[HISTORY: Adopted by the Borough Council of the Borough of Trafford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police pensions — See Ch. 35.
Police Department — See Ch. 41.
[Adopted 12-16-2008 by Ord. No. 728; amended in its entirety 4-16-2013 by Ord. No. 1-2013]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any individual who applies in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department.
APPOINTING AUTHORITY
Council of the Borough of Trafford, Westmorland and Allegheny County, Pennsylvania.
BOROUGH MANAGER
The Manager of the Borough of Trafford.
BOROUGH SECRETARY
The Secretary of the Borough of Trafford.
CERTIFICATION
The submission to the appointing authority pursuant to their request of three names taken from the eligible list developed by the Civil Service Commission.
CHAIRPERSON
The Chairperson of the Civil Service Commission of the Borough of Trafford.
CIVIL SERVICE COMMISSION
The Civil Service Commission of the Borough of Trafford appointed by the Council, pursuant to the Pennsylvania Borough Code, to serve the execution of this part and other functions as Council may prescribe.
COMMISSIONER
An individual appointed by the Borough of Trafford to serve as a member of the Civil Service Commission.
ELIGIBLE
A person whose name is recorded on a current eligible list or furlough list.
ELIGIBLE LIST
The list of names of persons who have passed all examinations for a particular position in the Police Department.
EXAMINATION
The series of tests given to candidates to determine their qualifications for a position in the Police Department.
EXTERNAL CANDIDATE
Individual not currently employed by the Borough of Trafford who is an applicant or candidate for a posted position.
FURLOUGH LIST
The list of persons who were laid off from positions in the Police Department because of a reduction in the number of officers in the Police Department.
GOVERNING BODY
The Council of the Borough of Trafford, Westmoreland and Allegheny County, Pennsylvania.
INTERNAL CANDIDATE
Individual currently employed by the Borough of Trafford who is a candidate for a promotional posted position.
MAYOR
The Mayor of the Borough of Trafford.
MUNICIPAL COUNCIL, BOROUGH COUNCIL OR COUNCIL
The Council of the Borough of Trafford.
POLICE OFFICER
For purposes of the rules and regulations, a police officer is a sworn full-time law enforcement position in the Borough of Trafford Police Department.
PROBATIONER
A police officer in the Police Department who has been appointed from an eligible list, but who has not yet completed the probationary period.
PROMOTION
The act or fact of being raised in position or rank pursuant to Article X, Section 1001, of the Home Rule Charter.
REASSIGNMENT
A change to a different position which may result in a change in salary.
REDUCTION IN RANK
A change to a lesser position or rank where the employee fulfilled all of the requirements of these rules and regulations for both the prior and current position and/or rank. However, a decrease in salary without a change to a different position or rank shall not necessarily constitute a reduction in rank.
REMOVAL
The permanent separation of a police officer from the Police Department.
SUSPENSION
The temporary separation without pay of a police officer from the Police Department.
For the purpose of these rules and regulations, all terms which are set forth in the masculine gender shall be construed to refer equally to the feminine gender and vice versa.
A. 
The Commission shall consist of three Commissioners who shall be qualified electors of the Borough of Trafford and who shall be appointed by the Municipal Council initially to serve for terms of one, two, and three years, and as terms thereafter expire shall be appointed for terms of three years.
B. 
Any vacancy occurring in the Commission for any reason whatsoever shall be filled by Council for the unexpired term within the period of 30 days after such vacancy occurs.
C. 
Each member of the Commission, before entering upon the discharge of the duties of their office, shall take an oath or affirmation, which complies with Act 76 of 2008, to support the Constitution of the United States and of the Commonwealth of Pennsylvania and to perform their official duties with fidelity.
D. 
The Civil Service Commission shall receive no compensation.
No Commissioner shall at the same time hold an elective, appointed, or employment office under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth; except one member of the Commission may be a member of Council of the Borough.
A. 
The Commission shall have three members and up to three alternate members and upon appointment shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson, one of its members as its Vice Chairperson and one of its members as the Secretary.
B. 
The Commission shall thereafter meet and organize on the first Monday of February of each even-numbered year.
C. 
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.
D. 
In the event a member of the Commission is unavailable to attend a meeting, an alternate member may attend and participate as a regular member.
E. 
In the event an alternate participates in a hearing before the Commission, the alternate shall continue to participate in the hearing until its conclusion and a final determination is made.
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 by the within rules and regulations.
The Secretary shall carry on, at the discretion of the Commission, all official correspondence of the Commission, send out all notices required by law and by these rules and regulations, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or by these rules and regulations.
Except for the biennial organization meeting, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. Unless all members shall waive the requirement, a minimum of 24 hours' written notice of each meeting shall be given each member. Except when otherwise provided in these rules or by Pennsylvania law, meetings shall be open to the public unless a public meeting would breach the normal confidentiality of employee data. All Rules or Regulations of the Commission shall be adopted at a public meeting following the regulations of the Pennsylvania Sunshine Act.[1]
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A. 
The governing body shall furnish the Commission with supplies and clerical assistance as may be necessary for the Commission to fulfill its duties.
B. 
The Commission may retain counsel, and any other consultants or experts, including physicians and psychiatrists, as are necessary, with prior written notice to the Borough of Trafford of its intention to do so.
C. 
The elected and appointed officials of the Borough of Trafford shall assist the Commission with all reasonable and appropriate efforts including compensation for any counsel or experts retained by the Commission.
A. 
The Commission shall have the power to prescribe, amend, revise, void, replace, or enforce the rules and regulations for carrying into effect the provisions of Article X, Section 1001, of the Home Rule Charter and references to the Borough Code for any reason by action of a majority of the Commission at any properly convened meeting of the Commission.
B. 
Before any changes to these rules and regulations become effective, the Municipal Council must approve and adopt them by a public vote.
C. 
These rules and regulations, and any amendments thereto, shall be made available to the public for distribution and inspection.
A. 
The Commission shall keep minutes of its proceedings and records of examinations and other official action.
B. 
All records of the Commission shall be preserved and disposed of according to 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, No. 428, 53 P.S. 9001.[1]
[1]
Editor's Note: See now 53 Pa.C.S.A. § 1381 et seq.
C. 
The Secretary, or in his absence, the Vice Chairperson, shall keep minutes of its proceedings showing the vote of each member upon each question.
D. 
If the member is absent or fails to vote, the Secretary, or in his absence, the Vice Chairperson, shall indicate that fact in the minutes.
E. 
A copy of all minutes and records shall be filed with the Borough Secretary and such copies shall be maintained within the physical confines of the Trafford Municipal Building.
A. 
The Commission shall have the power to conduct investigations concerning all matters relating to the administration and enforcement of these rules and regulations.
B. 
The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
A. 
The Commission shall have the power to:
(1) 
Issue subpoenas over the signature of the Chairperson or other designated official, such as a solicitor.
(2) 
Require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry.
B. 
The fees of witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expense of the Commission.
C. 
All officers in public service and employees of the Borough of Trafford shall attend and testify at a duly called Civil Service Commission meeting when required to do so by the Commission.
D. 
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 may be sentenced to pay a fine not to exceed $100, and in default of the payment of such fine and cost may be imprisoned not to exceed 30 days.
E. 
If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Westmoreland County or other Court of competent jurisdiction 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.
A. 
The Commission shall make an annual report by January 15 to the Municipal Council.
B. 
The Commission's annual report shall contain a brief summary of its work during the prior year and a full accounting for any expenditure of public monies.
C. 
The annual report shall be available for public inspection.
A. 
The Commission shall, after its biennial reorganization meeting, meet to review, in their entirety, the civil service rules and regulations in effect at that time.
B. 
Upon completion of the review, the Commission may submit a report to Council with its recommendations for possible updates and modifications to the rules and regulations.
C. 
If the Commission recommends no changes to the rules and regulations, then the report will indicate as such.
A. 
The Borough of Trafford is an equal opportunity employer.
B. 
It is the Borough of Trafford's and the Commission's policy to grant equal employment opportunities to qualified persons without regard to race, religion, gender, age, marital status, national origin, or non-job-related disability.
C. 
The Borough of Trafford and the Commission will provide equal opportunities in employment and promotion.
A. 
The Commission shall conspicuously post, in the Borough of Trafford municipal building, an announcement of the hiring or promotional testing and set forth the time and place of every examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained and the deadline for filing those applications.
B. 
At least two weeks prior to the close of the application period, publication of the notice shall occur in at least one newspaper circulating generally in the Borough of Trafford.
The Council of the Borough of Trafford authorizes and recognizes the following full-time civil service positions within the Municipal Police Department which may from time to time be held by a qualified officer; however, nothing contained herein requires the Borough to maintain such position:
A. 
Patrol officer.
B. 
Corporal.
C. 
Sergeant.
D. 
Lieutenant.
E. 
Captain.
A. 
Application forms shall be available to all interested persons in the office of the Borough Council, and from such other offices and officers that the Commission, from time to time, may choose to designate.
B. 
Application forms may be mailed to a potential applicant upon written, e-mail or telephone request. However, the Commission assumes no responsibility for missed filing deadlines due to a delay in mail delivery.
A. 
Applications for positions in the Police Department shall be received at the Borough of Trafford municipal building only after an examination has been properly advertised and before the expiration of the deadline for receiving applications which must be set forth in the public advertisement.
B. 
The Borough Council or other designated person, such as the Mayor, will receive applications.
C. 
The Borough Council or other designated person shall record the receipt of all applications and provide each applicant with notice of the time and place for the first portion of the testing process, the written examination.
D. 
Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction prior to the deadline for filing applications, after which no new applications or amended applications will be accepted.
A. 
In order to be eligible for participation in any examination for any full-time civil service position within the Police Department, an applicant must submit a completed application form to the Commission before the expiration of the deadline stated by the Commission for that specific examination.
B. 
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 falsification of information to authorities.
C. 
At the time of filing of an application, each applicant shall pay a nonrefundable fee in the amount of $50. Said application fee shall be used exclusively for the purpose of defraying the costs of the Borough in conducting and administering the examination process. Said application fee may be increased, from time to time, by ordinance of Municipal Council, based upon the increased costs of administering and conducting the examination process.
A. 
All applicants for the Police Department must have reached their 21st birthday before the deadline for submitting completed applications. Applicants must move and continue to reside within 15 air miles within six months of completing their probationary period. Appeals must be filed within 30 days before the expiration of the permanent residency effective date set forth herein.
B. 
An applicant may appeal to the Civil Service Commission for one six-month extension of the residency requirement for good cause. Appeals must be filed within 30 days before the expiration of the permanent residency effective date set forth herein.
A. 
Every applicant for a position in the Police Department shall possess a diploma from an accredited high school or graduate equivalency diploma. In addition, every applicant must be a United States citizen, be physically and mentally fit to perform the full duties of a police officer, be certified as police officer as stated in Act 120, Municipal Police Officers' education and training program, must have been a full-time police officer for a minimum of one year, or two years as a part-time police officer, prior to appointment, and possess a valid motor vehicle operators license issued by the Commonwealth of Pennsylvania.
B. 
Borough Council may, from time to time, include additional minimum qualifications by resolution prior to or in conjunction with commissioning an examination.
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 these rules and regulations for the particular position for which the applicant has applied. In addition, the Commission may refuse to certify any applicant who is physically or mentally unfit to perform the full duties of the position applied for, or who is a habitual substance abuser, who is guilty of any crime involving moral turpitude, or of infamous or notoriously disgraced conduct as defined by PA Crime Code Sub Chapter B and Chapter 59,[1] or who has been dismissed from public service for delinquency or misconduct in office, or has been convicted of a serious misdemeanor or a felony, or who is affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitutions and laws of the United States and the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 18 Pa.C.S.A. § 2301 et seq. and 18 Pa.C.S.A. § 5901 et seq., respectively.
Any applicant who believes that they are aggrieved by the actions of the Commission, in refusing to examine or to certify them as eligible after examination, may request a hearing before the Commission. Within 10 days after such request, the Commission shall designate a time and place for the hearing. The applicant or aggrieved party must make their request for a hearing in writing within 10 calendar days of the date when the party knew or should have known of the Commission's action which is being challenged. The decision of the Commission shall be final.
The examination for police officer will consist of a written and oral examination. The written and oral 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. In addition, each applicant will undergo a physical fitness test and a background investigation. These tests and investigation 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 physical, which will include a drug screening procedure, and a psychological examination.
The Commission shall appoint a written examination administrator, an oral examination board, a polygraph examiner, a physical fitness examiner, a medical examiner and a psychological examiner to conduct the appropriate examination(s) as required by these rules and regulations.
The written examination shall be graded on a 100-point scale, and an applicant must score 70% or higher in order to continue in the application process. Applicants scoring less than 70% shall be rejected. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their test results and passing applicants shall be scheduled for an oral examination appointment.
Every applicant who scored 70% 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 70% or higher necessary for passing. The oral examination shall involve questioning applicants on how they would handle situations relevant to police work. 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.
A. 
The Civil Service Commission shall, before the oral examination process begins, appoint the members of the Oral Examination Board.
B. 
The Oral Examination Board shall consist of three appointed members.
C. 
No member of the Borough of Trafford Council or Trafford Civil Service Commission shall be a member of the Oral Examination Board. The following individuals may be members of the Oral Examination Board:
(1) 
The Chief of Police or officer in charge of the Borough of Trafford Police Department;
(2) 
A resident(s) of Borough of Trafford;
(3) 
A member(s) of the Pennsylvania State Police or other law enforcement agency;
(4) 
A representative(s) from bona fide testing agency which conducts interviews for police officers; or
(5) 
An instructor(s) who teaches law enforcement classes at a university, college, technical school, or other certified police officer training academy.
D. 
The Civil Service Commission shall, before the oral examination process begins, submit the names of the Oral Examination Board appointees to the Borough Council.
E. 
Council shall, before the oral examination process begins, have the right to strike any and all Oral Examination Board appointees who are not in compliance with the criteria set forth herein to be a member of the Oral Examination Board. If no strike is offered after seven days of notification by the Commission, then no appointee shall be rejected.
Pursuant to the Veterans' Preference Act, any applicant for the position of patrol officer who qualifies as a "soldier" under this Act shall receive an additional 10 points on top of their total score if that applicant had received passing scores under §§ 14-26, 14-28 and 14-29.
An applicant for the position of police officer shall be required to successfully pass a physical agility examination which shall substantially consist of the following:
A. 
Stretcher carry. Applicants will be paired off and required to carry a stretcher with a simulated patient weighing approximately 200 pounds over a distance of 100 feet. Those applicants failing on the first attempt will be allowed to retake the exercise with a person who has successfully completed the exercise;
B. 
Body drag. An applicant is required to remove a simulated motor vehicle operator weighing approximately 200 pounds from behind the steering wheel of a motor vehicle and drag the simulated operator to a point 50 feet from the motor vehicle;
C. 
Quarter-mile run. An applicant is required to run a distance of 1/4 mile on a pre-measured course in less than 110 seconds;
D. 
Window climb. An applicant is required to climb through six-foot-high level window without assistance onto a three-foot level platform on the other side of the window, and then to the ground. Applicants must then circle around a marker 20 feet beyond the window and return up the three-foot-high platform and out the window onto the ground below;
E. 
Sit-ups. An applicant is required when laying from a supine back position, with straight legs, hands touching shoulders and crossed on the chest come to an upright sitting position, 90° 15 times in a sixty-second time period;
F. 
Push-ups. An applicant is required to complete 15 push-ups in a forty-second time period. The applicant will start by supporting his/her body by positioning the hands and feet in front of them, and applicant will lower the body as a unit with shoulders, hips and legs in the same plane to a point one to two inches from the floor and return to the front support position;
G. 
Motor vehicle push. An applicant is required to push an average sized motor vehicle a distance of 25 feet on a pre-measured flat course;
H. 
Or such other physical fitness test which meets the MOPETC entrance application requirements.
A. 
At the completion of the examination requirements set forth in §§ 14-26 through 14-32, 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. In the case of tied scores, the tie will be broken by giving preference to the applicant who submitted a final completed application first. If both tied applicants submitted their complete application on the same day, then the applicants shall be ranked in alphabetical order by surname.
B. 
The eligibility list shall be valid for one year from the date the Commission ranks all passing applicants, assigns veterans' preference points and formally adopts the eligibility list. The Commission may at their sole discretion, or by a vote of the majority of Council at a duly authorized Council meeting, extend the list for an additional year. The Commission may, at their sole discretion, void an eligibility list at any time for any reason.
A. 
Furloughed officers shall be given first consideration for re-employment, prior to any other hiring procedure and shall be reinstated in the order of their seniority.
B. 
Borough Council may fill any vacancy in an existing position in the Police Department which occurs as a result of retirement, resignation, disability or death, by the reappointment or reinstatement of a former employee of the Police Department who had previously complied with the civil service provisions of the borough. As stated, those officers considered for reinstatement must have previously complied with the provisions of the Trafford Borough Civil Service Requirements and reappointment is subject to the recertification requirements prescribed by the Municipal Police Officer's Education and Training Commission.
C. 
Except for physical and psychological examinations, no other testing shall be required for a furloughed, rehired or re-appointed employees.
D. 
If no furlough list exists, or if positions remain to be filled after all of the officers on the furlough list are offered reemployment, every full-time civil service position shall be filled only in the following manner:
(1) 
The Borough Council shall notify the Commission of any vacancy which is to be filled and shall request the certification of three names from the list of those eligible who have received the highest total scores on the civil service testing.
(2) 
If three names are not available, then the Commission shall certify the next highest name(s) remaining on the list.
(3) 
The Borough Council shall make an appointment from one of the three names certified with reference to the merits and fitness of the candidates.
(4) 
However, for initial appointment to the position of police officer, when any applicant on the certified list is a veteran, that applicant shall be selected.
E. 
The Borough Council may object to one or more of the persons certified for the reasons set forth in § 14-24 of these rules and regulations.
F. 
If the candidate to whom the Borough Council objects fails to timely exercise the rights to appeal under § 14-25 or if the Commission declines to uphold the appeal, the Commission shall strike the name of that candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.
G. 
In the case that there is more than one vacancy to be filled, the Commission shall certify, from the eligible list, a number of the highest-ranked candidates equal to the number of vacancies to be filled, plus the next two highest-ranked candidates. This provision will provide that the last appointment will always be made from the remaining three names certified.
A. 
The position of Chief of Police and Assistant Chief of Police in the Borough of Trafford need not be civil service positions and shall not be filled as such unless otherwise explicitly appointed by the Borough Council.
B. 
The Borough Council may appoint a Chief of Police and/or Assistant Chief of Police outside of the civil service system. The individuals appointed shall be so appointed without civil service status.
C. 
In the case of a vacancy in the office of Chief of Police and/or Assistant Chief of Police, the Borough Council has full discretion in selecting the individual to fill the position of Chief of Police and/or Assistant Chief of Police.
D. 
A Chief or Assistant Chief appointed without civil service status has no right to appeal a termination to the Civil Service Commission.
A. 
The Commission shall request the Chief of Police or other designated person to conduct a background investigation of applicants who have passed the written, oral and physical components of the examination and who remain one of the top three scores including ties. In the event of more than one vacancy to be filled, a number of the highest ranked candidates equal to the number of vacancies to be filled, plus the next two highest ranked candidates shall also undergo the background investigation.
B. 
The background investigation shall include:
(1) 
Interviews with the applicant's family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and school officials;
(2) 
Checking the applicant's credit history;
(3) 
Checking the applicant's criminal record for criminal convictions; and
(4) 
Checking the applicant's driver's license record and history.
C. 
The applicant may be interviewed directly when the information collected during the background investigation requires clarification or explanation.
D. 
After the background investigation is completed, the Chief or other designated person shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a full-time civil service police officer. Appropriateness of the applicant shall be based on the criteria set forth in § 14-24 of these rules and regulations.
E. 
If the recommendation is to disqualify an applicant, then a detailed written explanation of the reasons for disqualification must be included.
F. 
The Commission shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate.
G. 
Within 30 days after the Commission considers the recommendation, all applicants shall be given written notice indicating whether they have passed the background investigation.
A. 
Every application for the position of full-time civil service police officer shall fill out a personal data questionnaire and may, at the discretion of the Civil Service Commission, be required to undergo a polygraph examination.
B. 
If a polygraph examination is required, the Commission shall furnish the polygraph examiner with forms upon which the examiner shall state whether any of the applicant's responses to questions from the applicant's personal data questionnaire are deceptive.
C. 
The top three candidates from the Civil Service Commissions certified eligibility list shall undergo a polygraph test. In the event that more than one vacancy is to be filled, a number of the highest-ranked candidates equal to the number of vacancies to be filled, plus the next two highest-ranked candidates, shall also undergo the polygraph test.
D. 
The report on each examination shall be submitted to the Commission within five days after the date of the examination.
E. 
The examiner shall ask questions based on the information contained in the personal data questionnaire.
F. 
Before administering the test, the examiner shall ask each applicant whether there is any more information related to the personal data questionnaire that the applicant would like to provide.
G. 
After administering the test the examiner shall again ask the applicant, if deception is indicated, whether there is any information which the applicant is withholding.
H. 
If the examiner shall deem any of the applicant's responses to be deceptive, the examiner must tell the applicant immediately and give the applicant an opportunity to explain, deny or admit the deception. If the applicant denies being deceptive or if the explanation is found unsatisfactory by the examiner, the applicant will be given the opportunity to retake the test with a second examiner. Notice of the opportunity to retest shall be given in writing to the applicant. The second examiner will not have access to the results of the first test prior to readministering the polygraph. If the second examiner finds no deception, the applicant will be considered as having passed the polygraph examination. If the second examiner also finds the applicant deceptive, the applicant will be considered as having failed the examination.
A. 
After the Borough Council selects a candidate from the certified list for appointment to the vacant position, that candidate at the Commission's discretion may be required to submit to a physical examination and a psychological examination by the appropriate medical experts.
B. 
If the candidate successfully passes both the physical and psychological examinations, then that candidate shall be appointed to the vacant position in the Police Department for which the application was submitted.
C. 
The appointment shall be contingent upon successfully passing both the physical and psychological examinations.
D. 
Failure to pass either examination shall result in the candidate being rejected from consideration.
E. 
The rejected candidate may appeal this decision under § 14-25.
F. 
In the event the candidate is rejected, the Commission shall then certify another name to be included with the two previously certified names for consideration by the Borough Council pursuant to § 14-34.
A. 
Every successful applicant to the position of patrol officer or to a promotional position with the Police Department shall serve a twelve-month probationary period.
B. 
For newly hired police officers, the one-year probationary period shall not commence until after the officer has received a certification number.
C. 
During the probationary period, a newly hired officer may only be dismissed for cause for the reasons set forth in § 14-49.
D. 
A promoted officer, during probation, may be returned to a prior rank only for cause for the reasons set forth in § 14-49. However, at the end of the twelve-month probationary period, if the conduct of the probationer has not been satisfactory to the Borough Council, the probationer shall be notified in writing that the appointment will not be permanent.
E. 
At that time, a newly hired officer's employment shall end, and a promoted officer shall return to a previous rank.
F. 
Any officer who is not informed in writing that their performance has been unsatisfactory shall receive a permanent appointment to the new position.
G. 
Any probationer who is notified in writing that their appointment will not be made permanent has no right of appeal under these rules and regulations.
A. 
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 may be appointed provisionally to fill such vacancy provided, that nothing within this section shall prevent the appointment, without examination, of the persons temporarily as police officers in cases of riot or other emergency.
B. 
In the event of a provisional appointment, it shall thereupon become the duty of the Commission, within three weeks, to schedule a competitive examination and certify a list of those eligible and then a regular appointment shall be made from the name or names submitted by the Commission.
A. 
All applicants for a promotional position, except the Chief and Assistant Chief, shall not have received a formal written reprimand for one year prior to the deadline for submitting their name to the list of eligibles wishing to be tested for the vacant position, and shall not have been suspended at any time three years prior to the deadline for submitting their name to a list. Any formal written reprimand or suspension to which the applicant has timely appealed pursuant to the grievance procedure or these rules and regulations shall be disregarded unless the appeal is resolved prior to creation of the eligibility list.
B. 
All applicants for promotion shall have continuous prior service with the Trafford Police Department as follows:
(1) 
An applicant for the position of Corporal shall have at least two years service with the Department;
(2) 
An applicant for the position of Sergeant shall be a Corporal and have had at least one year of experience in that rank within this Department; and
(3) 
An applicant for the position of Lieutenant shall be Sergeant and have had at least one year of experience in that rank within this Department.
(4) 
An applicant for the position of Captain shall be Lieutenant and have had at least one year of experience in that rank within this Department.
The Commission may refuse to examine, or if examined, refuse to certify as eligible after examination, any applicant who is found to lack any of the minimum qualifications prescribed in these rules and regulations for the particular position for which the applicant has applied.
Rejected or disqualified applicants for Promotion have the same rights of appeal as stated in § 14-25 of these rules and regulations.
The examination for the positions of Corporal, Sergeant, Lieutenant and Captain shall include a written and oral examination which will be graded on a 100-point scale, with the written examination representing 70% and the oral examination representing 30% of the final score. After an applicant has been extended an offer of promotion, Borough Council may make the offer of promotion contingent upon the applicant passing a psychological examination.
A. 
The requirements of §§ 14-28 and 14-29 of these rules and regulations will govern the grading, scoring, and passing requirements of the promotion examinations excluding the physical fitness requirements.
B. 
Candidates for promotion shall not be required to submit to a physical fitness agility examination.
Veterans' preference points are awarded to those who qualify for the initial appointment to patrol officer as set forth in § 14-31 and candidates for promotion shall receive no additional preference for promotions.
At the conclusion of the examination requirements 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 at the bottom of the list. The eligibility list should be valid for one year from the date the Commission ranks all passing applicants and formally adopts the eligibility list. The Borough Council in its discretion may extend the list for an additional year or, may void the eligibility list at any time for any reason.
A. 
The Borough Council will determine if a vacancy exists in the ranks and whether the vacancy should be filled. In the event that Council chooses to fill the vacancy, then the Commission shall certify three names from the list of eligibles.
B. 
If three names are not available, then the Commission shall certify the name(s) remaining on the list.
C. 
Borough Council shall make an appointment from one of the three names certified with consideration to the merits and fitness of each candidate.
D. 
Borough Council may object to one or more of the persons certified for reasons set forth in § 14-24 of these rules and regulations. If the candidate to whom the Council objects fails to timely exercise the rights of appeal under § 14-25, or if the Commission declines to uphold the appeal, the Commission shall strike the name of the candidate from the eligibility list and certify the next highest name for inclusion on the list of three candidates for each name stricken off.
A. 
Except as may be specifically set forth in these rules and regulations, no person appointed to a full-time civil service position in the Police Department may be suspended without pay or removed and no person promoted in rank, pursuant to these rules and regulations, may be reduced in rank except for the following reasons:
(1) 
Physical or mental disability affecting the officer's ability to continue in service, in which case the officer 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 orders or conduct unbecoming an officer;
(5) 
Intoxication while on duty; or
(6) 
Engaging or participating in or conducting of any political or election campaign other than the officer's exercise of the right of suffrage while on duty.
B. 
No officer shall be removed for reasons of religious beliefs or practices, racial or ethnic background, sexual orientation or political affiliations.
C. 
A statement of any charges made against any officer employed by the Borough of Trafford shall be furnished to the officer within five days after the Borough Council has adopted those charges.
A. 
If for any reason, it shall be deemed necessary by the Borough of Trafford to reduce the number of full-time police officers in the Department, then the Borough Council shall apply the following procedure:
(1) 
Such reduction shall be accomplished by furloughing in numerical order commencing with the person last appointed, including probationers, until such reduction shall have been accomplished.
B. 
In the event that Council decides to increase the Police Department, the furloughed officers shall be reinstated in order of their seniority in the department.
C. 
In order to be reinstated, a furloughed officer must accept reinstatement in writing within 30 days of receiving notice of the opening.
D. 
These reductions in force provisions are not applicable to the Chief of Police or Assistant Chief of Police.
A. 
Whenever a full-time civil service police officer is suspended, removed or reduced in rank, the specific charges warranting such actions shall be stated in writing by the Borough Council on its designated agent.
B. 
Charges against an officer shall be stated clearly and in sufficient detail to enable the officer to understand the charges and to allow the officer an opportunity to respond to those charges.
C. 
The charges shall specify the clause of § 14-49 which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the Borough Council relied in finding a violation of § 14-49.
D. 
Within five days after the Borough Council has imposed the disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified and regular mail.
E. 
The charges shall notify the officer of the right to appeal under § 14-52 of these rules and regulations.
F. 
A copy of the statement of charges shall also be served upon the members of the Civil Service Commission.
A. 
A full-time civil service officer who has been suspended, removed or reduced in rank may appeal the decision of the Borough Council to the Civil Service Commission.
B. 
A written notice requesting a hearing shall be sent to the Council of the Civil Service Commission at:
Civil Service Commission
Borough of Trafford
P.O. Box 196
414 Brinton Avenue
Trafford, PA 15146
C. 
This request shall be received by the Commission within 10 days after the officer received notice of the discipline.
D. 
The officer may make written answers to any charges filed no later than the date fixed for the hearing.
E. 
Failure of the officer to provide written answers to any of the charges shall not be deemed an admission of guilt or wrongdoing by the officer.
F. 
The Commission shall schedule a hearing within 10 days from the officer's written request for a hearing unless continued by the Commission for cause at the request of the Commission, the Borough Council or the officer.
G. 
At any such hearing, the officer against whom the charges have been made may be present and may be represented by counsel, may call witnesses and present testimony and documentation in defense.
H. 
The Borough may be represented by counsel, call witnesses and present evidence as is necessary to support the charges.
I. 
A stenographic record of all testimony shall be taken at every hearing and preserved by the Commission.
J. 
In the event the charges are dismissed, the record shall be sealed and not be available for public inspection.
K. 
In conducting the hearing, the Commission's standard of review shall be to determine whether sufficient evidence has been presented to support the statutory reason for disciplinary action.
L. 
If the Commission finds that sufficient evidence has been introduced to support the charge, the Commission shall not modify the penalty imposed by the Borough Council unless it finds that the penalty imposed was arbitrary, discriminatory or an abuse of the Council's discretion.
M. 
In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of Borough Council.
N. 
The Commission may request post-hearing briefs, and shall issue a written decision containing specific findings of fact and conclusions of law within 60 days of receipt of the hearing transcript.
O. 
The Commission may engage in discussion and deliberations in closed session, but disposition of disciplinary action shall occur at a public meeting.
Notice of the date, time and place for each hearing shall be given in the following manner:
A. 
By either personal service or by registered mail to each person making charges and to the person accused; and
B. 
By mailing a notice to all other parties who have an interest in the hearing; provided, however, that any failure to give the notice required by this subsection shall not invalidate any action taken by the Commission.
A. 
All testimony shall be given under oath administered by the Chairperson, or in absence of the chair, the Vice Chairperson.
B. 
The Commission shall have the power to issue subpoenas as set forth in § 14-13.
C. 
The hearing shall be closed to the public so long as permitted by law unless the person accused, when making written demand for a hearing, requests that such hearing be open to the public.
D. 
The Rules of Evidence now in force in the Court of Common Pleas of Westmoreland County, Commonwealth of Pennsylvania, shall be the Rules of Evidence for the Commission; provided, however, that the Rules, with regard to hearsay evidence, shall be relaxed and liberally construed. All rulings on evidence shall be made by the Presiding Chairperson, or in his absence, the Vice Chairperson at the hearing, subject to objection by other members of the Commission. In the event of such objection, the Commission shall adjourn, vote in private on the objection, and return with a public ruling. The Commission may designate its solicitor to preside over hearings and rule on objections.
E. 
Parties to hearing before the Board shall be as follows:
(1) 
Appellant: The parties sought to be suspended, removed or demoted, who requested a hearing in his council.
(2) 
Commission: The Commission, individually or collectively, shall have the rights of a party and all hearings and may appear by council.
(3) 
Suspender: Borough Council of the Borough of Trafford.
(4) 
Counsel: Counsel is defined as an attorney at law who is admitted to practice before the Supreme Court of the Commonwealth of Pennsylvania.
F. 
Rights of the parties:
(1) 
All parties shall have the right to request the Commission issue subpoenas to compel the attendance of witness or other evidence.
(2) 
All parties shall have the right to remain silent, to testify, examine witnesses, cross-examine witnesses of other parties, and to offer documentary or other non-oral evidence.
(3) 
The Commission shall have the rights of a party with regard to calling of witnesses and the right to cross-examine witnesses of other parties.
G. 
Procedural rules:
(1) 
Appellant shall file with the Commission, in writing, his/her "demand" for a hearing. The demand for a hearing shall consist of the following parts:
(a) 
Written demand for a hearing addressed to the Commission.
(b) 
Statement or notice of suspension (permissive, not mandatory).
(c) 
Appellant's answer to the suspension (permissive, not mandatory).
(2) 
The demand shall be served on the Borough Council or his/her designee, who, for the purpose of accepting service, shall be the agent of the Commission. The appellant shall have the right to public hearing and shall notify, in writing, the Commission of the intent to exercise such right. Failure to give notice will be deemed as a waiver of such right and the hearing shall be closed, open only to the parties and their counsel. The hearing shall be conducted as follows:
(a) 
The presiding chairman shall call the hearing to order.
(b) 
The suspension notice, charges and the answer, if any, shall be read into the record by the Council of the Commission or other designated person.
(c) 
All witnesses shall testify under oath. The oath shall be given by the Presiding Chairperson or designated official.
(d) 
The suspender may make an opening statement.
(e) 
The suspender may present witnesses and evidence.
(f) 
The appellant may move for dismissal of the suspension and charges and may argue and rebuttal.
(g) 
The Commission shall rule on the motion to dismiss.
(h) 
The appellant may make an opening statement.
(i) 
The appellant may present witnesses and evidence.
(j) 
Argument shall be as follows:
[1] 
The party ordered the suspensions shall argue first.
[2] 
The appellant shall have the final argument.
(k) 
All parties shall have the right to cross-examine at the conclusion of testimony under act examination. Re-direct examination and re-cross-examination shall be permitted.
(l) 
Decision by the Commission:
[1] 
The decision shall be reached in secret.
[2] 
Majority and minority opinions may be filed.
(m) 
A stenographic and/or tape record shall be made of all hearings.
H. 
Decision of the civil service commission. The Commission shall issue its decision approved by at least two members of the Commission. The written decision shall include all findings of fact and conclusions of law. If, during the hearing, opposing facts are presented, the Commission shall include its decision as to the correct facts.
I. 
If the Commission sustains the charges, the officer against whom disciplinary action was taken may file an appeal with the Court of Common Pleas within 30 days from the date of entry by the Commission of its final order.
J. 
In the event that the Commission fails to uphold the charges, then the person 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 related to the suspension, removal or reduction in rank shall be officially recorded in the officer's record.