[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.
[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]
(a) 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:
APPLICANT
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.
APPOINTING AUTHORITY
The Council of the Home Rule Municipality of Plymouth, Montgomery
County, Pennsylvania.
CERTIFICATION
The submission to the appointing authority pursuant to their
request of three names taken from the eligible list developed by the
Commission.
CHAIRPERSON
The Chairperson of the Civil Service Commission of the Home
Rule Municipality of Plymouth, Montgomery County, Pennsylvania.
CHIEF OF POLICE
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.
COMMISSION
The Civil Service Commission of the Home Rule Municipality
of Plymouth, Montgomery County, Pennsylvania.
ELIGIBLE
A person whose name is recorded on a current eligible list
or furlough list.
ELIGIBLE LIST
The list of names of persons who have passed all examinations
for a particular position in the Police Department.
EXAMINATION
The series of tests given to candidates to determine their
qualifications for a position in the Police Department.
FURLOUGH LIST
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.
POLICE DEPARTMENT
The Police Department or police force of the Home Rule Municipality
of Plymouth, Montgomery County, Pennsylvania.
POLICE OFFICER-ENTRY LEVEL
For purposes of these rules and regulations, an entry level
sworn full-time position in a Police Department.
PROBATIONER
An officer in the Police Department who has been appointed
from an eligible list, but who has not yet completed the work-test
period.
REDUCTION IN RANK
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.
REMOVAL
The permanent separation of a police officer from the Police
Department.
SUSPENSION
The temporary separation without pay of a police officer
from the Police Department.
SECRETARY
The Secretary of the Commission of the Home Rule Municipality
of Plymouth, Montgomery County, Pennsylvania.
TOWNSHIP
The Home Rule Municipality of Plymouth, Montgomery County,
Pennsylvania.
TOWNSHIP MANAGER
The person appointed as Township Manager under Article IV
of the Plymouth Township Home Rule Charter.
YEAR OF SERVICE
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]
(1) Possess
a diploma from an accredited high school or a graduate equivalency
diploma;
(2) Be
a United States Citizen; and
(3) Be
physically and mentally fit to perform the full duties of a police
officer; and
(4) Possess
a valid motor vehicle operator's license.
[Ord. No. 1659, § I, 3-9-2020]
(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:
a.
There shall have been filed with the Township Manager a Chief's
certificate.
b.
He/she shall have taken at least one course of instruction and
training as a third-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 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. Written
reprimand or counseling;
g. Loss
of accrued vacation time or time off;
i. Termination
or removal from the Department.
(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) Definitions. As used in this Section, the following terms shall have
the indicated meanings:
CITATIONS
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.
DISCIPLINARY BOARD
The Board created to hear the challenge of an officer to
the issuance of a citation or the imposition of a disciplinary fine.
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.