[HISTORY: Adopted by the Borough Council of the Borough of
Penndel 8-15-2022 by Ord. No. 2022-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 13,
Civil Service Commission, adopted 11-5-1973 (Ch. 5 of the 1976 Borough
Code).
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The Borough of Penndel, Bucks County, Pennsylvania. Any reference
in this chapter, or rules promulgated thereunder to action taken by
the Borough, shall refer to actions taken by and through the Borough
Council of Penndel (i.e., the appointing authority).
The Civil Service Commission of the Borough of Penndel, Penndel,
Pennsylvania.
The Borough Council of the Borough of Penndel, Bucks County,
Pennsylvania.
A person who operates fire apparatus and devotes his normal
working hours to operating any piece of fire apparatus or other services
connected with fire protection work and who is paid a stated salary
or compensation for the work by the Borough.
A police force organized and operating as prescribed by law,
the members of which devote their normal working hours to police duty
or duty in connection with the bureau, agencies and services connected
with police protection work and who are paid a stated salary or compensation
for the work by the Borough. As used in this chapter, the term shall
not include any of the following:
Special police appointed by the Mayor to act in emergencies.
A person appointed solely for parking meter enforcement duties.
Special school police.
Extra police serving from time to time or on an hourly or daily
basis.
An auxiliary policeman appointed under the act of January 14,
1952 (1951 P.L. 2016, No. 561),[1] entitled "An act providing for supplementing the police
forces of cities, boroughs, towns and townships, for the appointment,
powers and control of auxiliary police therein, and for the transfer
during disasters and emergencies of such auxiliary police, members
of the regular police forces, and police equipment thereof."
[1]
Editor's Note: See 53 P.S. § 731 et seq.
A.
Nonapplicability of chapter. This chapter shall not apply where:
(1)
The Borough has a police department of less than three members;
(2)
The Borough has a police department of three or more members if those
members in excess of two are appointed on a temporary basis through
a federally funded program;
(3)
A volunteer fire department or company that employs its own operators;
or
(4)
The Borough has less than three salaried fire apparatus operators.
B.
Compensation. This chapter is subject to the power of Council to
determine compensation.
C.
Appointments and promotions. An appointment to and promotion in the
Police Department or as fire apparatus operator paid directly by the
Borough and in the Borough shall be made only according to qualifications
and fitness, to be ascertained by examinations which shall be competitive
as provided in this chapter.
D.
Suspension, removal and reduction in rank. No person shall be suspended,
removed or reduced in rank as a paid employee in the Police Department
or as a paid fire apparatus operator of the Borough, except in accordance
with this chapter.
E.
Retirement. Nothing in this chapter shall apply to retirement, nor
shall anything in this chapter be construed to prevent the Borough
from adopting a compulsory retirement age for its employees or for
any class of employees and from retiring all employees automatically
when they reach that age.
A.
Establishment. A Civil Service Commission for the Borough is established.
B.
Membership and terms. The Commission shall consist of three commissioners
who shall be qualified electors of the Borough and appointed by the
Council initially to serve for the terms of two, four and six years.
As terms expire, the commissioners shall be appointed for terms of
six years.
C.
Vacancies. A vacancy occurring in the Commission for any reason shall
be filled by the Council for the unexpired term within the period
of 30 days after the vacancy occurs.
D.
Alternate members.
(1)
Council may appoint no more than three qualified electors of the
Borough to serve as alternate members of the Commission. The term
of office of the alternate members shall be six years.
(2)
If seated under § 13-5 (relating to organization of Commission), an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties specified in this part and as otherwise provided by law.
(3)
An alternate member may not hold another office in the Borough.
E.
Oath or affirmation of office. Each member of the Commission, before
entering upon the discharge of the duties of office, shall take an
oath or affirmation of office under 53 Pa.C.S.A. § 1141
(relating to form of oaths of office).
F.
Compensation prohibited. The Civil Service Commissioners shall receive
no compensation.
No commissioner shall at the same time hold an elective or appointed
office under the federal government, this commonwealth or any political
subdivision of the commonwealth, except that one member of the Commission
may be a member of the Council and one may be a member of the teaching
profession.
A.
General rule. The Commission first appointed shall organize within
10 days of its appointment and shall elect one of its members as the
Chair and one as the Secretary. The Commission shall meet and organize
on the first Monday of each even-numbered year. Each Commissioner
shall be notified, in writing, of each and every meeting.
B.
Quorum. Three members of the Commission shall constitute a quorum.
If, by reason of absence or disqualification of a member, a quorum
is not reached, the Chair shall designate as many alternate members
of the Commission to sit on the Commission as may be needed to provide
a quorum.
C.
Alternate members.
(1)
An alternate member of the Commission shall continue to serve on
the Commission in all proceedings involving the matter or case for
which the alternate was initially designated until the Commission
has made a final determination of the matter or case.
(2)
Designation of an alternate member under this section shall be made
on a case-by-case basis in rotation according to declining seniority
among the alternates.
D.
Validity of Commission action. No action of the Commission may be
valid unless it shall have the concurrence of at least two members.
The Borough shall:
A.
Furnish to the Commission, on its requisition, clerical assistance
that may be necessary for the work of the Commission.
B.
Provide a suitable and convenient room for the use of the Commission.
The Commission shall order from the Borough the necessary stationery,
postage, printing and supplies.
C.
Provide the services of a solicitor for the Commission to be appointed
by the Commission and paid by the Borough. The Borough may place a
reasonable limit on the amount allowed each year for the services
of the Commission solicitor.
D.
Through its elected and appointed officials, aid the Commission in
all proper ways in carrying out the provisions of this chapter relating
to civil service.
A.
General rule. The Commission may prescribe, amend and enforce rules
and regulations for carrying into effect this chapter and shall be
governed by the rules and regulations. Before the effective date of
the rules and regulations or amendments to them, they shall be first
approved by Council. If the rules and regulations or amendments have
been approved, they shall not be annulled, amended or added to without
the approval of Council.
B.
Public distribution and inspection. All rules and regulations and
modifications shall be made available by the Borough for public distribution
or inspection.
The Commission shall maintain minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the Commission, except as otherwise provided in § 13-22 (relating to hearings on dismissals and reductions), shall be open to public inspection and subject to reasonable regulation.
The Commission may conduct investigations concerning all matters
touching the administration and enforcement of this chapter and rules
and regulations adopted under this chapter. The Chair of the Commission
may administer oaths and affirmations in connection with the investigations.
A.
General rule. The Commission may issue subpoenas over the signature
of the Chair to require the attendance of witnesses and the production
of records and papers pertaining to any investigation or inquiry.
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 expenses of the Commission.
B.
Persons required to attend. All officers in public service and employees
shall attend and testify if required to do so by the Commission.
C.
Penalty for violation. If any person refuses or neglects to obey
a subpoena issued by the Commission, the person shall, upon conviction,
be sentenced to pay a fine not to exceed $100 and, in default of the
payment of the fine and costs, shall be imprisoned for a term not
to exceed 30 days.
D.
Petition to court. If a person refuses or neglects to obey a subpoena
issued by the Commission, the Commission may apply by petition to
the Court of Common Pleas of the county for its subpoena requiring
the attendance of the person before the Commission or the Court to
testify and to produce any records and papers necessary, and, if the
person defaults, the person shall be held in contempt of court.
The Commission shall make an annual report to the Council containing
a brief summary of its work during the year which shall be available
for public inspection.
A.
Rules and regulations.
(1)
The Commission shall make rules and regulations, to be approved as provided in § 13-17 (relating to rules and regulations), providing for the examination of applicants for positions in the police force and as paid fire apparatus operators and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades.
(2)
All examinations for positions or promotions shall be practical in
character and shall relate to matters and include inquiries as will
fairly test the merit and fitness of the persons examined to discharge
the duties of the employment sought by them.
(3)
All examinations shall be open to all applicants who have the minimum
qualifications required by the rules and regulations.
(4)
Each applicant for an original position shall:
(a)
Be subject to the regulations adopted by the Commission.
(b)
Either before or after the written examination, submit to a
physical fitness or agility examination that is job related and consistent
with business necessity.
B.
Promotions.
(1)
An applicant for promotion shall be subject to the regulations adopted by the Commission and to examination and selection in accordance with § 13-19 (relating to promotions).
(2)
A physical fitness or agility examination that is job related and
consistent with business necessity and physical and psychological
medical examinations may, but need not, be required for a promotion.
C.
Public notice. Public notice of the time and place of every examination,
together with the information as to the kind of position to be filled,
shall be given by publication once in a newspaper of general circulation,
at least two weeks prior to each examination, and a copy of the notice
shall be prominently posted in the office of the Commission or other
public place.
D.
Posting of eligibility list. The Commission shall designate where
its office shall be located and post in its office the eligibility
list containing the names and grades of those who have passed the
examination.
A person who desires to apply for examination must file with
the Commission a formal application in which the applicant shall provide,
under oath or affirmation, the following information:
A.
Full name and residence or post office address.
B.
Citizenship and place and date of birth.
C.
Condition of health and physical capacity for public service.
D.
Business or employment and the applicant's residence for the
past five years.
E.
Other information as may be required by the Commission's rules
and regulations, showing the applicant's qualifications for the
position for which the applicant is being examined.
A.
General rule. The Commission may refuse to examine or, if examined,
may refuse to certify after examination as eligible any applicant
who:
(1)
Is found to lack any of the minimum qualifications for examination
prescribed in the rules and regulations adopted for the position or
employment for which the applicant has applied;
(2)
Is physically unfit for the performance of the duties of the position
to which the applicant seeks employment;
(3)
Is illegally using a controlled substance, as defined in Section
102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C.A.
§ 802);
(4)
Has been guilty of any crime involving moral turpitude or of infamous
or notoriously disgraceful conduct;
(5)
Has been dismissed from public service for delinquency or misconduct
of office; or
(6)
Is affiliated with any group whose policies or activities are subversive
to the form of government enumerated in the constitutions and laws
of the United States and this commonwealth.
B.
Hearing requirements.
(1)
If an applicant is aggrieved by the refusal of the Commission to
certify the applicant as eligible after examination or a person is
aggrieved by refusal of the Commission to examine the person, the
Commission shall, at the request of the applicant or person aggrieved,
within 10 days, appoint a time and place for a public hearing.
(2)
At the hearing, the applicant or person aggrieved may appear with
or without counsel, and the Commission shall take testimony and review
its refusal to provide examination or certification.
(3)
The deliberations of the Commission, including interim rulings on
evidentiary or procedural issues, may be held in the nature of a closed
executive session.
(5)
The decision of the Commission shall be final.
A.
Ranking of candidates.
(1)
At the completion of the testing process, including a physical agility or other examination, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under § 13-20 (relating to physical and psychological medical examination), the Commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list.
(2)
The eligibility list shall contain the names of individuals eligible
for appointment listed from highest to lowest based on their scores
on the examinations administered by the Commission and any points
for which an applicant was entitled by virtue of 51 Pa.C.S.A. Ch.
71 (relating to veterans' preference).[1]
[1]
Editor's Note: See 51 Pa.C.S.A. § 7101 et seq.
(3)
The eligibility list will be valid for one year from the date the
Commission formally adopts the eligibility list.
(4)
Prior to expiration of the one-year period, the Commission may extend
the validity of the eligibility list for up to an additional 12 months
by a majority vote of the Commission at a duly authorized Commission
meeting.
B.
Procedure for filling positions. Except as provided in Subsection C, every original position or employment in the police force or as paid fire apparatus operators, except that of Chief of Police or Chief of the Fire Department, or equivalent, shall be filled only in the following manner:
(1)
The Council shall notify the Commission of any vacancy which is to
be filled and shall request the certification of an eligibility list.
(2)
The Commission shall certify for each existing vacancy from the eligibility
list the names of the three persons or a lesser number, if three are
not available, who have received the highest average.
(3)
The Council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless Council makes objections to the Commission regarding one or more of the certified persons for any of the reasons stated in § 13-14 (relating to rejection of applicant and hearing).
(4)
If the objections are sustained by the Commission as provided in § 13-14 or the conditional appointee is determined to be unqualified in accordance with the procedures specified in § 13-20, the Commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list.
(5)
As each subsequent vacancy occurs in the same or another position,
the same procedure shall be followed.
C.
Vacancies in existing positions.
(1)
Any vacancy in an existing position in the police force or as a paid
fire apparatus operator which occurs as a result of retirement, resignation,
disability or death may be filled by Council by the reappointment
or reinstatement of a former employee of the police force or Fire
Department who had previously complied with this section.
(2)
No examination, other than a physical examination as directed by
the Civil Service Commission, shall be required in any case of reappointment
or reinstatement.
D.
Vacancies in certain offices.
(1)
In the case of a vacancy in the office of Chief of Police or Chief
of the fire department, or equivalent official, the Council may nominate
a person to the Commission.
(2)
The Commission shall subject the nominated person to a noncompetitive
examination, and, if the person is certified by the Commission as
qualified, the person may then be appointed to the position and shall
be subject to this chapter.
No person shall be eligible to apply for examination unless
the person is at least 18 years of age at the date of application.
An applicant need not be a resident of the Borough. The Council may
authorize the Commission, by rule or regulation, to require police
officers and paid fire apparatus operators to become residents of
the Borough after appointment to the positions.
A.
General rule. An original appointment to a position in the police force or as a paid fire apparatus operator shall be for a probationary period of not less than six months and not more than one year, but during the probationary period an appointee may be dismissed only for a cause specified in § 13-14 (relating to rejection of applicant and hearing) or because of incapacity for duty due to the use of alcohol or drugs.
B.
Notice denying permanent appointment.
(1)
If, at the close of a probationary period, the conduct or fitness
of the probationer has not been satisfactory to the Council, the probationer
shall be notified, in writing, that the probationer will not receive
a permanent appointment and the appointment shall cease.
(2)
If the probationer is not notified or dismissed in accordance with
this section, the probationer's retention shall be equivalent
to a permanent appointment.
A.
General rule. If there are urgent reasons for the filling of a vacancy
in a position in the police force and there are no names on the eligibility
list for the appointment, the Council may nominate a person to the
Commission for noncompetitive examination, and, if the nominee shall
be certified by the Commission as qualified after noncompetitive examination,
the nominee may be appointed provisionally to fill the vacancy.
B.
Competitive examination required.
(1)
Within three weeks of the provisional appointment, the Commission
shall hold a competitive examination and certify an eligibility list.
A regular appointment shall then be made from the name or names submitted
by the Commission.
(2)
Nothing in this section shall be construed to prevent the appointment,
without examination, of persons temporarily as police officers in
cases of riot or other emergencies or as fire apparatus operators
in emergency cases.
A.
General rule. A promotion shall be based on merit to be ascertained
by an examination to be prescribed by the Commission. All questions
relative to a promotion shall be practical in character and fairly
test the merit and fitness of persons seeking promotion.
B.
Notification of vacancy. Council shall notify the Commission of a
vacancy in the police force or as a paid fire apparatus operator in
the Borough which is to be filled by promotion and shall request the
certification of an eligibility list.
C.
Certification required.
(1)
The Commission shall certify for each vacancy the names of three
persons on the eligibility list who have received the highest average
in the last preceding promotional examination held within a period
of two years preceding the date of the request for the eligibility
list.
(2)
If three names are not available, the Commission shall certify the
names remaining on the eligibility list.
(3)
The Council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless Council makes objections to the Commission regarding one or more of the persons so certified for any reason provided under § 13-14 (relating to rejection of applicant and hearing).
D.
Increase in salary as promotion. The Council may determine in each
instance whether an increase in salary constitutes a promotion.
A.
Conditional offer of employment.
(1)
An applicant selected from the eligibility list shall receive a conditional
offer of employment. The offer of employment shall be conditioned
upon the conditional appointee undergoing a physical and psychological
medical examination and a determination that the conditional appointee
is capable of performing all the essential functions of the position.
(2)
Physical medical examinations shall be conducted under the direction
of a physician or other qualified medical professional.
(3)
Psychological medical examinations shall be conducted under the direction
of a psychiatrist or psychologist.
B.
Opinion to be rendered. The physician, other qualified medical professional,
psychiatrist or psychologist must be appointed by Council and shall
render an opinion as to whether the conditional appointee has a physical
or mental condition which calls into question the person's ability
to perform all of the essential functions of the position for which
the person was conditionally appointed.
C.
Interactive discussion with conditional appointee. If the opinion
rendered by the physician, other qualified medical professional, psychiatrist
or psychologist calls into question the conditional appointee's
ability to perform all essential functions of a position, the person
designated by Council shall meet with the conditional appointee for
the purpose of having one or more interactive discussions on whether
the conditional appointee can, with or without reasonable accommodation,
perform all the essential functions of the position.
D.
Written notice after interactive discussion. If, at the conclusion of the interactive discussion conducted under Subsection C, Council determines that the conditional appointee is not qualified, Council shall give written notice to the conditional appointee and the Commission.
E.
Construction. Nothing in this part shall be construed to authorize
physical or psychological medical examinations prior to conditional
appointment.
F.
MEDICAL EXAMINATION
PHYSICIAN
QUALIFIED MEDICAL PROFESSIONAL
Definitions. The following words and phrases when used in this section
shall have the meanings given to them in this subsection unless the
context clearly indicates otherwise:
An examination, procedure, inquiry or test designed to obtain
information about medical history or a physical or mental condition
which might disqualify an applicant for a position if it would prevent
the applicant from performing, with or without a reasonable accommodation,
all of the essential functions of the position.
The term shall have the meaning given to it under 1 Pa.C.S.A.
§ 1991 (relating to definitions).
An individual, in collaboration with or under the supervision
or direction of a physician, as may be required by law, who is licensed:
A.
General rule. No person employed in a police or fire force of the
Borough may be suspended without pay, removed or reduced in rank except
for the following reasons:
(1)
Physical or mental disability affecting the person's ability
to continue in service, in which case the person shall receive an
honorable discharge from service.
(2)
Neglect or violation of any official duty.
(3)
Violation of any law if the violation constitutes a misdemeanor or
felony.
(4)
Inefficiency, neglect, intemperance, immorality, disobedience of
orders or conduct unbecoming of an officer.
(5)
Intoxication while on duty.
(6)
Engaging or participating in the conduct of a political or election
campaign while on duty or in uniform or while using Borough property
otherwise than to exercise the person's own right of suffrage.
(7)
Engaging or participating in the conduct of a political or election
campaign for an incompatible office as provided in § 1104(f)
of the Borough Code, 8 Pa.C.S.A. § 1104(f), or successor
provision (relating to appointments and incompatible offices).
B.
Restriction. A person employed by a police or fire force shall not
be removed for religious, racial or political reasons.
C.
Statement of charges. A written statement of charges made against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have 10 days from the date of receiving the notice to submit a written request for a hearing to the Civil Service Commission under § 13-22 (relating to hearings on dismissals and reductions).
D.
Furlough. If, for reasons of economy or other reasons, it shall be
deemed necessary by the Borough to reduce the number of paid employees
of the police or fire force, the Borough shall furlough the person,
including a probationer, last appointed to the respective force. The
removal shall be accomplished by furloughing in numerical order commencing
with the person last appointed until the reduction shall have been
accomplished. In the event the police or fire force shall again be
increased, the employees furloughed shall be reinstated in the order
of their seniority in the service. This subsection as to reductions
in force is not applicable to a Chief of Police.
A.
Time of answer and hearing. A person suspended, removed or reduced
in rank may make written answers to any charges filed against the
person not later than the day scheduled for the hearing. The Commission
shall grant the person a hearing that shall be held within a period
of 10 days from the filing of written charges, unless continued by
the Commission for cause at the request of the Council or the accused.
The failure of the Commission to hold a hearing within 10 days from
the filing of the written charges shall not result in the dismissal
of the charges filed.
B.
Conduct of hearing. At any hearing, the person against whom the charges
are made may be present in person and by counsel. The Council may
suspend the person, without pay, pending the determination of the
charges against the person; but, in the event the Commission fails
to uphold the charges, the person sought to be suspended, removed
or reduced in rank shall be reinstated with full pay for the period
during which the person was suspended, removed or reduced in rank,
and no charges shall be officially recorded against the person's
record. A stenographic record of all testimony taken at the hearings
shall be filed with and preserved by the Commission, which record
shall be sealed and not be available for public inspection in the
event the charges are dismissed.
C.
Appeal. All parties shall have an immediate right of appeal to the
Court of Common Pleas of the county, and the case shall there be determined
as the Court deems proper. No order of suspension made by the Commission
may be for a longer period than one year. The appeal shall be taken
within 30 days from the date of entry by the Commission of its final
order and shall be by petition. Upon the appeal being taken and docketed,
the Court of Common Pleas shall schedule a day for a hearing and shall
proceed to hear the appeal on the original record and additional proof
or testimony as the parties concerned may desire to offer in evidence.
The decision of the Court affirming or revising the decision of the
Commission shall be final, and the employee shall be suspended, discharged,
reduced in rank or reinstated in accordance with the order of Court.
D.
Proceedings. The Council and the person sought to be suspended, removed
or reduced in rank shall at all times have the right to employ counsel
before the Commission and upon appeal to the Court of Common Pleas.
Unless the Council or the person sought to be suspended, removed or
reduced in rank requests that the proceedings before the Commission
be open to the public, the proceedings before the Commission under
this section shall be held in the nature of a closed executive session
that shall not be open to the public. The request shall be presented
to the Commission before the civil service hearing commences. The
deliberations of the Commission, including interim rulings on evidentiary
or procedural issues, may be held in private and shall not be subject
to a request for being open to the public, the Council or the person
sought to be suspended, removed or reduced in rank. The Commission's
disposition of the disciplinary action shall constitute official action
which shall occur at a public meeting held pursuant to 65 Pa.C.S.A.
Ch. 7 (relating to open meetings).[1]
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
All appointments in the police or fire forces of the Borough,
including the Chief of Police or equivalent official, prior to the
creation of a Commission, shall continue to hold their positions and
shall not be required to take any examination under the provisions
of this chapter, except that which may be required for promotion.
This section shall not be construed to apply to persons employed temporarily
in emergency cases.
A.
Information. No question in any form of application for examination
or in any examination shall be so framed as to elicit information
concerning the political or religious opinions or affiliations of
any applicant nor shall inquiry be made concerning the opinions or
affiliations, and all disclosures of opinions or affiliations shall
be ignored.
B.
Prohibition. No discrimination shall be exercised, threatened or
promised by any person against or in favor of any applicant or employee
because of political or religious opinions or affiliations or race,
and no offer or promise or reward, favor or benefit, directly or indirectly,
shall be made to or received by any person for any act done or duty
omitted or to be done under this chapter.
