The Police Department of the Borough of Tyrone, as heretofore
established, shall be for the purpose of keeping peace and order and
for the enforcement of law in the Borough of Tyrone.
Subject to the civil service provisions established before and
after the effective date of this Charter, Borough Council may appoint
and remove or promote or suspend or reduce in rank one or more suitable
persons, citizens of the United States of America, as Borough policemen.
A.
Police employed by the Borough, including full-time police, special
police, special school police, part-time police and auxiliary police,
shall have all the powers and protection conferred by statute and
ordinance upon members of the police force of the Borough and upon
Constables of the Commonwealth of Pennsylvania. They shall have the
power to make lawful searches, seizures and arrests for violation
of any statutes or ordinances or other laws enforced by the Borough,
to serve subpoenas, when ordered to do so by their superior officers,
and to do such other acts as may be required of them by statute or
ordinance.
B.
The police shall have the authority to serve and execute all criminal
processes for the violation of municipal ordinances which may be issued
and, when serving and executing such criminal process or subpoenas,
shall charge the same fees and costs as Constables of the Borough,
but such fees and costs shall be collected by the Borough Manager
and paid into the Borough Treasury.
The Department shall be under the jurisdiction and supervised
control of the Chief of Police, who is answerable to the Borough Manager.
The Borough Manager may, for cause and without pay, suspend any policeman
until the next succeeding regular meeting of the Council, at which
time and thereafter the Council may, subject to the civil service
provisions applicable to the police if they are in effect at that
time, suspend, discharge, reduce in rank or reinstate with pay such
policeman. In any case where the Council has reinstated a policeman
after having been suspended by the Borough Manager, the Borough Manager
shall not thereafter suspend any such policeman for reasons arising
from the same act for which the first suspension was made or for the
reasons that the Council, in reinstating such policeman, shall have
determined not to be grounds for suspension.
The full-time police as well as any special police, special school police, part-time police and auxiliary police shall only receive such compensation as shall be fixed by the Borough Council. However, special police, special school police, part-time police and auxiliary police shall not come within the provisions of any civil service laws or regulations applicable to police and shall not be entitled to participate in any police pension plan or plans or other programs or plans affording benefits now in effect or hereafter effective, but shall be entitled to indemnification as provided in § C-69.
Borough Council may appoint qualified part-time police and fix their compensation as set forth in § C-74 above. While on duty, such part-time police shall be under and subject to the directions of the Borough Manager and superior officers.
A.
The Council may, after consultation with the school district, appoint
special school police who shall have the duty of controlling and directing
traffic at or near schools, and they shall be in suitable and distinct
uniform and display a badge or other sign of authority.
B.
While on duty, special school police shall be under and subject to
the direction of the Borough Manager or their superior officers.
C.
Auxiliary policemen, special police and/or part-time policemen may
be designated to serve a special school police.
The Mayor may appoint special police with full police powers
and jurisdiction for the duration of an emergency in which the safety
and welfare of the municipality or the public is endangered. They
shall serve at the pleasure of the Mayor and, while on duty, shall
be under and subject to the direction of the Mayor and their superior
officers.
Auxiliary police may be appointed as provided by general law.
While on duty, they shall be under and subject to the direction of
the Borough Manager and their superior officers.
A.
Provisions of all civil service laws heretofore or hereafter enacted
by the General Assembly for the benefit of police shall be continued
in full force and effect, and all full-time policemen appointed after
the effective date of his Charter by the Borough Council shall, after
the probationary period, be subject to the established civil service
provisions.
B.
The Civil Service Commission of the Borough of Tyrone shall continue
in office and shall continue to function in accordance with applicable
law, as amended from time to time.
C.
No full-time policeman shall, after the effective date of this Charter,
be suspended, removed or reduced in rank as a paid employee in the
police force, except in accordance with the provisions of the applicable
civil service laws. However, all other police, including but not limited
to special police, special school police, part-time police, auxiliary
police and including the Chief of Police, shall serve at the pleasure
of the appointing authority and may be suspended, removed or reduced
in rank with or without cause and without regard to the provisions
of the civil service laws applicable to full-time police.
D.
Moreover, nothing in this section shall apply to retirement nor shall
anything herein prevent the Borough Council from adopting a compulsory
retirement age for its police employees or for any class or classes
thereof and from retiring all such employees automatically when they
reach such age.
E.
Notwithstanding the foregoing, the Chief of Police shall not be entitled
to or covered by civil service provisions.
Every position or employment in the Police Force as full-time
police, except that of Chief of Police or the equivalent, shall be
filled only in accordance with civil service provisions of existing
law, its amendments and supplements thereto.