Township of Upper Chichester, PA Civil Service Commission

There is hereby created in Upper Chichester Township, where a police force is maintained, a Civil Service Commission, hereinafter referred to as the "Commission." The Commission shall consist of three Commissioners who shall be qualified electors of the Township and shall be appointed by the Township Commissioners initially to serve for the terms of two, four and six years, and as terms thereafter expire shall be appointed for terms of six years.

Any vacancy occurring in any Commission for any reason whatsoever shall be filled for the unexpired term within the period of 30 days after such vacancy occurs, by a majority of the Board of Commissioners.

Each member of the Commission, before entering upon the discharge of the duties of his office, shall take an oath or affirmation to support the Constitution of the United States and the Commonwealth of Pennsylvania, and to perform his official duties with fidelity.

Offices incompatible with Police Civil Service Commissioner. No Commissioner shall at the same time hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania, or any political subdivision of the commonwealth, except that one member of the Commission may be a member of the Board of Township Commissioners.

Organization of Commission; quorum. The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as the Chairman and one as the secretary. The Commission shall thereafter meet and organize on the first Monday of each even-numbered year. Each Commissioner shall be notified in writing of each and every meeting. Two 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.

Clerks and supplies. The Township shall furnish to the Commission, on its requisition, such clerical assistance as may be necessary for the work of the Commission. The Township shall provide a suitable and convenient room for the use of the Commission. The Commission shall order from the Township the necessary stationery, postage, printing or supplies, and the elected and appointed officials of Upper Chichester Township shall aid the Commission in all proper ways, in carrying out the provisions of these rules and regulations.

Rules and regulations. The Commission shall have power to prescribe, amend and enforce rules and regulations for carrying into effect these provisions and shall be governed thereby. Before any such rules and regulations are in force, the same shall first be approved by the Township Commissioners by a resolution adopted in accordance with the First Class Township Code.[3] When such rules and regulations have been so approved they shall not be annulled, amended or added to without the approval of the Township Commissioners. All rules and regulations and modifications thereof shall be printed for public distribution at the expense of the Township.

[3]

Editor's Note: See 53 P.S. § 55101 et seq.

Minutes and records. The Commission shall keep 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 such records and all written causes of removal filed with the Commission shall be subject to reasonable regulation and open to public inspection. The Commission's intent will be to protect all individuals concerned as provided for in accordance with recent court decisions on inspecting civil service records.

Investigations. The Commission shall have power to make investigations concerning all matters touching the administration and enforcement of the civil service provisions of this article and rules and regulations adopted thereunder. The Chairman of the Commission is hereby given power to administer oaths and issue subpoenas.

Subpoenas.

The Commission shall have power to issue subpoenas over the signature of the Chairman to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such 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.

All officers in public service and Township employees shall attend and testify when required to do so by the Commission.

If any person shall refuse or neglect to obey any subpoena issued by the Commission, he shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not to exceed $100, and in default of the payment of such fine and costs shall be imprisoned not to exceed 30 days.

If any person shall refuse or neglect to obey any subpoena issued by the Commission, it may apply by petition to the Court of Common Pleas of the county for its subpoena requiring the attendance of such persons before the Commission or the Court, there to testify and to produce any records and papers necessary, and in default thereof shall be held in contempt of Court.

Annual report. The Commission shall make an annual report to the Township Commissioners containing a brief summary of its work during the year, which shall be available for public inspection.

Salaries of Civil Service Commission. The Civil Service Commissioners of the Township will receive no compensation.

Communications and requests. Communications and requests to the Commission shall be made in writing, and their substance and the action of the Commission thereon shall be noted in the minutes.

Contents of minutes. The secretary of the Commission shall record in the minutes the time and place of each meeting of the Commission and the names of the members present; all proceedings and official acts of the Commission, including records of examinations; the votes given by members except when the action is unanimous and, when requested, a Commission member's dissent with his reasons; and shall cause the minutes to be written up forthwith and presented for approval or amendment at the next regular meeting. The minutes, or a true copy thereof, certified by the Commission, or by a majority thereof, shall be open with other records of the Commission as provided by law.

Duties of secretary. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all such records and all written causes of removal filed with the Commission shall be subject to reasonable regulation and open to public inspection. The secretary of the Commission shall, subject to supervisory action of the Chairman:

Keep records of the proceedings of the Commission and have charge of the books, records, papers, and other property;

Notify the Commission when examinations are necessary and the dates when they will be held;

Cause examinations to be prepared; certify to the Commission the eligibility of applicants for examinations, based upon their written applications and the admissibility of applicants when they appear for examination; direct the work of proctors or other subordinate to him and take care to secure accuracy and uniformity and justice in all proceedings; report the results of examinations to the Commission;

Certify eligibles to the appointing authority;

Prepare for submission to the Commission, and, subsequently to the Board of Township Commissioners, reports covering the work of the Commission;

(6)

Audit all bills for expenses before certifying them to the Township secretary for payment;

(7)

Delegate routine tasks to and supervise the work of clerical assistants furnished to the Commission; and

(8)

Generally carry on the correspondence and other designated secretarial work of the Commission.

Regular meetings. Meetings of the Commission shall be held as necessary except that 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 and such notice shall be published as required by law. Two 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. Such meetings shall be open at the discretion of the Commission.

§ 18-2 Applications; examinations.

Appointments to be based on competitive examinations. Each full- or part-time appointment to the police force shall be made only according to qualifications and fitness, to be ascertained by competitive examinations. Said examinations shall be given at such time or times, and from time to time, as the Commission shall determine.

Public notice of examinations. Public notice of the time and place of a written examination, together with information as to the kind of position to be filled, shall be given by publication once in a newspaper of general circulation in the Township of Upper Chichester and once in a publication of wide circulation at least two weeks prior to such examination, and a copy of the notice shall be prominently posted in the office of the Commission or other public place, in accordance with the First Class Township Code.[1]

[1]

Editor's Note: See 53 P.S. § 55101 et seq.

Application for examination.

Each person desiring to apply for an examination shall file with the Commission an application on the form in which the applicant shall state, or require information under oath or affirmation:

(a)

Full name and present residence address.

(b)

Citizenship and place and date of birth.

(c)

Condition of health and physical capacity for public service.

(d)

Business or employment and residence for past five years.

(e)

Educational record, including special training or experience.

(f)

Military service record.

(g)

Shall submit to fingerprinting by Township Police.

(h)

Shall submit to physical examination by Commission-appointed doctor at the applicant's expense.

(i)

Such other information as the Commission may require.

Each such applicant shall agree in writing that, if appointed to a position on the police force, he will attend and successfully complete, at Township expense, any course of training required by the Chief of Police or Commonwealth of Pennsylvania.

Qualifications of applicants. Applicants for positions on the police force must meet the following qualifications:

Citizenship. The applicant must be a citizen of the United States of America.

Age. The applicant must be at least 21 years of age at the date of the filing of the application.

[Amended 6-1-2004 by Ord. No. 610]

Education.

[Amended 6-1-2004 by Ord. No. 610]

(a)

The applicant must be a graduate of high school or its equivalent at the date of the filing of the application.

(b)

The applicant must have completed Act 120 training at the date of the filing of the application.

Character. The applicant must be of good moral character.

At the date of the application, the applicant must possess a valid current operator's license unrestricted except in the case where the candidate's license has been restricted for the need to wear glasses and/or requiring a side-view mirror.

[Amended 6-1-2004 by Ord. No. 610]

(6)

The applicant must maintain this license during his tenure as a police officer.

Rejection of applications; hearing.

The Commission will refuse to examine or, if examined, will refuse after examination to certify as eligible any applicant who is found to lack any of the minimum qualifications for examination prescribed above or who:

(a)

Is physically disabled and unfit for the performance of the duties of the position to which he seeks employment.

(b)

Is addicted to the habitual use of intoxicating liquors or drugs.

(c)

Has committed any crime which is a felony or a crime involving mural turpitude or has engaged in infamous or notorious, disgraceful conduct. It shall not be a defense that such applicant has not been convicted but has entered into a program for rehabilitation short of conviction.

(d)

Has been dismissed from public service for delinquency or misconduct in office.

(e)

Is affiliated with any group whose policies or activities are subversive to the form of government set forth in the Constitution and laws of the United States and Pennsylvania.

If any applicant is aggrieved by the action of the Commission in refusing to examine him or to certify him as eligible after examination, the Commission shall, at the written request of such person and within 10 days following receipt of such written request, appoint a time and place where the applicant may appear personally and by counsel, whereupon the Commission shall review its refusal to make such examination or certification and shall take such testimony as may be offered. The decision of the Commission shall be final.

Examination elements. The examination for the position of police officer shall consist of the following parts:

Step	Element	Passing Score	Weighting
1	Physical agility test	Completion of all exercises	Pass/Fail
2	Written examination	70%	50%
3	Oral examination	70%	50%
4	Background investigation	—	Pass/Fail
5	Medical investigation	—	Pass/Fail
6	Psychological examination	—	Pass/Fail
7	Any other test required by the Commission (e.g., drug, polygraph, etc.)	—	Pass/Fail

	NOTES:
	*	A minimum score of 70% must be achieved to be considered for further testing. The number of the top written test scores for each available position that will be eligible for further testing will be announced prior to the beginning of the term.

Nature of the physical agility examination. The physical agility examination for appointment to the police force shall be practical in character and shall relate to such matters as will fairly test the applicant's physical ability to discharge the duties of a police officer.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Written examination.[3]

Nature of the examination. The written examination for appointment to the police force shall be practical in character and shall relate to such matters and include such inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them.

Identity of applicants. The identity of each candidate taking the written examination for appointment to the police force shall be concealed until after the Commission has determined the written test score.

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Oral examination. Applicants for appointment to the police force having passed the written test as specified in Subsection H of this section are then eligible for oral examination and must pass, to the satisfaction of the Commission, an oral examination conducted under its direction for grading applicants on the personal qualities which are job related to the position of police officer, including, but not limited to, honesty, alertness, appearance, physique, personality, judgement, sensitivity, ability to communicate, lack of bias and general bearing.

Administering examinations. The Commission may designate the Department of Community and Economic Development, Municipal Consulting Services Division, or any other recognized examining agency to act as examiner for the written examinations. The Commission shall reserve the right to accept or reject for cause, in whole or in part, the recommendations of the appointed examining agency. The oral examination and the evaluation of any applicant shall be the sole responsibility of the Commission; provided, however, that the Commission may designate, from time to time, such persons qualified in oral examining procedures and techniques.

Background investigation. A background investigation of the character and reputation of such applicant as requested by the Commission shall be made by the Police Department or its agent and may include current reports and reports of investigations from recognized agencies. The applicant's character and reputation must be sufficient for him to merit appointment as a police officer. A written report on such background investigation shall be submitted to the Commission.

Medical examination. All applicants shall undergo a physical examination which shall be conducted under the supervision of a doctor of medicine appointed by the Commission. They must be in good health, both mentally and physically. Minimum requirements: eye vision acuity 20/50 or better in both eyes corrected to 20/20, normal red-green color vision; weight commensurate with height; height sufficient to perform all police functions. This examination to be complete requiring heart, cardiovascular, orthopedic, blood, urine or any other test or examination to ensure that applicant is qualified physically for appointment as a police officer in compliance with Section 637 of the First Class Township Code.[4] The Commission may determine pass/fail on information received from the medical profession reports.

[4]

Editor's Note: See 53 P.S. § 55637.

Psychological testing. Prior to appointment, an applicant must undergo psychological testing by a certified psychologist and preferably a psychologist skilled in testing police officers and police applicants. Successful completion of this test is prerequisite to appointment as a police officer.

Eligible list.

The Commission shall post in its office the eligible list containing the names and grade of those who have been certified as eligible, which list shall be effective only until new examinations are held, but not to exceed a period of two years from the date of acceptance of such list by the Board of Commissioners.

Requests in writing for removal from any eligibility list for any reason will be considered permanent and irrevocable for the entire length of the affected eligibility list.

Veteran preferences. Veterans' preferences shall be administered in accordance with Pennsylvania law.

§ 18-3 Appointments.

Certification. The Board shall notify the Commission of any vacancy in the police force which shall be filled by appointment and shall request certification of a list of eligibles. The Commission shall certify from the eligible list, for each vacancy which is to be filled, the names of three persons thereon who have received the highest grade. In the case of more than one vacancy, the Commission shall certify the same number of names as positions to be filled plus two additional names. (Example: If five positions are to be filled, certify seven names with the understanding that if only four positions are filled only the top six can be used, etc.) As each vacancy is filled, only the top three available names are to be considered. The Commission shall then submit the certified eligibility list to the Board who shall thereupon, with sole reference to the merits and fitness of the candidates, make an appointment from the three names certified, unless the Board makes objections to the Commission as to one or more of the persons so certified for any of the reasons stated in § 18-2E of these rules and regulations. Should the Commission sustain such objections, it shall thereupon strike the name of such person or persons from the eligible list and certify the next highest name for each name stricken off. If an appointment is made from the names certified, the names of the applicants not appointed shall, unless stricken off for cause, be returned to the eligible list.

Probationary period. All original appointments to any position in the police of the Township shall be for a probationary period of one year. The Chief of the respective department shall investigate the adjustment, performance, and general acceptability of each probationer under his supervision to determine whether such probationer is fully qualified for permanent appointment. The Chief shall make a report on the performance and conduct of each probationer at the end of each quarter of the probationary period, and a final report to the next regular meeting of the Board of Commissioners immediately preceding the end of the probationary period recommending action on the probationary office. If his conduct or fitness has not been satisfactory to the Board, the probationer shall be notified in writing by the Township Board of Commissioners that he will not receive a permanent appointment, and, thereupon, his appointment shall cease.

Provisional appointments. Whenever there are urgent reasons for filling of a vacancy in any position in the police force and there are no names on the eligible list for such appointment, the Board may nominate a person to the Commission for a noncompetitive examination; and if such nominee shall be certified by the Commission as qualified after such noncompetitive examination, he may be appointed provisionally to fill such vacancy. It shall thereupon become duty of the Commission to hold a competitive examination within three weeks and to certify a list of eligibles, and a regular appointment shall then be made from the name or names submitted by the Commission; provided, however, that nothing herein contained shall prevent the appointment without examination of persons hired temporarily as police officers in cases of riot or other emergency.

Reappointment. All former employees of the police force who leave the force for any reason, except those furloughed pursuant to the provisions of law and these rules and regulations, shall be required to make application and submit to the same examinations and procedures and meet the same minimum requirements as are required of those applying for original appointments.

§ 18-4 Promotions.

General provisions. Promotions shall be based on merits to be ascertained by examinations to be prescribed by the Commission. All questions relative to promotions shall be practical in character and such as will fairly test the merit and fitness of persons seeking promotion. All changes from a lower to a higher position or rank shall be considered as promotions, but lateral moves to an equivalent position shall not be considered a promotion. The Board shall have the power to determine in each instance whether an increase in salary shall constitute a promotion. Unless otherwise determined by the Board:

No increase in salary without change to a higher position or rank shall constitute a promotion.

Any change to a position or rank carrying an increase in salary shall constitute a promotion. All promotions shall be made only in accordance with these rules and regulations.

Lines of promotion.

The lines of promotion shall be as indicated below:

Chief.

Lieutenant.

Sergeant.

Corporal.

The Board shall determine which, if any, of these officers shall be filled.

Higher promotions. Promotions to positions or ranks above that of patrolman, except to the position of Chief of Police, shall be restricted to members of the Police Department as hereinafter specified as to experience requirements; except that when fewer than two members of the Department have had the required experience in such specified position or grade, the requirements may be waived.

Experience requirements shall be as follows:

	Promotions to	Qualifications
	Chief	As determined by Board
	Lieutenant	8 years' prior full-time service with this Department
	Sergeant	5 years' prior full-time service with this Department
	Corporal	2 years' prior full-time service with this Department

For all other promotions or for such positions requiring special scientific, professional, technical, clerical or mechanical skills, the Commission shall specify qualifications for such positions.

Promotion procedure.

Promotions shall be based on merits to be ascertained by examinations and tests to be prescribed by the Commission. The Board shall notify the Commission of any vacancy in the police force above the position of patrolman which the Board elects to fill and shall request certification of a list of eligibles.

To establish an eligibility list, the Commission shall notify all eligible members of the police of the time and place of examinations for promotion, shall examine all applicants and shall establish a list of eligibles from which certification for promotion may be made as above provided. Such notice of examination shall be given by letter, sent by certified mail, to each eligible member of the force at his address on file with the Department.

Promotional examination elements. Examination for promotion shall consist of the following parts:

	Step	Element	Passing Score	Weighting
	1	Written examination	70%	50%
	2	Oral examination to include documented job performance ratings (i.e., productivity, attendance, dependability, loyalty, etc.)	70%	50%

The Commission shall thereupon certify to the Board for promotion from the eligible list, for each vacancy which is to be so filled, the names of the three persons thereon who have received the highest score. If there are not three names on the eligible list, the Commission shall certify the names or name remaining on the list. The Commission shall post publicly the eligible list containing the names and scores of those who have been certified as eligible, which list shall be effective only until new examinations are held, but not to exceed two years.

The Board, with sole reference to the merits and fitness of the candidates, shall make a promotion from the names or name certified. When a promotion is made from the names certified, the names of the eligibles not promoted, unless stricken off for cause, shall be returned to the eligible list; provided, however, that no name shall be certified more than three times without re-examination.

Probationary period for higher promotion. All promotional appointments to any position in the Police Department of the Township shall be for a probationary period of one year. The Chief of the Department shall investigate the adjustment, performance, and general acceptability of each probationer under his supervision to determine whether such probationer is fully qualified for permanent appointment. The Chief shall make a report on the performance and conduct of each probationer at the end of each quarter of the probationary period, and a final report to the next regular meeting of the Board of Commissioners immediately preceding the end of the probationary period. If his conduct or fitness has not been satisfactory to the Board, the probationer shall be notified in writing by the Board that he will not receive a permanent appointment, and, thereupon, his appointment shall cease.

§ 18-5 Suspension, removal or reduction in rank.

Board to have certain powers. The Board shall have the power to determine in each instance whether a decrease in salary shall constitute a reduction in rank. Unless otherwise determined by the Board, no decrease in salary without reduction in rank shall constitute a reduction. All suspensions, removals and reductions in rank shall be made only in accordance with this article.

Restrictions. Persons employed in the Police Department of the Township shall not be suspended, removed or reduced in rank for religious, racial or political reasons.

Reasons for suspension, removal or reduction in rank. No person employed in the Police Department of the Township shall be suspended, removed or reduced in rank except for the following reasons:

Physical or mental disability affecting his ability to continue in service, evidenced by the certificate to that effect of a medical doctor designated by the Commission, in which case the person shall receive an honorable discharge from service.

Neglect or violation of any official duty.

Violation of any law of the commonwealth of federal statues which provides that such violation constitutes a misdemeanor or felony.

Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer.

Intoxication while on duty.

(6)

Engaging or participating in the conducting of any political or election campaign otherwise than to exercise his own right to suffrage.

(7)

Such other reasons set forth in the First Class Township Code[1] from time to time.

[1]

Editor's Note: See 53 P.S. § 55101 et seq.

Written charges: right to answer. Any charges made against any member of the Police Department by the Board or by the Chief of the respective department shall be made in writing, and copies thereof shall be furnished to such member and to the Secretary of the Commission within five days after the same are filed. The member shall have 10 days from the receipt of a copy of such charges within which to make written answer to such charges. The answer shall admit or deny the charges and state whether or not the member demands a hearing by the Commission. The original answer shall be filed with the Secretary of the Commission, and copies shall be furnished to the Chief of the Department, Commission Counsel and the Township Solicitor.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Hearings.

If the person sought to be suspended, removed or reduced in rank shall demand a hearing by the Commission, the Commission shall grant such person a hearing, which shall be held on a date and at a place to be fixed by the Commission.

Such hearing may be continued by the Commission for cause and may be adjourned or continued by it. At any such hearing both the Board and the person against whom the charges are made shall at all times have the right to be present in person and by counsel.

The Board, or the Chief of the respective Department when the Board is not in session, may suspend such person without pay pending the determination of the charges against him; but 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 which he was suspended, and no charges shall be officially recorded against his record.

A stenographic of all testimony taken at such hearings shall be filed with and preserved by the Commission, which record shall be sealed and not available for public inspection in the event the charges are dismissed.

Appeals. In the event that the Commission sustains the charges and orders the suspension, removal or reduction in rank, the person so suspended, removed or reduced in rank shall have immediate right of appeal to the Court of Common Pleas of Delaware County, such appeal to be taken by petition to said Court within 60 days from the date of entry by the Commission of its final order.

Reduction in force.

If for reasons of economy or other reasons it shall be deemed necessary by the Board to reduce the number of paid employees of the Police Department, then said Board shall designate the number of paid employees to be reduced.