[Amended 6-5-1990 by Ord. No. 90-11; 3-1-2011 by Ord. No. 11-02]
There is hereby created a Civil Service Commission
for the Home Rule Municipality of the Municipality of Norristown.
Municipal Council shall, by resolution adopted by an affirmative vote
of at least four Council members, appoint a Civil Service Commission
consisting of three members. The resolution shall specify the beginning
and end of each member’s term of office. The word “Commission,”
when used in this article, shall mean the Norristown Civil Service
Commission.
[Amended 6-5-1990 by Ord. No. 90-11; 3-1-2011 by Ord. No. 11-02
The membership of the Commission shall consist
of three residents of the Municipality. Their terms of office shall
be six years, and shall be so fixed that the term of office of one
member shall expire every other year at the end of the calendar year.
The Commission shall promptly notify Municipal Council of any vacancies
which occur. Appointments to fill vacancies shall be only for the
unexpired portion of the term.
[Amended 6-5-1990 by Ord. No. 90-11]
A.
Each member of this Commission, before entering upon
the discharge of his/her duties, shall take an oath or affirmation
to support the Constitutions of the United States and the Commonwealth
of Pennsylvania and to provide his/her duties with fidelity. The Civil
Service Commissioners shall receive no compensation.
B.
The Civil Service Commission shall operate pursuant
to rules and regulations that are promulgated by the Commission and
adopted by resolution of Municipal Council. A copy of said rules and
regulations shall be kept on file with the Secretary of the Commission
and the office of the Municipal Administrator, and may be inspected
during regular business hours. The rules and regulations may be amended
from time to time only by resolution of Municipal Council.
[Added 8-4-1992 by Ord. No. 92-17; amended 3-1-2011 by Ord. No. 11-02
Promotions shall be based on merit to be ascertained
by examinations to be prescribed by the Civil Service Commission.
All questions relative to promotions shall be practical in character
so as to fairly test the merit and fitness of the person seeking the
promotion. The civil service rules and regulations shall provide for
such testing.
No person shall be eligible to apply for examination
for any position in the Police Department or Fire Department unless
that person is at least 18 years of age.
All original appointments to any position on
the police force or paid personnel for the Fire Department shall be
for a probationary period of one year. During the period of probation,
the appointee shall attend school and training sessions and take examinations
as required by law for certification for the position appointed. If,
at the close of the probationary period, the appointee has not satisfactorily
completed the training and schooling and successfully passed the required
tests which are required by law for certification, the borough administration
shall so advise the appointee, and the appointment shall cease. However,
in certain cases where the Director of Public Safety deems it appropriate
and a new appointee during the probationary period fails to complete
his/her training or obtain appropriate certification, the Director
of Public Safety may extend the probationary period for an additional
year. Such extension of the probationary period shall be in writing,
and no person shall be in a probationary status in excess of two years.
If the person successfully completes all schools, training and/or
certifications as required by law, then that person shall be retained
as a permanent appointment for the position hired.
A.
Any person suspended, reduced in rank or removed from
the Police Department or Fire Department shall have the right to appeal
that action by demanding a hearing before the Commission. Such demand
for a hearing shall be made to the Commission within 20 days after
the date of the suspension, reduction in rank or removal of that person.
The Civil Service Commission shall establish rules and regulations
for appeals and shall conduct the appeals pursuant to said rules and
regulations. At the hearings on the appeals, the borough shall produce
evidence on the reason for the executive action taken against the
person filing the appeal. The person sought to be suspended, demoted
or removed shall have the right to appear at the hearing with counsel
and give evidence on his/her behalf. The procedure before the Commission
shall be informal, and the rules of evidence, practice and procedure
shall be liberally construed. Technical irregularities shall not invalidate
the proceedings before the Commission. The borough shall have the
burden of proof to sustain the charges by the preponderance of the
evidence.
B.
Upon completion of the hearings, the Commission shall
promptly render a decision, based upon the evidence, either sustaining
or reversing the action of the Chief of Police or Fire Chief. In the
event that the Commission does not sustain the charges against the
appealing person, any penalty imposed shall be reversed, back pay
paid and/or the person reinstated to his/her former position. A stenographic
record of all testimony taken at the hearing shall be filed and preserved
by the Commission, which record shall be sealed and not made available
for public inspection without court order.
C.
All parties concerned shall have the right to appeal
to the Court of Common Pleas of Montgomery County from any decision
of the Civil Service Commission. Such appeal shall be taken within
30 days of the entry of final order of the Commission. The appeal
to the Court of Common Pleas shall be by petition according to the
Rules of Court, and the Court of Common Pleas shall proceed to hear
the appeal on the original record and such additional proof or testimony
as the Court deems appropriate. The decision of the Court of Common
Pleas affirming, reversing or modifying the decision of the Civil
Service Commission shall be final, and the person shall be suspended,
demoted, discharged or reinstated in accordance with the order of
the Court.
