At the completion of the examination requirements set forth in Article IV, physical ability testing, written examination, oral examination, and background investigation, the Commission shall rank all passing applicants for the position of patrol officer on a list with the applicant receiving the highest score at the top of the list and the applicant receiving the lowest passing score at the bottom of the list. Applicants who qualify for veterans' preference points shall have those points added to their passing score prior to being ranked on the eligibility list. For promotional positions, fulfilling the performance requirement set forth in § A296-22 is also required. 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 applications on the same day, then the applicants shall be ranked in alphabetical order by surname.
The eligible list shall be effective for one year from the date of its preparation, unless extended by the Commission for up to one additional year. The Commission may, at its sole discretion, void an eligibility list at any time.
In addition to the reasons stated in these rules and regulations as grounds for removal, the name of any person appearing on the furlough list or an eligible list shall be removed from such list by the Commission if such person:
Is appointed to a position in the Police Department of the Borough;
Requests removal from the list in writing;
Declines an appointment to a position in the Police Department of the Borough;
Fails to make written reply to the Commission within seven calendar days from the date of mailing of a notice of appointment in the case of initial appointment or failure to make reply to the Commission within 30 calendar days from the date of mailing of a notice of reinstatement from furlough;
Indicates availability for appointment and is appointed to fill a vacancy but fails to report for duty at the time prescribed by the appointing authority, unless, in the opinion of the appointing authority, such person can show good and sufficient reasons for failing to report. In the case of a new hire from an eligibility list reporting for duty means reporting for a medical and/or psychological examination.
Borough Council 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. (Note: Such events create vacancies only when Council has concluded that this is the case.) Except for physical and psychological examinations and background checks, no other testing shall be required for a furloughed 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 Chief of Police, shall be filled only in the following manner:
Borough Council shall notify the Commission of any vacancy which is to be filled and shall request the certification of top three names from the list of eligible;
If three names are not available, then the Commission shall take the steps necessary to create a new list;
The Borough Council 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 a veteran, that applicant shall be selected.
The Borough Council may object to one or more of the persons certified for the reasons set forth in § A296-26 of these rules and regulations. If the candidate to whom the Borough Council objects fails to timely exercise his rights of appeal under § A296-27 or if the Commission declines to uphold his 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 from each name stricken off.
In the case of vacancy in the Office of Chief of Police, the appointing authority has full discretion in selecting the individual to fill the position of Chief of Police. If the appointing authority requests the Commission to subject that person to a noncompetitive examination, and if that person successfully passes the noncompetitive examination, then the Commission shall notify the appointing authority of the results of the examination and that person may only be removed from the position of Chief of Police for the reasons set forth in § A296-50.
After the appointing authority selects a candidate from the certified list of three for appointment to the vacant position, that candidate shall submit to a physical examination which may include a drug screen by the appropriate medical experts. If the candidate successfully passes the physical and psychological examinations, then that employee shall be appointed to the vacant position in the Police Department for which the application was submitted. The appointment shall be contingent upon successfully passing both the physical and psychological examinations. The Commission adopts the medical and psychological requirements of the M.P.O.E.T.C. Failure to pass either examination shall result in the candidate being rejected from consideration. The rejected candidate may appeal this decision with under § A296-27. The Commission shall then certify another name to be included with the two previously certified names for consideration by the appointing authority pursuant to § A296-43.
Every successful applicant to the position of patrol officer or a new promotional position with the Police Department shall serve a twelve-month probationary period. During the probationary period, a newly hired officer may only be dismissed for cause for the reasons set forth in § A296-26. A promoted officer, during his probationary period, may be returned to his prior rank only for cause for the reasons set forth in § A296-26. 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 he will not receive a permanent appointment. At that time, a newly hired officer's employment shall end, and a promoted officer shall return to his previous rank. Any officer who is informed, in writing, that he will not receive a permanent appointment has no rights of appeal under these rules and regulations.
Whenever there are urgent reasons for the filling of a vacancy in any position in the Police Department and there are no names on the eligible list for such appointment, the Borough Council may nominate a person to the Commission for noncompetitive examination, and such nominee may be certified by the Commission as qualified after such noncompetitive examination, he may be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission within six weeks to hold a competitive examination and certify a list of eligible and then a regular appointment shall then be made from the name or names submitted by the Commission, provided that nothing within this section shall prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergency.