[Amended 10-16-2000 by Res. No. R-2000-2, approved 10-16-2000]
At the completion of the examination requirements set forth in Article IV, written examination, oral examination, background investigation and physical fitness test, the Commission shall rank all passing applicants on a list, with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the 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. For promotional positions, fulfilling the performance requirement set forth in § A131-21 is also required. In the case of tied scores, the tie will be broken by giving preference (listing higher on the list) to the applicant who submitted a final completed application first. If both tied applicants submitted their complete applications on the same day, then the applicants shall be ranked in alphabetical order by surname. The Commission may, at its sole discretion, void an eligibility list at any time for any reason, but in no case shall any eligible list remain in effect for a period of more than two years from the date of its preparation.
A. 
The appointing authority of the Borough may fill any vacancy in an existing position in the Police Department which occurs as a result of expansion of the police force, retirement, resignation, disability or death by the reappointment or reinstatement of a former employee of the Police Department who had been furloughed. Except for physical and psychological examinations, no other testing shall be required for a furloughed employee.
B. 
If no furlough list exists or if positions remain to be filled after all of the officers on the furlough list were offered reemployment, for every position except that of the Chief of Police the Commission shall certify names from the eligible list. The number of available eligibles certified from the eligible list shall exceed by two the number of vacancies to be filled from such eligible list. If there are fewer than three available eligibles on the eligible list, the Borough Council may nominate a person to the Commission for noncompetitive examination, and he may be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission within three weeks to hold a competitive examination and certify a list of eligible, and a regular appointment shall then be made from the name or names submitted by the Commission; provided, however, that nothing herein contained shall prevent the appointment without examination of persons temporarily as police officers in cases of riot or other emergency.
C. 
Removal of names from list.
(1) 
In addition to the other reasons stated as grounds for removal in these rules and regulations, the name of any person appearing on a furlough list or an eligible list shall be removed by the Commission if such person:
(a) 
Is appointed to a position in the Police Department;
(b) 
Declines an appointment to a permanent position in the Police Department;
(c) 
Fails to make written reply to the Borough Council within seven calendar days from the date of mailing of a notice of certification; or
(d) 
Indicates availability for appointment and is appointed to fill a vacancy but fails to report for duty at the time prescribed, unless, in the opinion of the Borough Council, such person can show good and sufficient reasons for failure to report.
(2) 
The name of any person on an eligible list also shall be removed by the Commission if certified for appointment consideration three times as the top name and is not appointed. Nothing in this section, however, shall be construed as authorizing the removal of the name of a person from a furlough list or eligible list who refuses or accepts a position of a lower rank than that from which furloughed or for which eligible on a Commission list.
D. 
The Commission shall certify for each existing vacancy from the eligible list the names of three persons thereon who have received the highest average. The Borough Council shall, thereupon, with sole reference to the merits and fitness of the candidates and in accordance with applicable laws, make an appointment from the three names certified unless it makes objections to the Commission as to one or more persons certified for any of the reasons set forth in § A131-23 of these rules and regulations. Should such objections be sustained by the Commission, the Commission shall thereupon strike the name of such person from the eligible list and certify the next highest name for each name stricken off. In the event a "soldier," as that term is defined under the Veterans Preference Act, is on the eligibility list, either for initial appointment or promotion, the soldier shall be appointed or promoted, if the Council determines to fill the vacancy; if two or more soldiers appear on the eligibility list, the Council may select among the soldiers and shall appoint or promote one said soldier, if Council determines to fill the vacancy. Upon appointment by the Borough Council from the names appearing on the certified list, the successful candidate shall be notified by the Borough Council of his/her appointment. The notice shall be sent by certified mail and shall include the title and position and the compensation to be paid and shall require a written acceptance within seven days from the date of mailing.
A. 
In the case of a 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.
B. 
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 § A131-40.
A. 
After the appointing authority selects a candidate from the certified list of three for appointment to the vacant position and makes an offer of employment, that candidate shall submit to a physical examination and a psychological examination 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 he had applied. The appointment shall be contingent upon successfully passing both the physical and psychological examinations. Failure to pass either examination shall result in the candidate being rejected from consideration. The rejected candidate may appeal this decision under § A131-25.
B. 
Model letters informing a candidate of passing the physical examination, failing the physical examination, passing the psychological exam and failing the psychological exam, respectively, are attached as Appendixes A-13 to A-16[1] and are incorporated into these rules and regulations.
[1]
Editor's Note: Appendixes A-13 through A-16 are included as attachments to this chapter.
C. 
For newly hired police officers, the one-year probationary period shall not commence until after the officer has completed training under Act 120. During the probationary period, a newly hired officer may only be dismissed for cause for the reasons set forth in § A131-23. A promoted officer, during his probationary period, may be returned to work to his prior rank only for cause for the reasons set forth in § A131-23. However, at or near the end of the twelve-month probationary period, if the conduct of the probationer has not been satisfactory to the Borough Council, the Council, at its regular meeting immediately preceding the end of the probationary period or, if necessary, at a special meeting convened for this purpose, shall announce its decision not to grant a permanent appointment to the probationary officer, and the probationer shall be notified in writing prior to the last day of the probationary period 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 not informed in writing that his performance has been unsatisfactory shall receive a permanent appointment to his position. Any probationer who is notified 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, and he may be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission within three weeks to hold a competitive examination and certify a list of eligibles, and then a regular appointment shall 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.