[Ord. No. 752, § 1 (4-2.1a), 8-9-1976]
The rules and regulations of this Division shall govern and regulate all appointments, promotions, reductions in rank, suspensions and removals of paid members of the Police Department of the Township.
[1]
Editor's Note: A. Ord. No. 1121, § 5, adopted March 8, 1993, amended this Division in part to read as herein set out. Provisions formerly codified as §§ 2-120—2-160 contained various rules and regulations of the Police Department and were derived from the following: Ord. No. 752, § 1, 8-9-1976; Ord. No. 781, § 1—3, 9-12-1977; Ord. No. 782, § 1, 2, 9-12-1977; Ord. No. 787, § 1, 11-14-1977; Ord. No. 803, § 1—5, 11-13-1978; Ord. No. 875, § 1, 8-9-1982; Ord. No. 887, § 1, 1-10-1983; Ord. No. 918, § 1, 10-8-1984; Ord. No. 938, § 1, 11-24-1985; Ord. No. 965, § 1—3, 3-9-1987; Ord. No. 985, § 1, 2-8-1988; Ord. No. 993, § 1, 6-13-1988; Ord. No. 1043, § 1, 9-10-1990.
B. Former Division 5, Police Department Rules and Regulations, was retitled "Civil Service Commission Rules and Regulations," by Ord. No. 1390, § 1, 10-16-2002.
[Ord. No. 1121, § 5, 3-8-1993; Ord. No. 1169, §§ 1—3, 3-13-1995; Ord. No. 1194, § 2, 7-15-1996; Ord. No. 1298, § 1, 7-19-1999; Ord. No. 1361, § 2, 10-9-2001][1]
(a) APPLICANT APPOINTING AUTHORITY CERTIFICATION CHAIRPERSON CHIEF OF POLICE COMMISSION ELIGIBLE ELIGIBLE LIST EXAMINATION FURLOUGH LIST POLICE DEPARTMENT POLICE OFFICER-ENTRY LEVEL PROBATIONER REDUCTION IN RANK REMOVAL SUSPENSION SECRETARY TOWNSHIP TOWNSHIP MANAGER YEAR OF SERVICE
Definitions. Unless otherwise expressly stated, the following words and phrases, wherever used in these rules and regulations, shall be construed to have the meaning indicated herein:
Any individual who applies in writing to the Board in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department.
The Council of the Home Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
The submission to the appointing authority pursuant to their request of three names taken from the eligible list developed by the Commission.
The Chairperson of the Civil Service Commission of the Home Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
The department head of the Police Department, or in his absence, the Deputy Chief of Police under Sec. 2-76(e)(2) of the Code.
The Civil Service Commission of the Home Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
A person whose name is recorded on a current eligible list or furlough list.
The list of names of persons who have passed all examinations for a particular position in the Police Department.
The series of tests given to candidates to determine their qualifications for a position in the Police Department.
The list containing the names of persons temporarily laid off from positions in the Police Department because of a reduction in the number of officers.
The Police Department or police force of the Home Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
For purposes of these rules and regulations, an entry level sworn full-time position in a Police Department.
An officer in the Police Department who has been appointed from an eligible list, but who has not yet completed the work-test period.
A change to a lower rank where the employee fulfills all of the requirements of these rules and regulations for both the prior and current rank. However, a decrease in salary without a change to a different rank shall not necessarily constitute a reduction in rank.
The permanent separation of a police officer from the Police Department.
The temporary separation without pay of a police officer from the Police Department.
The Secretary of the Commission of the Home Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
The Home Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
The person appointed as Township Manager under Article IV of the Plymouth Township Home Rule Charter.
Twelve months of active continuous employment in the Police Department except for usual vacation, holiday and sick days.
(b)
Gender. Words used in the masculine gender shall include the feminine and words used in the feminine gender shall include the masculine at all places in these rules and regulations.
[Ord. No. 1121, § 5, 3-8-1993; Ord. No. 1169, §§ 3, 4, 3-15-1995; Ord. No. 1194, § 3, 7-15-1996; Ord. No. 1390, §§ 2 and 3, 10-16-2002]
(a)
Commission. The Commission shall be an authoritative Commission under Article II, Division 7 of this chapter. Each member of the Commission, before entering upon the discharge of the duties of their office, shall take an oath or affirmation to support the constitutions of the United States and the Commonwealth of Pennsylvania and to perform their official duties with fidelity. No Commission member shall receive compensation.
(b)
Offices incompatible with Civil Service Commission. No Commission member 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.
(c)
Duties of Chairperson. The Chairperson or in his or her absence the Vice Chairperson shall preside at all meetings and hearings of the Commission, decide all points of order or procedure and perform any duties required by law of these rules or regulations.
(d)
Duties of Secretary. The Secretary shall carry on at the discretion of the Commission all official correspondence of the Commission, send out all notices required by law and these rules and regulations, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or these rules and regulations.
(e)
Clerks and supplies. The appointing authority shall furnish the Commission with such supplies and clerical assistance as may be reasonable and necessary for the Commission to fulfill its duties. In addition, the Commission may retain reasonable and necessary counsel with the consent of the appointing authority as to the compensation to be paid to such counsel, and reasonable and necessary credit reporting services and other consultants or experts, including polygraphers, physicians and psychiatrists. The elected and appointed officials of the Township shall assist the Commission with all reasonable and appropriate efforts including compensation for any counsel, service or experts retained by the Commission.
(f)
Investigations. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of these rules and regulations. The Chairman of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
(g)
Subpoenas. The Commission shall have the power to issue subpoenas over the signature of the Chairperson, or his designee, to acquire 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 by the person requesting the subpoena. All officers in public service and employees of the Township shall attend and testify when required to do so by the Commission. If any person shall refuse or neglect to obey any subpoena, the person requesting the subpoena may apply by petition to the Court of Common Pleas, Montgomery County for its subpoena, requiring the attendance of such persons before the Commission of the court to testify and to produce any records and papers necessary, and in default thereof shall be held in contempt of court.
(h)
Organization of Commission; quorum/alternate member. The Commission first appointed shall organize within ten (10) days of its appointment and shall elect one member as its Chairperson, one member as its Vice-chairperson and one member as its Secretary. The Commission shall thereafter meet and organize on the first Monday of February, or with cause at a later agreed upon date of each even-numbered year. Three (3) 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 three (3) members. The appointing authority may, by resolution, appoint one (1) qualified elector of the Township to serve as an alternate member of the Commission. The term of office of the alternate member shall be six (6) years. The participation of the alternate member in the proceedings and discussions of the Commission shall be in accordance with Sections 627 and 628 of the First Class Township Code.
[Ord. No. 1659, § I, 3-9-2020]
(i)
Meetings. Except for the biennial organization meeting, all meetings shall be held either at the call of the Chairperson or at the call of two (2) members of the Commission. The Commission shall have the discretion to determine whether meetings shall be open to the public when not specifically regulated by law or these rules and regulations. The Secretary of the Commission shall give each Commissioner 72 hours' notice in writing of each and every meeting of the Commission.
[Ord. No. 1659, § I, 3-9-2020]
(j)
Amendment of rules and regulations. The Commission may amend, revise, void or replace these rules and regulations for any reason by action of a majority of the Commission at any properly convened meeting of the Commission. Before any changes to these rules and regulations become effective, those changes must be approved by the Township Council. These rules and regulations, and any amendments thereto, shall be made available to the public for distribution or inspection.
(k)
Minutes and records.
(1)
The Commission shall keep minutes of its proceedings and records of examinations and other official action. All records of the Commission shall be preserved and disposed of according to the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued by the Local Government Records Committee under the authority of the Municipal Records Act, 53 Pa.C.S.A. § 1381 et seq.
(2)
Any other records related to any disciplinary action filed with the Commission shall be open to public inspection, subject to reasonable regulation unless privileged or confidential under any law or rule. The Secretary shall keep minutes of the proceedings showing the vote of each member upon each question. If the member is absent or fails to vote, the Secretary shall indicate that fact in the minutes.
(l)
Investigations. The Commission shall have the power to make investigations concerning all matters relating to the administration and enforcement of these rules and regulations. The Chairman of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
(m)
Annual report. The Commission shall make an annual report to the Township Council containing a brief summary of its work during the year and a full accounting for any expenditures of public monies. The annual report shall be available for public inspection.
[Ord. No. 1121, § 5, 3-8-1993; Ord. No. 1169, §§ 3, 5—7, 3-13-1995; Ord. No. 1194, §§ 4—7, 7-15-1996; Ord. No. 1312, § 1, 12-13-1999; Ord. No. 1361, §§ 3—5, 10-9-2001; Ord. No. 1390, §§ 4-6, 10-16-2002; Ord. No. 1538, § 1, 4-12-2010]
(a)
Eligibility for examination.
(1)
Police officer-entry level. In order to be eligible for participation in any examination for police officer-entry level with the Police Department, every applicant must submit a completed application form to the Commission before the deadline stated by the Commission for that specific examination. An application form with provision for proof of identification shall be adopted by resolution of the Commission. The applicant must make an oath or affirmation that the application is completed truthfully and the applicant is subject to the penalties of 18 Pa. Cons. Stat. 4904 relating to unsworn falsification to authorities. The applicant shall pay a filing fee as determined from time to time by resolution of the appointing authority.
(2)
Deputy Chief, Lieutenant or Sergeant. In order to be eligible for participation in any examination for Deputy Chief, Lieutenant or Sergeant, every applicant must submit a completed application form to the Commission before the deadline stated by the Commission for that specific examination. An application form shall be adopted by resolution of the Commission.
(b)
Discrimination. The Township is an equal opportunity employer. It is the Township's and the Commission's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, marital status or nonjob-related physical or mental handicap or disability, or sexual orientation. The Township and the Commission will provide equal opportunities in employment and promotion.
[Ord. No. 1659, § I, 3-9-2020]
(c)
Availability. Application forms shall be available to all interested persons in the office of the Township Manager and from such other offices and officers that the Commission from time to time may choose to designate. Application forms may be mailed upon written or telephone request. However, the Commission assumes no responsibility for missed filing deadlines due to a delay in the mail.
(d)
Age and residency requirements. All applicants must have reached their eighteenth birthday before the deadline for submitting completed applications. Within 12 months of completing the probationary period, applicants must comply with such residency requirements applicable to police officers under the most recent contract by and between the Township and the police officers of Plymouth Township.
(e)
General qualifications—All applicants. Every applicant for any position in the Police Department shall:
[Ord. No. 1652, 4-8-2019]
(f)
Same—Applicants for Deputy Chief, Sergeant and Lieutenant.
(1)
In addition to meeting the qualifications in Subsection (e) above, all applicants for a promotional position, except Chief, shall have not received a final and unappealable suspension without pay at any time within one year prior to the deadline for submitting applications. Any suspension to which the applicant has timely appealed pursuant to a grievance procedure of these rules and regulations shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.
(2)
All applicants shall have continuous prior service with the Police Department of Plymouth Township as follows:
a.
An applicant for the position of Deputy Chief shall have at least two years' experience as a Sergeant with the Police Department or hold the rank of Lieutenant with the Police Department.
b.
An applicant for the position of Lieutenant shall have at least one year of service as a Sergeant with the Police Department.
c.
An applicant for the position of Sergeant shall have at least two years of service as a first-class patrolman with the Police Department.
(g)
Rejection of applicant. The Commission 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. In addition, the Commission may refuse to examine, or if examined may refuse to certify, any applicant who is physically or mentally unfit to perform the full duties of the position to which he seeks employment, or who is a habitual substance abuser, who is guilty of any crime involving moral turpitude, or of infamous or notoriously disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct in office, or who is affiliated with any group whose policies or activities are subversive to the form of government set forth in the constitutions and laws of the United States and the Commonwealth of Pennsylvania, or who has engaged in such conduct as would be grounds for disciplinary action by way of a suspension or removal under Section 2-125(a).
(h)
Recording and filing applications. Applications for police officer-entry level positions in the Police Department shall be received at the Township building only after an examination has been properly advertised and before the deadline for receiving applications which must be set forth in the public advertisement. Applications will be received by the municipal officer designated in the public advertisement or his designee. That person shall record the receipt of all applications and provide each applicant with notice of the time and place for the first portion of the testing procedure, the written examination. Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction prior to the deadline for filing applications after which no new applications or amended applications will be accepted.
(i)
Hearing for disqualified applicants. Any applicant or other person who believes that he is aggrieved by the actions of the Commission in refusing to examine or to certify him as eligible after examination may request a hearing before the Commission. Within 10 days after such request, the Commission shall designate a time and place for the hearing, which shall be conducted pursuant to the procedures set forth in the Local Agency Law, 2 Pa. Cons. Stat. 101 et seq. The applicant or aggrieved party must make their request for a hearing in writing within 10 calendar days of the date which the party knew or should have known of the Commission's action which is being challenged.
(j)
Public notice. No newspaper publication shall be required for any promotional examination for third-class police officer, second-class officer, first-class officer, Deputy Chief, Lieutenant or Sergeant.
(l)
Promotion for third-class police officer.
(1)
Every third-class police officer, after serving as such for one year, shall be promoted to the position of second-class police officer, provided:
(2)
If any third-class police officer shall not qualify for promotion, that police officer shall be continued in grade and after an additional year he/she shall again be eligible for promotion to the position of second-class police officer in accordance with Subsection (l)(1) above.
[Ord. No. 1659, § I, 3-9-2020]
(m)
Promotion for second-class police officer.
(1)
Every second-class police officer, after serving as such for a period of one year, shall be promoted to the position of first-class police officer, provided:
a.
There shall have been filed with the Township Manager a Chief's certificate.
c.
He/she shall have taken at least one course of instruction and training as a second-class police officer as prescribed by the Commission and by the rules and regulations of this Division.
[Ord. No. 1659, § I, 3-9-2020]
(2)
If any second-class police officer shall not qualify for promotion, that police officer shall be continued in grade and after an additional year he/she shall again be eligible for promotion to the position of first-class police officer in accordance with Subsection (m)(1) above.
[Ord. No. 1659, § I, 3-9-2020]
[Ord. No. 112 1, § 5, 3-8-1993; Ord. No. 1169, §§ 3, 8—11, 3-13-1995; Ord. No. 1194, § 8, 7-15-1996; Ord. No. 1312, §§ 2—6, 12-13-1999; Ord. No. 1361, § 6, 10-9-2001; Ord. No. 1390, §§ 7-9, 10-16-2002]
(a)
Examination and grading procedure for the position of police officer-entry level:
(1)
Public notice. The Commission shall conspicuously post in the Township building notice of the time and place of the written examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained for the written examination and the deadline for filing those applications. In addition, at least two weeks prior to the written examination for police officer-entry level, publication of the notice shall occur in at least one newspaper of general circulation or a newspaper circulating generally in the Township.
(2)
General examination requirements. The examination for police officer - entry level 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; and a background investigation. After an applicant has been extended an offer of employment, final appointment shall be contingent upon the applicant passing a physical and psychological examination.
[Ord. No. 1659, § I, 3-9-2020]
(3)
Examination administration. The Commission shall appoint a written examination administrator, an oral examination panel, a polygrapher, a physical fitness examiner, a medical examiner and a psychological examiner to conduct the appropriate examinations required by those rules and regulations.
(4)
Written examination. The written examination shall be graded on a 100-point scale with a score of 70 percent or higher necessary for passing. Upon completion of the written examination by qualified applicants and following the determination of scores, further processing (examinations) shall be open to the top 50 ranking persons after the written examination, which persons shall be deemed to have attained a minimum passing score or better for such written examination. The number of such persons may be increased at the discretion of the Commission in the event of a tie score affecting the determination of the fiftieth person(s). Those 50 persons, or the increased number of persons, as the case may be, shall then be offered the opportunity to take the oral examination pursuant to Subsection (a)(5) below. Within 30 days after the applicant's written examination, the applicant shall be given written notice of the applicant's score on the written examination and, if applicable, the date, time and place for the oral examination.
[Ord. No. 1659, § I, 3-9-2020]
(5)
Oral examination. The top 50 persons selected pursuant to Subsection (a)(4) above in the written examination shall be given an oral examination, which will be graded on a 100-point scale with a score of 70 percent or higher necessary for passing. The oral examination for police officer - entry level shall involve questioning the applicant on how the applicant would handle situations relevant to police work. Within 30 days after the applicant's oral examination, the applicant shall be informed of the applicant's oral examination score.
[Ord. No. 1659, § I, 3-9-2020]
(6)
Oral examination panel. The oral examination for the position of police officer-entry level shall be conducted by a panel of three police officers, active or retired, selected by the Commission, having a rank of at least first-class police officer and five (5) years of experience with the Department.
[Amended 8-14-2023 by Ord. No. 1693]
(7)
Fingerprinting. All applicants for the position of police officer-entry level scheduled to take an oral examination may be fingerprinted by the Police Department prior to taking the oral examination.
(8)
Veterans' preference points. Pursuant to the Veterans' Preference Act, any applicant for the position of police officer-entry level who qualifies as a "soldier" under this Act shall receive an additional 10 points on top of their total score if that applicant had received passing scores under subSections (a)(4) and (a)(5) above.
(9)
Physical fitness testing. Applicants for the position of police officer - entry level who have passed the written examination and the oral examination shall be given a physical fitness test. An applicant for the position of police officer -entry level must meet the physical fitness standards for police officer adopted by Council by resolution.
[Ord. No. 1659, § I, 3-9-2020]
(10)
Background investigation.
a.
The Commission shall request the Chief of Police or his designee to conduct the background investigation on applicants for the position of police officer-entry level who have passed the written and oral examinations and physical fitness testing under Subsections (a)(4), (a)(5), and (a)(9), above. The commencement of background investigations and the number of applicants to be investigated shall be within the discretion of the Commission. The background investigation shall include interviews with applicant's family, acquaintances, current and former employers, current and former neighbors, references and current and former teachers and school officials. In addition, the applicant's credit history and record of criminal convictions shall be investigated. All investigations and procedures shall be consistent with the requirements of Title 44 of the Pennsylvania Consolidated Statutes Chapter 73, as amended from time to time. The applicant shall be interviewed directly when the information collected during the background investigation requires clarification or explanation. The applicant shall be given a copy of any credit report obtained and the applicant shall have an opportunity to explain the report. The background investigation may include a polygraph test if required by the Chief or his designee.
[Amended 8-14-2023 by Ord. No. 1693]
b.
After the background investigation is completed, the Chief or his designee, shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a police officer. Appropriateness of the applicant shall be based on the criteria set forth in Section 2-122(g) of these rules and regulations. This recommendation shall be in writing, and if the recommendation is to disqualify, then a detailed written explanation of the reasons for disqualification must be included. The Commission shall make the final determination on whether the information collected during the background investigation warrants rejection of the candidate.
c.
Within 30 days after the Commission considers the recommendation of the Chief of Police or his designee, the applicant shall be informed of whether he has passed the background investigation.
(b)
Examination and grading procedure for the positions of Deputy Chief, Lieutenant and Sergeant:
(1)
Public notice. The Commission shall conspicuously post in the Township building notice of the time and place of the written examination, together with the information as to the type of position to be filled, the requirements for that position, where applications may be obtained for the written examination and the deadline for filing those applications. No newspaper publication shall be required for any examination for Deputy Chief, Lieutenant or Sergeant.
(2)
General examination requirements for the positions of Deputy Chief, Lieutenant and Sergeant. The examination for the positions of Deputy Chief, Lieutenant and Sergeant shall include a written and oral examination which shall be graded on a one-hundred-point scale and be weighted as follows:
a.
Deputy Chief. The written examination representing 30% of the final score and the oral examination representing 70% of the final score.
b.
Lieutenant. The written examination representing 40% of the final score and the oral examination representing 60% of the final score.
[Ord. No. 1659, § I, 3-9-2020]
c.
Sergeant. The written examination representing 40% of the final score and the oral examination representing 60% of the final score.
[Ord. No. 1659, § I, 3-9-2020]
(3)
Examination administration. The Commission shall appoint a written examination administrator and oral examination panel to conduct the appropriate examinations required by those rules and regulations.
(4)
Written examinations. The written examination shall be graded on a 100-point scale with a score of seventy (70%) percent or higher necessary for passing. Upon completion of the written examination by qualified applicants and following the determination of scores, further processing (examinations) shall be open to the persons passing the written examination, which persons shall be deemed to have attained a minimum passing score or better for such written examination. Those persons shall then be offered the opportunity to take the oral examination pursuant to subSection (b)(5) below. Within 30 days after the applicant's written examination, the applicant shall be given written notice of the applicant's score on the written examination and, if applicable, the date, time and place for the oral examination.
(5)
Oral examination. All persons who pass the written examination shall be given an oral examination, which will be graded on a 100-point scale with a score of 70 percent or higher necessary for passing. Within 30 days after the applicant's oral examination, the applicant shall be informed of the applicant's oral examination score and total overall score.
[Ord. No. 1659, § I, 3-9-2020]
(6)
Oral examination panel.
a.
The oral examination for the position of Deputy Chief, Lieutenant and Sergeant shall be conducted by a panel of three law enforcement officers, active or retired, from outside the department as follows:
1.
Deputy Chief. Law enforcement officers having the rank of Chief of Police, Commissioner of police, superintendent of police, senior agent in charge or the equivalent.
2.
Lieutenant and Sergeant. Law enforcement officers having the rank of at least Deputy Chief, Chief of Police, Commissioner of police, superintendent of police, senior agent in charge or the equivalent.
b.
The Chief of Police shall submit a list of five names of officers from outside the department to the Commission, which shall select three names from this list to serve on the panel.
[Ord. No. 1121, § 5, 3-8-1993; Ord. No. 1169, §§ 3, 12, 3-13-1995; Ord. No. 1194, §§ 9—11, 7-15-1996; Ord. No. 1361, § 7, 10-9-2001; Ord. No. 1390, § 10, 10-16-2002; Ord. No. 1631, § 2, 3-13-2017]
(a)
Eligibility list.
(1)
Creation of eligibility list. At the completion of the examination requirements set forth in Section 2-123, the Commission 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.
(2)
Tied scores—police officer-entry level examination. In the case of tied scores in the police officer-entry level examination, the tie will be broken by giving preference to the applicant who submitted a final completed application first as to date and time.
(3)
Tied scores—Deputy Chief, Lieutenant or Sergeant examination. In the case of tied scores in an examination for Deputy Chief, Lieutenant or Sergeant, the tie shall be broken by giving preference to the applicant who has the greater number of years of service.
(4)
Term of eligibility list. An eligibility list shall not be effective for more than 12 months. The Commission may, at its sole discretion, void an eligibility list at any time for any reason.
(5)
Establishing successor police officer - entry level eligibility list. The Commission may commence an examination for police officer - entry level for the purpose of establishing an eligible list if in its discretion such a test is deemed necessary.
(6)
Establishing successor Deputy Chief, Lieutenant or Sergeant eligibility list. The Commission shall not commence an examination for Deputy Chief, Lieutenant or Sergeant for the purpose of establishing an eligibility list unless the appointing authority of the Township shall notify the Commission of a vacancy, or anticipated vacancy, under Subsection (b) below.
[Ord. No. 1659, § I, 3-9-2020]
(b)
Appointment.
(1)
The appointing authority of the Township 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 and psychological examinations, no other testing shall be required for a furloughed employee.
(2)
If no furlough list exists or if positions remain to be filled after all of the officers on the furlough list were offered re-employment, every position, except that of Chief of Police, shall be filled only in the following manner:
a.
The appointing authority of the Township shall notify the Commission of any vacancy which is to be filled and shall request the certification of three names from the list of eligibles.
b.
If the applicable eligibility list has been voided or if three names are not available, then the Commission shall commence the appropriate examinations for the purpose of establishing an eligibility list.
c.
The appointing authority shall make an appointment from one of the three names certified with reference to the merits and fitness of the candidates.
(3)
The appointing authority may object to one or more of the persons certified for the reasons set forth in Section 2-122(g) of these rules and regulations. If the candidate to whom the appointing authority objects fails to timely exercise his rights of appeal under Section 2-122(i) 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 for each name stricken off.
(c)
Appointment of Chief of Police. In the case of a 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 Section 2-125(a).
(d)
Physical and psychological/psychiatric examinations. After the appointing authority selects a candidate from the certified eligibility list of three for appointment to a police officer - entry level position, Deputy Chief or Chief, that candidate shall submit to a physical examination and a psychological/psychiatric examination by the appropriate medical experts. If the candidate successfully passes the physical and psychological/psychiatric examinations, then that employee shall be appointed to the vacant position in the Police Department for which he/she had applied. The appointment shall be contingent upon successfully passing both the physical and psychological/psychiatric examinations. Failure to pass either examination shall result in the candidate being rejected from consideration. The rejected candidate may appeal this decision under Sec. 2-122(i). The Commission shall then certify another name to be included with the two previously certified names for consideration by the appointing authority pursuant to Sec. 2-124(b) above.
[Ord. No. 1659, § I, 3-9-2020]
(e)
Probationary period. Every successful applicant to the position of police officer-entry level with the Police Department shall serve a probationary period. The probationary period for a police officer-entry level who has an Act 120 certification on the first day of employment shall be for a period of 12 months. The probationary period for a police officer-entry level who does not have an Act 120 certification on the first day of employment shall commence with the first day of employment and shall end at the end of the twelfth month following the receipt of said Act 120 certification. The failure of a police officer-entry level to obtain or receive an Act 120 certification shall be sufficient reason for a dismissal of such police officer for cause. During the probationary period, a police officer-entry level may only be dismissed for cause for the reasons set forth in Section 2-122(g) and for failure to obtain or receive an Act 120 certification. At the end of the probationary period, if the conduct of the probationer has not been satisfactory to the appointing authority, the probationer shall be notified in writing that he/she will not receive a permanent appointment. At that time, a police officer-entry level's employment shall end. Any officer who is not informed in writing that his/her performance has been unsatisfactory shall receive a permanent appointment to his/her position. Any probationer who is notified in writing that he/she will not receive a permanent appointment has no rights of appeal under these rules and regulations.
(f)
Provisional appointments. 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 appointing authority 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 and may be appointed provisionally to fill such vacancy. It shall thereupon become the duty of the Commission within three weeks thereafter to hold a competitive examination and certify a list of eligibles 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.
(g)
Reappointment or reinstatement. When a vacancy in an existing position in the Police Department occurs as a result of retirement, resignation, disability or death, such vacancy may be filled by the appointing authority by the reappointment or reinstatement of a former employee of the Police Department who had previously complied with the civil service provisions of this Code. No examination, other than a physical examination as directed by the Commission, shall be required in the case of a reappointment or reinstatement as aforesaid, except at the discretion of the appointing authority or as otherwise required by law.
[Ord. No. 1121, § 5, 3-8-1993; Ord. No. 1169, § 3, 3-13-1995; Ord. No. 1347, § 1, 3-12-2001]
(a)
Grounds for disciplinary action.
[Amended 8-14-2023 by Ord. No. 1693]
(1)
No person appointed to a position in the Police Department pursuant to these rules and regulations may be suspended without pay or removed, suffer the loss of accrued vacation pay or accrued time off and no person promoted in rank pursuant to these rules and regulations may be reduced in rank except for the following reasons:
a.
Physical or mental disability affecting the officer's ability to continue in service, in which case the officer shall receive an honorable discharge from service;
b.
Neglect or violation of any official duty;
c.
Violation of any law of this commonwealth which provides that such violation constitutes a misdemeanor or felony;
d.
Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer;
e.
Intoxication while on duty; or
f.
Engaging or participating in conducting of any political or election campaign other than the officer's exercise of his own right of suffrage.
(2)
No police officer shall be disciplined or removed for religious, racial, sex, sexual orientation or political reasons. A statement of any charges made against any officer so employed shall be furnished to the officer within five days after those charges have been imposed by the Chief of Police and approved by the Township Manager.
(3)
Disciplinary options. The Chief of Policy may, at the Chief's option, impose the following discipline. Depending on the seriousness of the offense charged, as determined by the Chief of Police, the Chief will not be required to utilize progressive discipline:
(b)
Furloughs.
(1)
If for reasons of economy or other reasons it shall be deemed necessary by the Township to reduce the number of full-time police officers in the Department, then the Township shall apply the following procedure:
a.
If there are any employees eligible for retirement under the terms of any retirement or pension law, then such reductions in numbers shall be made by retirement of such employees starting with the oldest employee and following in order of age respectively;
b.
If the number of full-time police officers eligible for retirement is insufficient to effect the necessary reductions in numbers, or if there are no persons eligible for retirement, or if no retirement or pension fund exists, then the reductions shall be effected by furloughing the person or persons, including probationers, last appointed to the respective force.
(2)
Such removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until such reduction shall have been accomplished. In the event that the appointing authority decides to increase the Police Department, the furloughed officers shall be reinstated in order of their seniority in the department if the furloughed officer accepts reinstatement in writing within 30 days of receiving notice of the opening. These reduction in force provisions are not applicable to the Chief of Police.
(c)
Notice of suspension, removal, reduction in rank, or loss of accrued vacation time or time off. Whenever a police officer is suspended, removed, reduced in rank, or loses accrued vacation time or time off, the specific charges warranting such actions shall be stated in writing by the Chief of Police. The charges shall be stated clearly and in sufficient detail to enable the officer to understand the charges against him and to allow the officer an opportunity to respond to those charges. The charges shall specify the subsection of Subsection (a)(1) above which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the Chief of Police relied in finding a violation of Subsection (a). Within five days after the Chief of Police imposes the disciplinary action, a written statement of the charges shall be delivered to the officer, either by personal service or by certified or registered mail. In addition, the charge shall notify the officer of his appeal rights under Subsection (d) below. A copy of the statement of charges shall also be served upon the members of the Commission.
[Amended 8-14-2023 by Ord. No. 1693]
(d)
Hearings on suspension, removals, reductions in rank, and loss of accrued time or time off.
[Amended 8-14-2023 by Ord. No. 1693]
(1)
The officer who has been suspended, removed, or reduced in rank, or who has lost accrued vacation time or time off may appeal the decision of the Chief of Police by written notice to the Secretary of the Commission, [in care of] Township building, requesting a hearing. This request shall be received by the Commission within ten (10) days after the officer received notice of the discipline. The officer may make written answers to any charges filed against him not later than the date fixed for the hearing. Failure of the officer to provide written answers to any of the charges shall not be deemed an admission by the officer.
(2)
The Commission shall schedule a hearing within 10 days from the officer's written request for a hearing unless continued by the Commission for cause at the request of the Commission, the Chief of Police or the officer. At any such hearing, the officer against whom the charges have been made may be present and represented by counsel, may call witnesses, and may present testimony and documentation on his behalf. The Township may also be represented by counsel, may call witnesses, and may present evidence as is necessary to support the charges. The stenographic record of all testimony shall be taken at every hearing and preserved by the Commission. In the event the charges are dismissed, the record shall be sealed and not be available for public inspection.
(3)
In conducting the hearing, the Commission's standard of review shall be to determine whether sufficient evidence has been presented to support the statutory reason for the disciplinary action. If the Commission finds that sufficient evidence has been introduced to support the charge, the Commission shall not modify the penalty imposed by the Chief of Police unless it finds that the penalty imposed was arbitrary, discriminatory or an abuse of the Chief of Police's discretion. In considering the appropriateness of the discipline, the Commission shall not substitute its judgment for that of the Chief of Police. The Commission may request post-hearing briefs and shall issue a written decision containing specific findings of fact and conclusions of law within 30 days after the final hearing before the Commission.
(e)
Hearing procedure.
(1)
All testimony shall be given under oath administered by the Chairperson or, in his absence, the Vice Chairperson. The Commission shall have the power to issue subpoenas as set forth in Sec. 2-121(g). The hearing shall be open to the public unless, prior to the commencement of the hearing, a written or oral request to close the hearing is made by either the charged officer or the Township.
(2)
If the Commission sustains the charges, the officer who was suspended, removed, reduced in rank, or who lost accrued vacation time or time off may file an appeal with the Court of Common Pleas within thirty (30) days from the date of entry by the Commission of its final order. No order of suspension shall be made by the Commission for a period longer than one year. In the event that the Commission fails to uphold the charges, then the person sought to be suspended, removed or reduced in rank, or loss of vacation time or time off, shall be reinstated with full pay for the period of the suspension, removal, reduction in rank, or the accrued vacation time or time off shall be returned, and no charges related to the suspension, removal, reduction in rank or loss of accrued vacation time or time off shall be officially recorded against his or her record.
[Amended 8-14-2023 by Ord. No. 1693]
[Ord. No. 752, § 1 (4-2.7), 8-9-1976; Ord. No. 887, § 1, 1-10-1983]
(a) CITATIONS DISCIPLINARY BOARD DISCIPLINARY FINE
Definitions. As used in this Section, the following terms shall have the indicated meanings:
A formal written statement of a minor violation of the code of discipline, rules of conduct or general or special orders of the Department which becomes part of an officer's personnel file.
The Board created to hear the challenge of an officer to the issuance of a citation or the imposition of a disciplinary fine.
A fine not exceeding $500 imposed by the department head as the result of the issuance of a citation.
[Amended 8-14-2023 by Ord. No. 1693]
(b)
Citation procedure. All citations shall be in written form. The original shall be furnished to the police officer cited and copies shall be filed with the Chief of Police and the Township Manager. The police officer cited shall sign a dated receipt for the copy of the citation.
(c)
Content of citation. A citation shall specify:
(1)
The nature of the offense.
(2)
The date, time and place of the offense.
(3)
The name of the officer originating the citation.
(4)
The Section of the code of discipline, rules of conduct or the specific general or special order violated.
(5)
That the officer cited has the right to a hearing in accordance with the procedure established by SubSection (d) of this Section and Sec. 2-162.
(6)
The amount of the disciplinary fine or other disposition of the citation.
(d)
Request for hearing. The officer against whom a citation is issued or on whom a disciplinary fine is imposed as the result of the issuance of the citation may file a written request for a hearing to dispute the citation or the fine imposed, or both. The request for a hearing must be filed with the Township Manager not later than five days following receipt of the citation by the officer cited. Copies of the request for a hearing shall be sent by the Township Manager to the Chairman of the Disciplinary Board and to the Police Department representative on the Disciplinary Board.
[Ord. No. 752, § 1 (4-2.8), 8-9-1976; Ord. No. 887, § 1, 1-10-1983; Ord. No. 1169, § 3, 3-13-1995]
(a)
Purpose. The Disciplinary Board shall conduct hearings in all cases in which the officer cited and/or fined requests a hearing concerning the citation and/or the disciplinary fine imposed.
(b)
Composition of Board. The Disciplinary Board shall be comprised of the Township Manager, a member of the Civil Service Commission elected by the members of that Commission to serve for a one-year term, and a member of the police force elected by the members of the police force to serve for a one-year term. Each member of the Board may designate a representative to act in his or her place at the hearing conducted by the Board. The Board member elected by the Civil Service Commission shall serve as the Chairman of the Disciplinary Board.
(c)
Procedure for hearings.
(1)
The Chairman shall schedule a hearing within 10 days of the receipt of a request therefor, and the presence of all members of the Board or their representatives shall be required to constitute a quorum for such hearing.
(2)
The hearing shall be closed to the public.
(3)
Continuances may be granted by the Board for cause or at the request of the Township or the officer charged.
(4)
Representatives of the Township and the officer charged shall have the right to be present at all times during the hearing and to be represented by counsel.
(5)
No hearing shall be held unless a quorum of the Board is present and no action of the Board shall be valid unless concurred in by a majority of the quorum.
(6)
No stenographic record of the Board proceedings shall be required.
(7)
The hearing shall be informal in nature and strict rules of evidence shall not apply.
(8)
The decision of the Board shall be rendered in writing within five days of the hearing. Copies of the decision shall be mailed or hand-delivered to the Township Manager, the Chief of Police and to the officer cited within 48 hours of the date of the decision.
(9)
In the event that the Board rescinds the citation, that writing shall be removed from the officer's personnel file.
(d)
Powers of Disciplinary Board. The Disciplinary Board shall have the power, after hearing, to sustain the citation and/or disciplinary fine, rescind the citation and/or reduce, increase or set aside the disciplinary fine.
[Ord. No. 985, § 1, 2-8-1988; Ord. No. 1194, § 12, 7-15-1996; Ord. No. 1631, § 1, 3-13-2017]
(a)
Not less often than every three (3) years each member of the Plymouth Township Police Department shall be required to undergo a psychiatric examination and/or psychological evaluation under the supervision of health care providers designated by the Township. Each member of the Department shall be notified of the date, time and place of such examination and/or evaluation by letter delivered to members of the Police Department at their Police Department mailbox. Appearance for said examination and/or evaluation and the receipt of medical certification that the officer is free from psychological disabilities which would prevent the proper discharge of duties as a police officer are a condition precedent to the officer's continuation as a member of the Police Department of Plymouth Township. Failure to appear for such an examination and/or evaluation shall be cause for immediate suspension from the Police Department without pay, which suspension shall continue until such time as the police officer appears for the examination and/or evaluation. Failure to obtain the necessary psychological certifications required hereby shall result in the dismissal of the officer from the Police Department, as prescribed in Section 2-125(a)(1)a.
(b)
The Chief of Police or senior command officer then in charge of Police Department may require a member of the Plymouth Township Police Department to submit to a physical examination and or psychiatric examination and/or psychological evaluation by health care providers designated by the Township at any time if, in the opinion of the Chief or senior command officer in charge, there is reason to believe that the officer is physically or mentally unfit for duty, or that an officer's absence from duty by reason of illness appears to be unwarranted. Copies of the report or reports of the health care provider or providers shall, in each such instance, be made available to the Chief of Police or senior command officer, the Township Manager and to the police officer involved.
[1]
Editor's Note: Section 1 of Ord. No. 985, adopted Feb. 8, 1988, amended Ch. 2 by repealing § 2-163, pertaining to mental examinations for members of the Township Police Department, and derived from Ord. No. 784, § 1, adopted Sept. 12, 1977; and Ord. No. 921, § 1, adopted Nov. 12, 1984, and enacted new provisions which have been incorporated herein as a new § 2-163.