in pay or other
appropriate action for an employee whose performance is appraised
as below average or worse.
M.
The Manager's job performance and rate of pay shall
be reviewed at least once each year, or as otherwise mutually agreed
to by the Board and the Manager, either informally or formally through
a contract.
N.
Overtime and compensatory time may be authorized by
department heads and the Manager. Payment for overtime and credit
for compensatory time shall be in accordance with collective bargaining
agreements, other formal contracts, the Fair Labor Standards Act and
other applicable federal, state and local laws and policies and procedures
established by the Manager.
A.
Demotion.
(1)
A department head may demote an employee within the
department for cause subject to the approval of the Manager. A written
statement of the reasons for any such action shall be furnished by
the department head to the employee, and a copy shall be filed with
the Manager at least five days prior to the effective date of the
action.
(2)
No demotion shall be made as a disciplinary action
unless the employee to be demoted is eligible for employment in a
lower class. Any regular employee who is demoted may appeal the demotion
through the appropriate grievance procedures.
B.
Suspension. The department head may, for disciplinary
purposes, suspend without pay any employee for such length of time
as he considers appropriate, not exceeding 30 days in any twelve-month
period, subject to approval by the Manager. The Manager and the employee
shall be furnished a written statement by the department head specifically
setting forth reasons for such suspension prior to the suspension.
C.
Layoffs.
(1)
An employee may be laid off when the Manager deems
it necessary or is directed by the Board by reason of shortage of
work or funds, the abolition of the position or other material change
in the duties or organization.
(2)
The Manager shall give notice to the employee of any
proposed layoff and reasons therefor within a reasonable time before
the effective date thereof.
D.
Dismissals.
(1)
A department head may dismiss any employee for inefficiency,
misconduct, violation of the Charter or this Code or other just cause
with the approval of the Manager.
(2)
No dismissal of a permanent employee shall take effect
unless at least two days prior to the effective date thereof the Manager
gives to such employee a written statement setting forth in substance
the reasons therefor.
(3)
Any employee who is dismissed shall have the right
to appeal the dismissal in accordance with the appropriate grievance
procedures.
(4)
Dismissal of department heads shall be subject to
approval by the Board.
E.
Resignations.
(1)
To resign in good standing, an employee must give
the Manager at least 14 calendar days notice unless the Manager, because
of extenuating circumstances, agrees to permit a shorter period of
notice.
(2)
A written resignation shall be supplied by the employee
to the Manager giving reasons for leaving. Failure to comply with
this rule shall be entered on the service record of the employee and
may be cause for denying future employment with the Township.
(3)
The Manager shall notify the employee, in writing,
of the acceptance of his resignation.
G.
Issuance and return of Township property.
(1)
It is the responsibility of the department head to
keep a record of all Township property which is in the hands of employees
within his department.
(2)
An employee leaving the service, whether through retirement,
resignation, layoff or dismissal, is responsible for returning any
Township property which he may have in his possession. Upon termination,
such property must be returned to the department which the employee
is leaving. When an employee terminates his employment, the department
head shall certify to the Manager that all property has been returned.
(3)
All moneys due the employee shall be withheld until
the Manager is satisfied that all Township property has been returned.
A.
Complaints. Any employee who has a complaint shall
first notify his immediate supervisor.
B.
Grievances. In the case of employees covered by formal
contract, grievance procedures shall be those stipulated in the contract.
In the case of employees who are not covered by formal contract, grievance
procedures shall be established by the Board and circulated to the
affected employees.
[Amended 3-27-1989 by Ord. No. 89-12]
A.
Under the direction of the Township Manager (the "Manager"),
the Township shall provide a plan for classifying all positions in
the Township's employ whereby each position shall, in accordance with
its level of responsibilities, skills, training, working conditions
or other job requirements, be so grouped and identified by various
series, classifications and grades.
B.
It shall be the responsibility of the Manager, with
input from department heads or a compensation committee he selects,
to:
(1)
Determine the level of responsibilities and other
applicable criteria to consistently group a position into a series,
classification and grade.
(2)
Place in the appropriate series, classification and
grade all existing positions falling initially under this plan and
all newly created positions that may be created after the plan's adoption.
(3)
Decide from time to time whether a position is in
its appropriate series, classification and grade and change a position,
when facts warrant, from one series, classification and grade to another.
C.
Certain details of the classification system shall
be periodically distributed as follows:
(1)
The series, classification, grade and pay range for
each position shall be presented to the Board and provided to each
employee annually on or about the later of January 1, the date on
which the annual Township budget is adopted, or the date on which
a new collective bargaining agreement with civilian employees is ratified.
(2)
Changes made throughout the year to a position's series,
classification, grade, pay ranges or the standards used to determine
each shall be presented to the Board and provided to each affected
employee no later than 30 days following the implementation of such
changes.
D.
The classification process shall work as follows:
(1)
The process for designating the series, classification,
grade and pay range of any current position falling under this plan
or of any position created after adoption of this plan may be initiated
by a department head or by the Manager.
(2)
The Manager shall then approve a series, classification,
grade and pay range for each position under this plan, based upon
input from department heads or a compensation committee, if he so
chooses. The Manager's decision as to which series, classification,
grade and pay range a position is assigned shall be final, subject
only to a grievance procedure contained in any collective bargaining
agreement ratified after this plan's adoption that specifically applies
to this plan.
A.
The Manager shall maintain records necessary for the
proper administration of personnel practices and procedures.
B.
Individual personnel records shall be maintained in
confidential files which are not subject to public inspection.
C.
Requests for the disclosure of individual personnel
information will be honored only as prescribed by law or upon request
by the employee. Employees shall be informed of requests for information.
D.
The Manager shall prescribe the necessary forms for
reports of all personnel changes. Such forms shall provide space for
entering such supporting or other pertinent information as the Manager
shall deem necessary.
B.
Outside employment. Employees who wish to obtain outside
employment shall obtain prior written approval from the Manager. Employees
shall not engage in outside employment which would in any way hinder
the objective and impartial performance of their public duties, embarrass
the Township or impair their efficiency on the job. Employees who
are or have been granted permission to engage in outside employment
must sign the following waiver:
|
"The undersigned, an employee of the Township
of Radnor, Pennsylvania, does hereby waive and release said Township
from any liability because of any injury or sickness incurred by reason
of any employment accepted by the undersigned other than as an employee
of the Township. This waiver shall be binding upon my heirs, representatives
or assigns."
|
C.
Gifts and fees. Except for the annual Police and Fireman
Fund, which is collected by the Suburban and Wayne Times, and contributions
to the employees' pension or retirement funds, no employee shall accept
any money, gift, service or other thing of value from any person,
firm or corporation which to his knowledge is interested, directly
or indirectly, in any manner whatsoever in business dealings with
the Township; nor shall any employee receive any funds solicited directly
or by others. No employee shall accept any money, gift, service, favor
or other thing of value that may tend to influence him in the discharge
of his duties or grant, in the discharge of his duties, any improper
favor, service or thing of value.
[Amended 12-12-1977 by Ord. No. 77-34]
D.
Falsification of records. Any employee who, for any
reason, improperly alters, falsifies or destroys or causes to be altered,
falsified or destroyed official documents, records or files, regardless
of motive, is subject to immediate separation or other disciplinary
action.
E.
Conviction for criminal offenses. Conviction of any
crime arising to a misdemeanor or felony shall constitute a basis
for suspension or removal.
F.
Citizens' complaints. Any written complaint of a citizen
involving the conduct of an employee shall be filed with the Manager.
The Manager shall keep a file not subject to public inspection of
such complaint and the disposition thereof.
The Board may make merit and service awards
which recognize meritorious service of employees at retirement.
[Amended 3-27-1989 by Ord. No. 89-12]
A.
The Manager shall develop and maintain one or more
performance appraisal systems that:
(1)
Provide for an annual appraisal of the job performance
of every employee. Such appraisals shall be administered at least
once annually by the employee's direct supervisor and shall be reviewed
and approved by the respective department head and by the Manager.
(2)
Encourage ongoing satisfactory levels of performance
by employees.
(3)
Promote employee participation and feedback in the
performance appraisal process.
(4)
Apply the results of such performance appraisals as
a basis for paying, training, rewarding, penalizing, reassigning,
promoting, demoting, retaining and removing employees.
B.
Under procedures developed by the Manager, the performance
appraisal system shall provide for the following:
(1)
Levels of performance standards shall be established
to practically permit the accurate evaluation of job performance on
the basis of objectively developed criteria related to the job in
question, including, as a minimum, dependability, quality and quantity
of work performed. Other criteria may be added or changed at the discretion
of the Manager.
(2)
Each employee to be evaluated after this plan's adoption
shall be given a written copy of the criteria that will be used in
evaluating his job performance. Any subsequent changes made to the
appraisal criteria shall be given, in writing, to each employee in
a timely manner.
(3)
Each department head shall present to each employee
under his/her supervision, no later than on such employee's anniversary
date of hire, a written evaluation of that employee's performance
during the previous year. Newly hired employees or current employees
whose performance is judged less than satisfactory may be evaluated
after six months of service or at other intervals, at the discretion
of the department head and with the approval of the Manager. Initial
performance appraisals administered under this plan shall commence
as soon as practical following this plan's adoption, but no later
than January 1, 1990.
(4)
The Manager shall review the rating of each employee
appraised and may, at his discretion, change the rating. The Manager's
decision shall be final, subject to only those grievance procedures
in ratified collective bargaining agreements that specifically apply
to this plan.
(5)
An employee who disagrees with the rating contained
in a performance appraisal may, within five working days of the date
of receipt of such rating, appeal, in writing, to the Manager, listing
the reasons for the appeal. The Manager shall review feedback from
the employee and the respective department head and shall render a
decision within five working days; the Manager's decision shall be
final, subject to only those grievance procedures in ratified collective
bargaining agreements that specifically apply to this plan.
(6)
Each performance appraisal shall be made a part of
the employee's personnel file. The employee shall receive a copy of
each evaluation.
(7)
Subject to provisions contained in § 5-60 of this chapter and in ratified collective bargaining agreements, employees who have one or more appraisals showing less than satisfactory or below average job performance may be subject to actions, including but not limited to job training, counseling, reassignment, demotion, probation and termination.
The Board shall establish a system for the receipt
and acknowledgment of suggestions of employees for improving Township
service.
The Police Department Manual is hereby incorporated
by reference and made a part of this chapter.[1]
[1]
Editor's Note: The Police Department Manual
is on file and available for inspection in the office of the Police
Chief.
[Amended 4-13-1981 by Ord. No. 81-12; 1-28-1991 by Ord. No.
91-08; 11-23-1992 by Ord. No. 92-21; 12-9-1996 by Ord. No. 96-33; 10-23-2000 by Ord. No. 2000-25; 7-19-2004 by Ord. No. 2004-28; 6-20-2011 by Ord. No. 2011-15; 10-13-2014 by Ord. No. 2014-13; 1-5-2015 by Ord. No. 2014-16; 12-12-2016 by Ord.
No. 2016-11; 2-10-2020 by Ord. No. 2020-04; 7-13-2020 by Ord. No. 2020-14]
A.
Definition of terms; word usage.
(1)
ALTERNATE COMMISSIONER
APPLICANT
APPOINTING AUTHORITY
CERTIFICATION
CHAIRPERSON
COMMISSION
ELIGIBILITY LIST
EXAMINATION
FURLOUGH LIST
PATROL OFFICER
POLICE DEPARTMENT
POLICE OFFICER
PROBATIONER
RANK
REDUCTION IN RANK
REMOVAL
SECRETARY
SUSPENSION
VICE CHAIRPERSON
Definitions. Unless otherwise expressly stated, the following words
and phrases, whenever used in this section, shall be construed to
have the meanings indicated herein:
An individual appointed by the Appointing Authority in a
First-Class Township to serve as an Alternate Civil Service Commissioner.
Any individual who applies in writing to the Commission in
response to a legally advertised notice of vacancy and/or examination
for any position full time in the Police Department.
The Board of Commissioners of the Township of Radnor, County
of Delaware, Pennsylvania.
The submission to the Appointing Authority pursuant to its
request of the top three names taken from the Eligibility List created
by the Civil Service Commission.
The Chairperson of the Civil Service Commission of the Township
of Radnor, County of Delaware, Pennsylvania,
The Civil Service Commission of the Township of Radnor, County
of Delaware, Pennsylvania.
The series of examinations given to applicants to determine
their qualifications for a position in the Police Department.
The list containing the names of persons temporarily laid
off from positions in the Police Department because of a reduction
in the number of police officers.
For purposes of this section, an entry level sworn full-time
position in the Police Department.
The Police Department of the Township of Radnor.
A person employed by the Police Department as an Act 120
certified law enforcement officer, including a Patrol Officer, Corporal,
Sergeant, Lieutenant, Captain, Deputy Superintendent and Superintendent.
A police officer in the Police Department who has been appointed or promoted, but who has not yet completed the one-year probationary period specified in Subsection D(14).
Recognized ranks in the Police Department are Patrol Officer;
Corporal; Sergeant; Lieutenant; Captain; Deputy Superintendent; and
Superintendent.
A change to a different rank where the employee fulfilled
all of the requirements of this section for both the prior and current
rank. However, a decrease in salary without a change to a different
rank shall not necessarily constitute a reduction in rank.
The permanent separation of a police officer from the Police
Department.
The Secretary of the Civil Service Commission of Radnor.
The temporary separation without pay of a police officer
from the Police Department.
A Commissioner of the Civil Service Commission elected by
the Commissioners to preside over meetings in the Chairperson's disability,
absence or recusal.
(2)
Gender. The words he, his, him, and men when used in this section
represent both the masculine and feminine genders.
B.
The Commission.
(1)
Civil Service Commission.
(a)
The Commission shall consist of three Commissioners who shall
be qualified electors of the Township of Radnor and shall be appointed
by the Appointing Authority for an initial term of six years and with
only one reappointment, not to exceed 12 years. Any vacancy occurring
in the Commission for any reason whatsoever shall be filled by the
Appointing Authority for the unexpired term within the period of 30
days after such vacancy occurs.
(b)
Each member of the Commission, before entering upon the discharge
of the duties of his office, shall take an oath or affirmation to
support the Constitution of the United States and of the Commonwealth
of Pennsylvania and to perform his official duties with fidelity.
No Civil Service Commissioner shall receive compensation.
(c)
The Board of Commissioners may appoint no more than three qualified
electors of the Township to serve as alternate members of the Commission.
The term of office shall be six years with only one reappointment.
When serving in the stead of a Commissioner, an Alternate Commissioner
shall be entitled to participate in all proceedings and discussions
of the Commission to the full extent as provided by law for Commission
members, including specifically the right to cast a vote as a voting
member during the proceedings, and shall have all the powers and duties
set forth in the First Class Township Code and as otherwise provided
by law. Any Alternate Commissioner not serving in the stead of a Commissioner
may participate in any proceeding or discussion of the Commission
but shall not be entitled to vote as a member of the Commission unless
designated as a voting alternate member pursuant to Section 628 of
the First Class Township Code.
(2)
Offices incompatible with Civil Service Commissioner. No Commissioner
or Alternate Commissioner shall at the same time hold an elective
or appointed office under the United States government, the Commonwealth
of Pennsylvania, the Township of Radnor, or any political subdivision
of the Commonwealth of Pennsylvania, except that one member of the
Commission may be a member of the Board of Township Commissioners.
(3)
Organization of Commission; quorum.
(a)
The Commission first appointed shall organize within 10 days
of its appointment and shall elect one of its members as its Chairperson,
one as its Vice Chairperson and one as its Secretary. The Commission
shall thereafter meet and organize on the first Monday of January
year. Three members of the Commission shall constitute a quorum and
no action of the Commission shall be valid unless it shall have the
concurrence of at least two members.
(b)
If, by reason of absence or disqualification of a member, a
quorum is not reached, the Chairperson shall designate as many Alternate
Commissioners to sit on the Commission as may be needed to provide
a quorum. Any Alternate Commissioner shall continue to serve on the
Commission in all proceedings involving the matter or case for which
the Alternate Commissioner was initially designated until the Commission
has made a final determination of the matter or case. Designation
of an Alternate Commissioner shall be made on a case-by-case basis
in rotation according to declining seniority among all Alternate Commissioners.
(c)
For purposes of hiring and promoting police officers under this section, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate "matter or case" under Subsection B(3)(b), above, and each step of the hiring or promotional process need not be voted upon or approved by the same composition of Commissioners or Alternate Commissioners, as the case may be, provided that the quorum requirement has been satisfied.
(4)
Duties of Chairperson and Secretary. The Chairperson, or in his or
her absence, the Vice-Chairperson, shall preside at all meetings and
hearings of the Commission, decide all points of order or procedure
and perform any duties required by law or this section. The Chairperson
shall carry on at the direction of the Commission all official correspondence
of the Commission, send out all notices required by law and this section,
keep a record of each examination or other official action of the
Commission, and perform all other duties required by law or this section.
The Secretary shall carry on at the direction of the commission all
official correspondence of the commission, send out all notices required
by law and these rules, keep a record of each examination or other
official action of the commission, and perform all other duties required
by law or these rules.
(5)
Meetings. Except for the annual organizational meeting, all meetings
shall be held either at the call of the Chairperson or at the call
of two members of the Commission. The Commission shall have the discretion
to determine whether meetings shall be open to the public when not
specifically regulated by law or this section. The Chairman of the
Commission shall give each Commissioner and Alternate Commissioner
48 hours' written notice of each and every meeting of the Commission.
(6)
Clerks and supplies. The Appointing Authority shall furnish the Commission
with such supplies and clerical assistance as may be necessary for
the Commission to fulfill its duties. In addition, the Commission
may retain counsel, and any other consultants or experts as are necessary.
The elected and appointed officials of the Township of Radnor shall
assist the Commission with all reasonable and appropriate efforts
including compensation for any counsel or experts retained by the
Commission. Physicians, psychiatrists, psychologists and other qualified
medical professionals shall be appointed by the Appointing Authority.
(7)
Amendment of section. The Commission may recommend to the Appointing
Authority that this section be amended, revised, voided or replaced
for any reason by action of a majority of the Commission at any properly
convened meeting of the Commission. Before any changes to this section
may become effective, those changes after adoption by the Commission
must be approved by the Appointing Authority.
(8)
Minutes and records. The Commission shall keep minutes of its proceedings
and records of examinations and other official actions. All records
of the Commission shall be preserved and disposed of according to
the Retention and Disposition Schedule for Records of Pennsylvania
Municipalities issued by the Local Government Records Committee under
the authority of the Municipal Records Act, 1968 P.L. 961, Number
428, 53 P.S. § 9001. Any and all records related to any
disciplinary action filed with the Commission shall be open to public
inspection subject to reasonable regulation. The Chairperson shall
keep minutes of its proceedings showing the vote of each member upon
each question. If the member is absent or fails to vote, the Chairperson
shall indicate that fact in the minutes.
(9)
Investigations. The Commission shall have the power to make investigations
concerning all matters relating to the administration and enforcement
of this section. The Chairperson of the Commission is authorized to
administer oaths and affirmations in connection with such investigations.
(10)
Subpoenas.
(a)
The Commission shall have the power to issue subpoenas over
the signature of the Chairperson, or designee, to acquire the attendance
of witnesses and the production of records and papers pertaining to
any hearing, investigation or inquiry. The fees of such witnesses
for attendance and travel shall be the same as for witnesses appearing
in the Court of Common Pleas, County of Delaware, Pennsylvania, and
shall be paid from appropriations for the incidental expense of the
Commission. All elected and appointed officials, police officers,
and employees of the Township of Radnor shall attend and testify when
required to do so by the Commission without additional compensation.
(b)
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, upon conviction of such refusal or neglect in a
summary proceeding, that person shall be sentenced to pay a fine not
to exceed $100, and in default of the payment of such fine and cost
shall be imprisoned not to exceed 30 days.
(c)
If any person shall refuse or neglect to obey any subpoena,
the Commission may apply by petition to the Court of Common Pleas,
County of Delaware, Pennsylvania for its subpoena, requiring the attendance
of such persons before the Commission or the court to testify and
to produce any records and papers necessary, and in default thereof
shall be held in contempt of court.
(11)
Annual report. The Commission shall make an annual report to the
Township Commissioners containing a brief summary of its work during
the year which shall be available for public inspection.
C.
Applications to the Police Department.
(1)
Eligibility for examination. In order to be eligible for participation
in any examination for a position with the Police Department, every
applicant must submit a completed application form to the Commission
before the deadline stated by the Commission for that specific examination.
The applicant must make an oath or affirmation that the application
is completed truthfully, and the applicant is subject to the penalties
of 18 Pa.C.S.A. § 4904 relating to unsworn falsification
to authorities.
(2)
Nondiscrimination in employment. The Township of Radnor is an equal
opportunity employer. It is the policy of the Township of Radnor and
the Commission 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 of Radnor and the Commission
will provide equal opportunities in employment and promotion. No disciplinary
or other adverse action by the Appointing Authority or Commission
taken against a police officer covered by this section shall be based
on race, religion, color, national origin, gender, age, veteran's
status, marital status or non-job-related physical or mental handicap
or disability.
(3)
Availability. Application forms shall be available to all interested
persons in the Office of the Township of Radnor Secretary and from
such other offices and officers that the Commission, from time to
time, may choose to designate.
(4)
Age. All applicants for the position of Patrol Officer must have
reached their 21st birthday on or before the deadline for submitting
completed applications.
(5)
General qualifications for Patrol Officer.
(a)
At the time the Commission adopts the Eligibility List at a
public meeting, every applicant for the position of Patrol Officer
in the Police Department shall possess a high school diploma or equivalent.
In addition, the applicant must be presently enrolled as a student
in good standing in a Certified Municipal Police Academy or have successfully
completed Commonwealth of Pennsylvania Municipal Police Officers'
Education and Training Commission Act 120 training and thereby be
eligible for certification by the Commonwealth of Pennsylvania Municipal
Police Officers' Education and Training Commission. Furthermore, every
applicant for the position of Patrol Officer shall be a United States
citizen, be physically and mentally fit to perform the full duties
of a police officer, and possess a valid motor vehicle operator's
license at the time of appointment.
(b)
Veterans' preference points. Pursuant to the Veterans' Preference
Act, 51 Pa. C.S. § 7104(a), any applicant for the position
of Patrol Officer, whether lateral or nonlateral, who qualifies as
a "soldier" under this Act, shall have 10 points added to his total
score if he had received passing scores in all other areas of testing
and qualification. Any applicant claiming veterans' preference shall
be responsible for providing any and all relevant documents to the
Commission.
(6)
General Qualifications: Deputy Superintendent, Captain, Lieutenant,
Sergeant and Corporal.
(a)
All applicants for a promotional position shall currently be
Radnor police officers and have continuous prior service with the
Police Department of the Township of Radnor as follows:
[1]
An applicant for the position of Corporal shall have at least
three years of experience as a Patrol Officer in the Police Department
of the Township of Radnor.
[2]
An applicant for the position of Sergeant shall have at least
four years of experience as a Patrol Officer or higher rank in the
Police Department of the Township of Radnor.
[3]
An applicant for the position of Lieutenant shall have at least
six years of experience as a Patrol Officer or higher rank with the
Police Department of the Township of Radnor and two years of experience
as a Sergeant or higher rank with the Police Department of the Township
of Radnor.
[4]
An applicant for the position of Captain or Deputy Superintendent
shall have at least 10 years of experience as a Patrol Officer or
higher rank with the Police Department of the Township of Radnor and
two years of experience as a Lieutenant or higher with the Police
Department of the Township of Radnor.
(7)
Rejection of applicant. The Commission 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 this section for the particular position
for which the applicant has applied. In addition, the Commission may
refuse to examine, or if examined, may refuse to certify as eligible
any applicant who is incapable of performing all the essential functions
of the position or who has a physical or mental condition which restricts
the person's ability to perform all of the essential functions of
the position applied for, or who is a habitual substance abuser, who
is guilty of any crime involving moral turpitude, or who has been
dismissed from public service for delinquency or misconduct in office.
(8)
Public notice. The Commission shall conspicuously post, at least
three weeks prior to the deadline for accepting applications, in the
Township of Radnor Municipal Building Administration Office and the
Township of Radnor Police Department notice of the time and place
of the initial examination, together with the information as to the
type of position to be filled, the requirements for that position,
where applications may be obtained for the examination, and the deadline
for filing applications. In addition, at least three weeks prior to
the deadline for accepting applications, publication of the notice
shall occur in at least one newspaper of general circulation or a
newspaper circulating generally in the Township of Radnor.
(9)
Recording and filing applications. Applications for the position
in the Police Department to be filled shall be received at the Township
of Radnor Municipal Building Administration Office only after an examination
has been properly advertised and before the deadline for receiving
applications which must be set forth in the public advertisement.
Applications and required documents will be received by the Township
of Radnor Secretary or his/her designee in full and no portion thereof
shall be accepted. That person shall record the receipt of the application.
Applicants for the position of Patrol Officer shall submit the following
documents with the application: a photocopy of his driver's license;
a photocopy of documentation certifying receipt of his high school
diploma or equivalent; a photocopy of documentation certifying completion
of Commonwealth of Pennsylvania Municipal Police Officers' Education
and Training Commission Act 120 training; proof of citizenship; and
if Veterans' Preference is being sought, a photocopy of his/her Honorable
Discharge or DD-214 from the United States Armed Forces. Any application
containing material errors or omissions may, at the discretion of
the Commission, be returned to the applicant for correction, provided
that such action by the Commission shall not serve to extend the applicant's
filing deadline.
(10)
Hearing for disqualified applicants. If any applicant or person is
aggrieved by the refusal of the Commission to examine or to certify
the applicant as eligible after examination, the Commission shall
at the written request of the applicant, within 10 days appoint a
time and place for a public hearing, at which time the Commission
shall take testimony and review its refusal to provide examination
or certification. The hearing shall be conducted pursuant to the procedures
set forth in the Local Agency Law, 2 Pa.C.S.A. § 101 et
seq. The applicant or aggrieved party must make his request for a
hearing in writing within 10 calendar days of the date when he knew
or should have known of the Commission's action which is being challenged.
The decision of the Commission shall be final.
D.
For the examination of applicants for the position of Patrol Officer.
(1)
Hiring procedures for the position of Patrol Officer. The Commission shall have two separate procedures for screening and ranking applicants for Patrol Officer. One, for lateral transfers, will limit applicants to current Act 120 Certified Pennsylvania municipal police officers and current Pennsylvania State Troopers, in each case with at least two years of full time service as of the application filing deadline. The other, for nonlateral transfers, will be open to anyone who meets the requirements of Subsections C(4) and (5). At the time a testing cycle for a Patrol Officer is announced, the Commission shall specify whether the testing cycle is open to lateral transfers or to nonlateral transfers.
(2)
The lateral transfer examination for a Patrol Officer shall consist
of two oral examinations which will be graded on a 100-point scale
with each exam representing 50% of the final score. Both oral examinations
shall include questioning applicants regarding how they would respond
to relevant law enforcement situations and other matters which reasonably
test the applicants' ability to perform police work as a Patrol Officer.
One oral examination shall be conducted by a panel designated by the
Commission. The other examination shall be conducted by a panel designated
by the Superintendent. In addition, each applicant will undergo a
physical fitness test. This physical fitness test will be graded on
a pass/fail basis for every applicant. After an applicant has been
extended an offer of employment, final appointment shall be contingent
upon the applicant passing a medical and psychological examination
as well as passing a background investigation.
(3)
The nonlateral examination procedure for Patrol Officer shall consist
of a written and an oral examination which will be graded on 100-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 applicant will undergo a physical fitness test. This physical
fitness test will be graded on a pass/fail basis for every applicant.
After an applicant has been extended an offer of employment, final
appointment shall be contingent upon the applicant passing a medical
and psychological examination as well as passing a background investigation.
(4)
Written examination for nonlateral Patrol Officer. The written examination
for applicants for nonlateral Patrol Officer shall be graded on a
100-point scale. Only the applicants receiving a grade of 75% or higher
will continue in the application process and participate in the oral
examination. Within 30 days after the administration of the written
examination, all applicants shall be given written notice of their
test results and the passing applicants shall be scheduled for an
oral examination appointment.
(5)
Oral examination for nonlateral Patrol Officer. The applicants for
Patrol Officer who scored 75% or higher in the written examination
shall be given an oral examination which will be graded on a 100-point
scale with a score of 75% or higher necessary for passing. The oral
examination shall include questioning applicants regarding how they
would respond to relevant law enforcement situations and other matters
which reasonably test the applicants' ability to perform police work
as a Patrol Officer. Within 30 days after the applicants' oral examination,
they shall be informed of the score in their oral examination and
total overall score, and each passing applicant shall be informed
of the date for physical fitness testing.
(6)
Physical fitness testing for Patrol Officer. All applicants for the
position of Patrol Officer must pass four fitness regimens: a 300-meter
run; a series of push ups; a series of sit ups; and, a 1.5 mile run.
Written criteria for performing and passing each regimen will be approved
by the Commission when it announces the submission date for Patrol
Officer applications. Moreover, this written criteria will be included
with each application.
(7)
Background investigation.
(a)
The Commission shall request the Superintendent to arrange for
a background investigation for applicants on the eligibility list.
An investigation will be conducted on the top applicants to ensure
a sufficient certified eligibility list for each opening. The background
investigation shall include interviews with the applicant's family,
acquaintances, current and former employers, current and former neighbors,
references and current and former teachers and school officials. In
addition, the applicant's record of criminal history shall be investigated.
The applicant may be interviewed directly when the information collected
during the background investigation requires clarification or explanation.
(b)
All applicants shall execute an appropriate authorization for
release of personal information, and cooperate fully in providing
information upon request to ensure a thorough and complete investigation.
After completion of the background investigation, the Superintendent
shall make a recommendation to the Commission as to whether or not
the applicant is an appropriate candidate for consideration for appointment
as a Patrol Officer.
(c)
As part of the background investigation, all applicable applicants
shall undergo a polygraph test(s) based upon a personal data questionnaire
that an applicant shall be required to complete and submit to the
polygraph examiner. The polygraph examination will adhere to the professional
standards of the American Polygraph Association. If the examiner shall
deem any of the applicant's responses to be deceptive, the examiner
shall inform the applicant and give the applicant the opportunity
to explain, deny, or admit the deception. If the applicant denies
being deceptive or if the examiner finds an explanation to be unsatisfactory,
the applicant shall be given the opportunity to reanswer the question
or, if determined by the examiner to be necessary, to retake the test.
(d)
Eligibility of the applicant shall be based upon the criteria set forth in Subsection C(7) of this section and on passing the polygraph examination. The Commission's recommendation shall be in writing and if the recommendation is to disqualify, then a detailed written explanation of the reasons for disqualification must be included. The Commission shall make the final determination as to whether the information collected during the background investigation warrants rejection of the candidate.
(8)
Certification of the list of eligible candidates and appointment.
(a)
At the completion of the examination requirements set forth in Subsection D(1) through (7), the Commission shall rank all passing applicants receiving the highest score at the top of the Eligibility List and the applicant receiving the lowest passing score at the bottom of the Eligibility List. Applicants who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the Eligibility List. In the case of tied scores, the tie shall be broken in favor of the earliest time/date stamp on the application.
(b)
The Eligibility List shall be valid for one year from the date
the Commission ranks all passing applicants, assigns veterans 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 Eligibility List up
to an additional 12 months. In the absence of a lawful extension by
the Commission, the Eligibility List shall expire. The Commission
may, at its sole discretion, void an Eligibility List at any time
for any reason.
(9)
Vacancy. The Appointing Authority may fill any vacancy in an existing
position of Patrol Officer in the Police Department which occurs as
a result of expansion of the Police Department, retirement, resignation,
disability or death, by the reappointment or reinstatement of a former
employee who has been furloughed. Any officer, who has been furloughed
for more than one year, will be required to undergo a medical examination,
a psychological examination and a full background investigation, inclusive
of criminal conviction search.
(10)
Vacancy appointment. If no Furlough List exists or if positions remain
to be filled after all names on the Furlough List have been offered
reemployment, every vacant position, except that of Superintendent,
shall be filled only in the following manner:
(11)
Conditional appointment. When the Appointing Authority deems it appropriate
to make an appointment to fill a Patrol Officer vacancy, it shall
make a conditional appointment from any of the three names certified
as eligible, subject to that person passing the medical and psychological
examinations. When one or more of the three applicants on the certified
list is a veteran, then the veteran shall be selected.
(12)
Procedures after conditional appointment. After the Appointing Authority selects an applicant from the certified list of three for appointment to fill a vacancy, the candidate shall submit to a medical examination and a psychological examination by the appropriate medical experts. The applicant shall be notified of his conditional appointment contingent upon passing these two components. The medical and psychological examinations shall be as specified in Subsection D(15).
(13)
Disqualification. Should the applicant be disqualified based upon
failure of any of the following components: written examination, oral
examination, physical agility test, medical examination, psychological
examination or background investigation, the Commission shall then
certify another name to be included with the two previously certified
names for consideration by the Appointing Authority.
(14)
Probationary period. Every successful applicant appointed to the position of Patrol Officer with the Police Department shall serve a one-year probationary period. During the probationary period, the Probationer may be dismissed only for cause for the reasons set forth in Subsection C(7). However, at the end of the one-year probationary period, if the conduct of the Probationer has not been satisfactory to the Appointing Authority, the Probationer shall be notified in writing that the appointment will not be permanent. At that time, the Probationer's employment shall end. Any Probationer, who is not informed in writing that his performance has been unsatisfactory, shall receive a permanent appointment. Any Probationer who is notified in writing that his appointment will not be made permanent has no rights of appeal under this section.
(15)
Medical and psychological examinations. Physical 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.
(a)
The physician or other qualified medical professional and the
psychiatrist or psychologist shall be appointed by the Appointing
Authority and shall render an opinion as to whether the conditional
appointee has a physical or mental condition which calls into question
his ability to perform all of the essential functions of the position
for which he was conditionally appointed.
(b)
If the opinion rendered by the physician, other qualified medical
professional, psychiatrist or psychologist calls into question the
conditional appointee's ability to perform any essential functions
of a position, a person designated by the Appointing Authority 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.
(c)
If, at the conclusion of the interactive discussion under Subsection D(15)(b), the Appointing Authority determines that the conditional appointee is not qualified, the Appointing Authority shall give written notice to the conditional appointee and the Civil Service Commission.
(d)
MEDICAL EXAMINATION
PHYSICIAN
QUALIFIED MEDICAL PROFESSIONAL
[1]
[2]
As used in this section, 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.
Shall have the meaning given to it in 1 Pa.C.S.A. § 1991
(relating to definitions).
An individual, in collaboration with or under the supervision
or direction of a physician, as may be required by law, who is licensed:
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
As a certified nurse practitioner pursuant to the Act of May
22, 1951 (P.L. 317, No. 69), known as "The Professional Nursing Law."
E.
Procedure for the examination of candidates for the positions of
Corporal, Sergeant, Lieutenant, Captain and Deputy Superintendent.
(1)
General examination requirements for promotions.
(a)
Corporal and sergeant. The examination for the positions of
Corporal and Sergeant shall be a written and oral examination which
will be graded on a 100-point scale with the written examination representing
50% of the final score and the oral examination representing 50% of
the final score. After a candidate has been extended an offer of promotion,
the promotion shall be final.
(b)
Lieutenant. The examination for the position of Lieutenant shall
be a written and oral examination which will be graded on a 100-point
scale with the written examination representing 50% of the final score,
and the oral examination representing 50% of the final score. After
a candidate has been extended an offer of promotion, the promotion
shall be final.
(c)
Captain. The examination for the position of Captain shall be
an oral examination which will be graded on a 100-point scale. After
a candidate has been extended an offer of promotion, the promotion
shall be final.
(d)
Deputy superintendent. The examination for the position of Deputy
Superintendent shall be an oral examination which will be graded on
a 100-point scale. After a candidate has been extended an offer of
promotion, the promotion shall be final.
(2)
Oral examinations.
(a)
All applicants for the positions of Corporal, Sergeant, Lieutenant,
Captain and Deputy Superintendent shall be given an oral exam which
will be graded on a 100-point scale. The oral examination process
designated by the Commission shall, in addition to any other issues
deemed appropriate by the Commission or its designee(s), include questioning
applicants regarding how they would respond to relevant law enforcement
situations and other matters which reasonably test the officer's ability
to perform police work in that particular rank.
(b)
The manner in which the oral examination process is conducted,
as well as the identity of the individuals who will actually administer
the oral examinations, shall be determined by the Commission.
(3)
Certification of the list of eligible candidates for promotion.
(a)
At the completion of the promotional examination requirements set forth in Subsections E(1) and (2), the Commission shall, for each promotion test, rank all passing applicants receiving the highest score at the top of the Eligibility List and the applicant receiving the lowest passing score at the bottom of the list. In the case of tied scores, the tie shall be broken in favor of the earliest time/date stamp on the candidate's letter of intent to be examined.
(b)
The Eligibility List shall be valid for one year from the date
the Commission ranks all passing applicants 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 Eligibility List up to an additional 12 months.
In the absence of a lawful extension by the Commission, the list shall
expire. The Commission may, at its sole discretion, void an Eligibility
List at any time for any reason.
(4)
Probationary period. Every successful applicant appointed to a promotional position with the Police Department shall serve a one-year probationary period. A promoted officer, during probation, may be returned to a prior rank only for cause for the reasons set forth in Subsection C(7). However, at the end of the one-year probationary period, if the conduct of the Probationer has not been satisfactory to the Appointing Authority, the Probationer shall be notified in writing that the appointment will not be permanent. At that time, a promoted officer shall return to his previous rank. Any Probationer who is not informed in writing that his performance has been unsatisfactory shall receive a permanent appointment to the new position. Any Probationer who is notified in writing that his appointment will not be made permanent has no rights of appeal under this section.
F.
Suspensions, removals and reductions in rank.
(1)
Grounds for disciplinary action.
(a)
No person appointed to a position in the Police Department pursuant
to this section may be suspended without pay or removed and no person
promoted in rank pursuant to this section may be reduced in rank except
for the following reasons:
[1]
Physical or mental disability affecting his ability to continue
in service, in which cases the person shall receive an honorable discharge
from service;
[2]
Neglect or violation of any official duty;
[3]
Violation of any law of this Commonwealth which provides that
such violation constitutes a misdemeanor or felony;
[4]
Inefficiency, neglect, intemperance, disobedience of order,
or conduct unbecoming an officer;
[5]
Intoxication while on duty;
[6]
Engaging or participating in conducting of any political or
election campaign otherwise than to exercise his own right of suffrage,
except that this clause shall only apply to a police officer while
on duty or in uniform or while using any Township property;
[7]
Engaging or participating in the conduct of any political or
election campaign for an incompatible office pursuant to § 1401
of the First Class Township Code.
(b)
No police officer shall be removed for religious, racial, color,
national origin, gender, age, veteran's status, marital status or
non-job-related physical or mental handicap or disability, or political
reasons.
(2)
Furloughs. If for reasons of economy or other valid reasons, it shall
be deemed necessary by the Appointing Authority to reduce the number
of police officers in the Police Department, then the Appointing Authority
shall furlough the person or persons, including probationers, last
appointed to the respective force.
(a)
Such removal shall be accomplished by furloughing in numerical
order commencing with the person last appointed until such reduction
shall have been accomplished.
(b)
In the event that the Appointing Authority decides to increase
the number of police officers in the Police Department, the furloughed
police officers shall be reinstated in order of their seniority in
the Police Department if the furloughed police officer accepts reinstatement
in writing within 30 days of receiving notice of the opening.
(c)
Any furloughed police officer must accept reinstatement in writing
within 30 days of receiving notice of the opening or shall forgo the
reinstatement.
(3)
Notice of suspension, removal or reduction in rank.
(a)
Whenever a police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Appointing Authority clearly and in sufficient detail to enable the police officer to understand the nature of the charges against him and to allow him an opportunity to respond to those charges. The charges shall specify the subsection of Subsection F(1) which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority relied in finding a violation of Subsection F(1).
(b)
Hearings shall be before the Commission. Within five days after the imposition of disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified mail. In addition, the charges shall notify the officer of the right to appeal under Subsection F(4) of this section. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.
(4)
Hearings on suspension, removals and reductions in rank.
(a)
The police officer who has been suspended, removed or reduced in rank may appeal such decision by written notice to the Chairperson, Township of Radnor Civil Service Commission, 301 Iven Avenue, Wayne, PA 19087, requesting a hearing. The notice must be received by the Commission no later than 10 days of the police officer's receipt of the notice under Subsection F(3)(b). The officer may make written answers to any charges filed not later than the date fixed for the hearing. Failure of the officer to provide written answers to any of the charges shall not be deemed an admission by the officer.
(b)
Hearings shall be conducted by the Commission. The Commission
shall schedule a hearing within 10 days from receipt of the police
officer's written request for a hearing. At any such hearing, the
officer against whom the charges have been made may be present and
represented by counsel, may call witnesses and present testimony and
documentation in defense. The Township of Radnor may also be represented
by counsel, call witnesses and present evidence as is necessary to
support the charges. A stenographic record of all testimony shall
be taken at every hearing and preserved by the Commission.
(c)
All testimony shall be given under oath administered by the Chairperson, or in the absence of the Chair, the Vice-Chairperson. The Commission shall have the power to issue subpoenas as set forth in Subsection B(10). The hearing shall be open to the public unless, prior to the commencement of the hearing, a written or oral request to close the hearing is made by either the charged officer or the Township of Radnor.
(d)
In conducting a hearing under this section, the Commission's
standard of review shall be to determine whether a preponderance of
evidence has been presented to support the reason for the disciplinary
action. The Commission may request post-hearing briefs, and shall
issue a written decision containing specific findings of facts and
conclusions of law within 60 days of receipt of the hearing transcript.
(e)
In the event the charges are dismissed, the record shall be
sealed and not be available for public inspection. Additionally, the
police officer sought to be suspended, removed or demoted shall be
reinstated with full pay for the period of the suspension, removal
or demotion, and no charges relating to the suspension, removal or
reduction in Rank shall be officially recorded in the officer's record.
