Township of Lower Gwynedd, PA Township Police

Eligibility for Examination. In order to be eligible for participation in any examination for any patrol officer position with the Police Department, every applicant must submit a completed application form before the deadline stated for that specific examination. The application must be completed truthfully. The applicant is subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.

Discrimination. The Township is an equal opportunity employer. It is the Township's policy 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 will provide equal opportunities in employment and promotion.

Availability. The Township may administer a test exclusively for Lower Gwynedd Township or the Township may administer a test in conjunction with other municipalities. Application forms will be available to all interested persons in the office of the Township Manager or in other offices as designated by the Township, on the Township internet website, or from other municipalities participating in the same test.

General Qualifications for All Applicants. In accordance with the Rules and Regulations of the Commonwealth of Pennsylvania's Municipal Police Officers' Education and Training Commission and Lower Gwynedd Township, every applicant for any patrol officer position shall:

Have reached their 21st birthday before the deadline for submitting completed applications.

Be a United States citizen at the time of appointment.

Be free from convictions of disqualifying criminal offenses.

Possess a high school diploma from an accredited high school or a graduate equivalency diploma (GED).

Have successfully completed the Act 120 Municipal Police Officers' Education and Training certification program. (Applicants currently enrolled in an Act 120 Academy or who meet eligibility requirements for a Waiver of Training may apply for the position, but must receive MPOETC certification prior to appointment.)

Be physically and psychologically capable of performing the duties of a police officer.

Possess a valid motor vehicle operator's license issued by the Commonwealth of Pennsylvania prior to appointment.

Be able to read at no less than the ninth grade level (MPOETC requirement).

(5)

Rejection of Applicant. The Township 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. Any rejected applicant may request reconsideration of the decision by writing to the Township Manager within 10 days of the notice of rejection.

(6)

Recording and Filing Applications. The Township may administer an entry level police test exclusively for Lower Gwynedd Township, or the Township may enter into an agreement with multiple municipalities to administer said test. In either case, applications for positions in the Police Department shall be received at the Lower Gwynedd Township Building or at a designated municipality only after a hiring test has been properly advertised and before the deadline for receiving applications which must be set forth in the public advertisement. The advertisement shall specify the deadline date and time for acceptance, the location to which the application must be sent and any other pertinent information required to insure the applicant has submitted a completed application. Upon receipt of a completed application by the designated municipality, the application shall be recorded and the applicant shall receive notice of the date, time and location for the testing procedure, the written examination. Any application containing material errors or omissions may, at the discretion of the Township, be returned to the applicant for correction prior to the deadline for filing the application after which no new applications or amended applications will be accepted.

(b)

Examination and Grading Procedure.

General Examination Requirements for the Position of Police Officer. The examination for the position of Police Officer will consist of a written and an oral examination which will be graded on a one-hundred-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 qualified applicant will undergo a physical fitness test and a background investigation. These tests will be graded on a pass/fail basis for each applicant. After an applicant has been extended an offer of employment, final appointment shall be contingent upon the applicant passing a physical, psychological and polygraph examination.

Written Examination. The written examination shall be graded on a one-hundred-point scale. An applicant must score 70% or higher and receive one of the 20 highest scores, including ties, in order to continue in the application process. Applicants scoring less than 70% or not receiving one of the top 20 highest scores shall be rejected. Within 30 days after the administration of the written examination, the applicants with the 20 highest scores, plus ties, shall be given written notice of their test results and shall be scheduled for a physical fitness examination. Written test scores for all applicants will be available for viewing at the Township Building.

Physical Fitness Examination. Applicants scheduled for a physical fitness examination will be furnished with a copy of the examination requirements. The requirements for the physical fitness examination shall:

Meet the minimum standards for physical fitness for a police officer as established by the Municipal Police Officers' Education and Training Commission.

Meet the minimum standards required to perform the essential duties of a police officer in Lower Gwynedd Township.

Background Investigation. The Township shall request the Chief of Police or the Chief's designee to conduct a background investigation on each applicant. The background investigation shall be conducted, at a minimum, following the background investigation guidelines required by the Pennsylvania Municipal Police Officers Education and Training Commission, Act 120, as amended. These minimum guidelines shall include, but are not limited to, a criminal history check, driving record check, credit history check and personal interviews with persons having personal knowledge of the applicants' background and work history. Additionally, each applicant shall complete a personal data questionnaire. Upon completion of the questionnaire, the applicant will meet with a designee of the Chief to review the information in the questionnaire for accuracy and truthfulness. The applicant may be interviewed directly when the information collected during the background investigation requires clarification or explanation. After the background investigation is completed, the Chief or designee shall make a written recommendation as to whether or not the applicant is appropriate for consideration for appointment as a police officer. The Township Manager shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate.

(5)

Oral Examination. Every applicant who received one of the top 20 scores, including ties, and scored 70% or higher in the written examination and passed the physical agility test shall be given an oral examination which will be graded on a one-hundred-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. The oral examination represents 50% of the final score. Within 30 days after the applicants' oral examination, they shall be informed of the score in their oral examination and total overall score.

(c)

Certification of the list of eligibles and appointment.

Creation of Eligibility List. At the completion of the examination requirements set forth above, written examination, physical fitness test, background investigation and oral examination, the interview committee 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. In the case of tied scores, then the applicants shall be ranked in alphabetical order by surname. The eligibility list will remain in effect for at least 12 months from the date of its adoption by the Board of Supervisors. The Board of Supervisors may, at its sole discretion, before the original expiration date, by vote of a majority of members, at a duly authorized meeting, extend the list for up to 12 months. The Board of Supervisors may, at its discretion, void an eligible list at any time for an appropriate reason.

Appointment.

The Board of Supervisors 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 or psychological examinations, no other testing shall be required for a furloughed employee or a rehired or reappointed employee.

If no furlough list exists or if positions remain to be filled after all of the officers on the furlough list were offered reemployment, every position, except that of the Chief of Police, shall be filled only in the following manner:

The interview committee shall certify three names from the list of eligibles.

If the three names are not available, then the interview committee shall certify the name(s) remaining on the list of eligibles.

The Board of Supervisors shall make an appointment from one of the three names certified with reference to the merits and fitness of the candidates. However, for initial appointment to the position of police officer, when one of the three applicants on the certified list is eligible for veteran's preference, that applicant shall be selected.

Physical, Psychological and Polygraph Examinations. The Board of Supervisors shall make an offer of employment to the selected applicant with final appointment being contingent upon the candidate successfully passing a physical, psychological and polygraph examination. Failure to successfully pass any of these examinations shall result in the candidate being rejected from further consideration.

Physical Examination. The Municipal Police Officers' Education and Training Commission establish the standards for the administration of physical examinations. An applicant will be sent to a licensed medical professional meeting MPOETC certification standards who will conduct a physical examination in accordance with MPOETC requirements. The medical professional shall submit the appropriate MPOETC form to the Township indicating that the applicant meets the requirements to be considered physically capable of performing the duties of a police officer. Applicants will be furnished with a copy of the physical examination requirements.

Psychological Examination. The Municipal Police Officers' Education and Training Commission establish the standards for the administration of psychological examinations. An applicant will be sent to a licensed medical professional meeting MPOETC certification standards who will conduct a psychological examination in accordance with MPOETC requirements. The medical professional shall submit the appropriate MPOETC form to the Township indicating that the applicant meets the requirements to be considered psychologically capable to exercise appropriate judgment or restraint in performing the duties of a police officer. Applicants will be furnished with a copy of the psychological examination requirements.

Polygraph Examination. A polygraph examiner shall administer the polygraph test based on information provided in the applicant's personal data questionnaire, information obtained during the background investigation and from information gained during pre-test and post-test interviews with the applicant. The examiner shall notify the Chief of Police or his designee if deception is indicated or the examiner believes that the applicant is withholding information. The Chief shall review the information in question and, if appropriate, permit the applicant with the opportunity to provide reliable and verifiable proof to refute the examiners conclusion. The Chief may also conduct a further investigation into the facts and circumstances regarding the information in question. If the situation or information in question cannot be satisfactorily resolved by the applicant or upon the Police Department investigation, then the Chief shall notify the Township Manager. The Township Manager shall make the final determination as to whether the applicant should be retested, a further investigation conducted or declare the applicant as failing the test.

Probationary Period. Every successful applicant to the position of patrol officer with the Police Department shall serve a twelve-month probationary period. At any time during the probationary period, the probationary officer may be terminated for unacceptable performance or behavior. The probationer shall be notified in writing that the appointment will not be permanent and that their employment shall end. Any officer who is not informed in writing that his or her performance has been unsatisfactory shall receive a permanent appointment to the new position.

§ 244.02 Warrantless arrest.

[Res. 96-20. Passed 6-10-1996]

(a)

In addition to any other statutorily permitted warrantless arrest, officers of the Lower Gwynedd Township Police Department shall be permitted to effect a warrantless arrest of a person violating the following provisions of Title 18 of the Crimes Code:

Section 5503 (relating to disorderly conduct).

Section 5505 (relating to public drunkenness).

Section 5507 (relating to obstructing highways and other public passages).

Section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).

(b)

Local police officers shall be governed by

Rule 71, Pennsylvania Rules of Criminal Procedure (Procedure following arrest without warrant).

All of the following requirements:

The officer has probable cause to believe that one of the specified crimes is involved.

The defendant's conduct is ongoing.

The conduct constituting the crime is upon the officer's view.

The conduct imperils the personal security of any person or endangers public or private property.

(c)

Following any such warrantless arrest:

The arresting officer(s) shall immediately transport the defendant(s) to the Township Police Department for processing and issuance of a citation.

The defendant shall be processed without unnecessary delay and furnished a copy of the citation.

The defendant will then be released, provided that he/she is no longer in a position to imperil his/her personal security or the personal security of another.

In the case of juvenile defendants:

Timely attempts shall be made to contact a parent, guardian or other responsible adult who shall have an interest is such juvenile.

The juvenile shall be promptly released to a parent, guardian or other responsible adult after completion of processing and the issuance of a citation.

If, after a period of six hours, a parent, guardian or other responsible adult cannot be contacted, or such shall refuse to accept custody, the officer shall contact the Juvenile Probation Department to arrange shelter for such juvenile.

§ 244.03 Background investigations.

[Added 4-13-2021 by Ord. No. 526]

(a)

Definitions. The following words and phrases, when used in this § 244.03, shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

ACT 57

Act of July 14, 2020, P.L. 613, Session of 2020, No. 2020-57, as amended.[1]

APPLICANT

A person applying for employment as a law enforcement officer or for a position leading to employment as a law enforcement officer.

BOARD OF SUPERVISORS

The Board of Supervisors of Lower Gwynedd Township.

CHIEF

The Lower Gwynedd Township Chief of Police.

COMMISSION

The Pennsylvania Municipal Police Officers' Education and Training Commission.

DEPARTMENT

The Lower Gwynedd Township Police Department.

EMPLOYMENT INFORMATION

Written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, and eligibility for rehire.

DISCIPLINARY ACTION

Disciplinary action in which a law enforcement officer voluntarily accepts discipline or, in the case of appeal by the disciplined officer, disciplinary action in which the appeal has been exhausted or resolved by settlement agreement, arbitration or other dispute resolution mechanism.

[Amended 6-28-2022 by Ord. No. 530]

LAW ENFORCEMENT AGENCY

A law enforcement agency in this commonwealth that is the employer of a law enforcement officer.

LAW ENFORCEMENT OFFICER

The definition shall have the same meaning as the term "peace officer" under 18 Pa.C.S.A. § 501 (relating to definitions).

SEPARATION RECORDS

Those records required to be maintained under this section.

TOWNSHIP

Lower Gwynedd Township and its designees.

[1]

Editor's Note: See 44 Pa.C.S.A. § 7301 et seq.

(b)

Background Investigations. A background investigation shall be conducted by the Township and/or the Department before an applicant is offered employment. A background investigation must comply with all applicable requirements of Act 57. However, the Township may, at any time, establish standards in excess of Act 57's standards if such standards are not contrary to applicable law. The Department shall revise General Order 1.5 to comply with the terms of this chapter and any subsequent amendments thereto. The Township Manager shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate.

(c)

Full Disclosure. In performing a background investigation, the Township, the Department, or their respective designees shall request full disclosure from all law enforcement agencies which had previously employed the applicant of all available employment information, following the procedure set forth in Act 57 or as otherwise specified by the Commission. If a law enforcement agency refuses to disclose employment information to the Department in accordance Act 57, the Board of Supervisors may petition the Commonwealth Court seeking an order directing the disclosure of the employment information. An applicant must disclose if employment information is subject to a confidentiality agreement between the applicant and a law enforcement agency, in which event the applicant shall disclose to the Department the existence of such an agreement.

(d)

Separation Disclosure.

Waiver Required.

An applicant shall provide to the Department, upon an offer of employment, a signed waiver expressly allowing the Department to contact the Commission to seek a copy of any separation record.

The waiver shall consist of a form developed by the Commission and made available by the Commission on its website or otherwise.

The Department shall provide the signed waiver to the Commission.

Separation Records Required. The Department shall not hire or extend an offer to hire an applicant until the Department receives a copy of the separation record or certification of no separation record from the Commission.

If the Department hires an applicant whose separation records include any of the following, the Department shall file a report with the Commission that sets forth the Department's reasoning and rationale for hiring the applicant:

Disciplinary action and/or a judicial finding based on any of the following:

[Amended 6-28-2022 by Ord. No. 530]

Excessive force;

Harassment;

Theft;

Discrimination;

Sexual abuse;

Sexual misconduct;

Domestic violence;

Coercion of a false confession;

(I)

Filing a false report;

(J)

A judicial finding of dishonesty; and

(K)

Planning and/or participating in one or more acts of insurrection or obstruction to the laws of the United States, any individual state or territory, or any political subdivision thereof.

A criminal conviction relating to conduct described in Paragraph (d)(2)A1 above.

(e)

Separation Records.

Prior to extending an offer of employment, the Department shall access and review all available separation records maintained by the Commission.

In addition to any other employment information required to be maintained under current law and regulation, the Department shall maintain the following separation records for each law enforcement officer employed by the Department:

Records of the reason or reasons for, and circumstances surrounding, a separation of service, on a form developed by the Commission and made available on its publicly accessible internet website.

Records of all criminal charges filed against a law enforcement officer.

Records of all civil or ethical complaints made against a law enforcement officer.

Records of the disposition of all charges and complaints, including disciplinary actions taken by the Department against a law enforcement officer, including imposition of probationary or other conditions related to employment.

[Amended 6-28-2022 by Ord. No. 530]

A law enforcement officer may review a separation record upon the request of the law enforcement officer on a form developed by the Commission and made available on the Department's publicly accessible internet website.

If a law enforcement officer disagrees with the accuracy of the contents of a separation record, the law enforcement officer may request the correction or removal of the portion of the record believed to be incorrect. The request must be made, in writing, using a form developed by the Commission and available on the Commission's publicly accessible internet website. The Department shall provide written reasons for correction or removal of a portion of the record, or of the refusal to do so.

(5)

If the Department and a law enforcement officer cannot reach an agreement on the contents of the record, the law enforcement officer may submit a written statement explaining the law enforcement officer's position and the basis for the disagreement. The statement shall be kept with and part of the separation records required by Act 57.

(6)

Within 15 days of the separation of a law enforcement officer, the Department shall submit the separation records to the Commission.

(f)

Disclosure of Separation.