Borough of Norristown, PA: Affirmative action plan.

§ 6-1 Statement of legislative intent.

It is the goal of the government of the Borough of Norristown that the makeup of the Police and Fire Bureaus of the borough should more closely reflect the ethnic and racial diversity of the borough. It is the belief of the government of the Borough of Norristown that a Police and Fire Bureau that more closely reflects the ethnic and racial composition of the borough itself will be better able to effectively serve the borough and its citizens.

By establishment of this chapter, the government of the Borough of Norristown declares that its affirmative action plan is not designed to establish numerical goals or quotas of employment for one (1) group or set of groups. Rather, the goal is to ensure that the borough always remain an equal-opportunity employer, and to further improve the quality of the policing of the borough and the quality of life of the residents of the Borough thereby.

§ 6-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AFFIRMATIVE ACTION PLAN

A plan to encourage the hiring of qualified minority candidates for the Police and Fire Bureaus of the Borough of Norristown.

ANNOUNCEMENT

A notice to the public and/or to any other organization announcing the search for candidates for the Police or Fire Bureaus of the Borough of Norristown.

MINORITY

A person who is female, black, Hispanic, Asian or American Indian.

PAID FIREFIGHTER

One of the staff of men and women employed by the Fire Bureau and paid a full-time salary to prevent and extinguish fires and prevent conflagrations in the Borough of Norristown.

POLICE OFFICER

One of the staff of men and women employed by the Police Bureau to enforce the laws and criminal statutes of the Commonwealth of Pennsylvania.

VACANCY

A permanent opening in the Police or Fire Bureau for which the borough desires to hire additional staff or replacement employees on a full-time basis to the position of police officer or paid firefighter.

§ 6-3 Affirmative action plan.

When a vacancy exists in the Norristown Police or Fire Bureau and it is determined by the appropriate authorities that it is necessary to recruit candidates for the position of police officer or paid firefighter, the Municipal Administrator shall cause to be issued announcements to not fewer than two (2) newspapers of general circulation in Montgomery County that the borough is seeking new recruits for the position of police officer or paid firefighter, as the case may be. The Norristown Civil Service Commission may, from time to time, designate one (1) or more additional publications in which the aforesaid announcement may appear, in addition to those above stated. All such announcements shall contain a statement that the borough is an Equal Opportunity Employer, and that the borough is actively seeking minority applicants.

(1)

Announcements regarding the recruitment of candidates for the position of police officer shall also be sent to appropriate schools in the five-county Philadelphia area offering degrees or certifications in Police Science, Law Enforcement or Law Enforcement and Corrections and to organizations listed as law enforcement affirmative recruitment referral sources by the Pennsylvania Human Relations Commission.

(2)

Announcements regarding the recruitment of candidates for the position of paid firefighter shall also be sent to appropriate schools in the five-county Philadelphia area offering degrees or certifications in Fire Science, firefighting and applied science and to chartered firefighting schools and other fire departments within the Philadelphia five-county area.

When there exists one (1) or more vacancies in the Norristown Police Bureau or Fire Bureau and the appropriate authorities determine that it is necessary to recruit candidates for the position of police officer or paid firefighter, public buildings under the control of the Borough of Norristown shall have posted in them, in prominent places, announcements of the positions or positions, as described above. Further, the borough shall seek to place such notices in other public governmental buildings in the borough, if the authorities in control of said buildings permit.

As soon as practical after the adoption of this chapter, there shall be added to all applications of positions with the Police Bureau and Fire Bureau of the Borough of Norristown the following statement:

(1)

The Borough of Norristown is an equal opportunity employer.

(2)

The Borough of Norristown seeks applications for employment from all minority groups.

§ 6-4 Examinations for police officers and paid firefighters.

When there exists one (1) or more vacancies in the Norristown Police Bureau or Fire Bureau, and appropriate authorities of the borough determine that it is necessary to recruit and hire one (1) or more police officers or paid firefighters, an examination shall be scheduled and held by the Borough Civil Service Commission and such person(s) or organization(s) as the Borough Civil Commission shall designate to hold such examination. Such examinations shall be validated for job performance and shall be certified by whatever organization or organizations have prepared said examination and/or are administering the test that said test does not have a non-job performance related bias against minorities. If the examination process shall include oral examination(s), then all interviewees shall be asked the same job-related questions. However, this provision shall not be construed to mandate that an oral examination be given in addition to or in lieu of a written examination. The Borough Administrator, Civil Service Commission, Public Safety Director and/or any other person of the administration of the Borough of Norristown involved in the testing and certification of candidates for the Police Bureau or Fire Bureau shall be entitled to rely upon the written certification of nonbias, referred to above, if he or she has no reason to believe that said certification was not given in good faith.

§ 6-5 Civil service rules.

To the extent that the civil service rules of the Borough of Norristown are contrary to the terms of this chapter, the civil service rules are superseded by this chapter.

§ 6-6 Repealer.

Ordinance No. 87-17[1] and all other ordinances, rules, regulations, policies or procedures or parts of any of them inconsistent herewith are hereby repealed.

[1]

Editor's Note: Ord. NO. 87-17 appeared as former Art. I of Ch.74.

§ 6-7 Construal of provisions.

Nothing in this chapter shall be construed as mandating that the Police Bureau or Fire Bureau shall have a specific minimum or maximum number of police officers or paid firefighters.

Nothing in this chapter shall be construed as applying to employees of the Borough of Norristown other than police officers and paid firefighters.

Section headings set forth in this chapter are for convenience only, are not controlling upon this chapter, and are not to be read as substantive parts of this chapter.

Nothing in this chapter shall be construed as granting civil service rights to any employee or employees whose job(s) or position(s) are not covered under the Civil Service Rules and Regulations of the Borough of Norristown. By the adoption of this chapter, all other employees of the borough not previously exempted are hereby exempted from the civil service provisions as set forth in the Home Rule Charter, Administrative Code, other ordinance or Civil Service Rules and Regulations, except for the positions of police officer and paid firefighter.