[Adopted 2-9-2015 by Ord. No. 2-9-15[1]]
[1]
Editor's Note: This ordinance superseded former Art. VI, Civil Service Rules and Regulations, adopted 5-13-1985 by Ord. No. 5-13-85B; amended in its entirety 5-11-1998 by Ord. No. 5-11-98B, as amended.
11.23.1. 
Definitions. Unless otherwise expressly stated, the following words and phrases, wherever used in these rules and regulations, shall be construed to have the meanings indicated herein:
APPLICANT
Any individual who applies in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department.
CERTIFIED LIST OF THREE
The submission to the appointing authority pursuant to its request for three names taken from the respective eligible lists developed by the Civil Service Commission.
CHAIRPERSON
The Chairperson of the Civil Service Commission of the Municipality of Bethel Park, Pennsylvania.
CHIEF OF POLICE
A sworn officer heading the Police Department who is appointed by Municipal Council.
COMMISSION
The Civil Service Commission of the Municipality of Bethel Park, Pennsylvania.
COMMISSIONER
A member of the Civil Service Commission.
ELIGIBILITY LIST
The list of names of persons who have passed all examinations for a particular position in the Police Department.
ELIGIBLE
A person whose name is recorded on a current eligible list or furlough list.
EXAMINATIONS
The series of tests given to applicants to determine their qualifications for a position in the Police Department.
FULL-TIME POLICE OFFICER
A qualified police officer hired under the provisions of these Civil Service Rules and Regulations.
FURLOUGH LIST
The list containing the names of persons laid off from positions in the Police Department because of a reduction in the number of officers.
IDENTIFICATION
Personal evidence; including a valid operator's license, photo ID card or birth certificate of an individual.
MANUAL
The Bethel Park Police Policy and Procedures Manual.
MEDICAL EXAMINATION
Any examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.
MUNICIPAL COUNCIL
The appointing authority of the Municipality of Bethel Park, Allegheny County, Pennsylvania.
MUNICIPALITY/MUNICIPAL
The Municipality of Bethel Park.
MUNICIPAL POLICE OFFICERS EDUCATION AND TRAINING COMMISSION (MPOETC)
Established in 1974 to set certification and training standards for police officers employed by municipalities in the Commonwealth of Pennsylvania.
PHYSICIAN
Shall have the meaning given to it in 1 Pa.C.S.A. § 1991, which relates to definitions.
POLICE DEPARTMENT
A department of the Municipality administered by a Chief of Police and partly composed of police officers appointed, promoted and disciplined pursuant to the Rules and Regulations of the Bethel Park Civil Service Commission.
POLICE OFFICER
Any sworn full-time police officer serving in the Bethel Park Police Department except as specifically noted.
[Amended 7-13-2015 by Ord. No. 7-13-15]
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.
PROMOTION: RANKING OFFICER
A qualified full-time police officer in the Police Department appointed to a ranking position under these civil service rules and regulations.
QUALIFIED MEDICAL PROFESSIONAL
An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed: as a physician assistant pursuant to the Act of December 20, 1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985,"[1] or the Act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act";[2] or as a certified registered nurse practitioner pursuant to the Act of May 22, 1951 (P.L. 317, No. 69), known as "The Professional Nursing Law."[3]
REDUCTION IN RANK
A change to a different position or rank where the employee fulfilled all of the requirements of these rules and regulations for both the prior and current position or rank.
RE-EMPLOYMENT LIST
The list of police officers furloughed and eligible for re-employment.
REMOVAL
The permanent separation of a police officer from the Police Department.
RESIDENCE REQUIREMENT
Maximum distance from the Bethel Park Municipal Building within which a police officer shall have his primary residence that is regularly occupied by the police officer.
RULES
The Rules and Regulations of the Bethel Park Police Civil Service Commission.
SUSPENSION
The temporary separation without pay of a police officer from the Police Department.
[1]
Editor's Note: See 63 P.S. § 422.1 et seq.
[2]
Editor's Note: See 63 P.S. § 271.1 et seq.
[3]
Editor's Note: See 63 P.S. § 211 et seq.
11.24.1. 
Civil Service Commission.
1. 
Commissioners. The Commission shall consist of three Commissioners who shall be qualified electors of the Municipality and shall be appointed by the Municipal Council initially to serve for the term of three years, and as terms thereafter expire may be reappointed for terms of three years. The terms of the three Commissioners shall be staggered so as not to expire in the same year.
2. 
Any vacancy occurring in the Commission for any reason whatsoever shall be filled by the Municipal Council for the unexpired term as soon as practical after such vacancy occurs.
3. 
Each member of the Commission created by this subsection, before entering upon the discharge of the duties of his office, shall take an oath, or affirmation of office pursuant to 53 Pa.C.S.A. § 1141 (relating to form of oaths of office). The Civil Service Commissioners shall receive no compensation.
11.24.2. 
Office incompatible with position of Commissioner. No Commissioner shall, at the same time, hold an elective office under the United States Government, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth.
11.24.3. 
Organization of Commission — quorum.
1. 
The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as its Chairperson, one as Vice Chairperson and one as its Secretary. The Commission shall thereafter meet and organize on the first Monday of January of each even-numbered year, providing that the first Monday is not a holiday, in which event, said meeting will be held on the second Monday in January. Two members of the Commission shall constitute a quorum and no action of the Commission shall be valid unless it shall have the concurrence of at least two members.
2. 
For purposes of hiring and promoting police officers under these rules, each step of the hiring or promotional process requiring official action by the Commission shall be considered a separate "matter or case" and each step of the hiring or promotional process need not be voted upon or approved by the same composition of Commissioners, as the case may be, provided that the quorum requirement has been satisfied.
11.24.4. 
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 all duties required by law including these rules and regulations.
11.24.5. 
Duties of Vice Chairperson. The Vice Chairperson shall act in the absence of the Chairperson in carrying out the duties of the Chairperson and shall be a voting member.
11.24.6. 
Duties of the Secretary.
1. 
The Secretary, under the direction of the Commission, shall handle all official correspondence of the Commission, including the recording of votes cast by the Commissioners, send out all notices required by law including these rules and regulations, keeping a record of each examination or other official action of the Commission, and perform all other duties required by law including these rules and regulations. The Municipal Manager shall be available to assist the Secretary when reasonably requested by the Commission.
2. 
The Secretary shall, subject to supervisory action of the Commission:
a. 
Keep records of the proceedings of the Commission and have charge of, and be responsible for, the safekeeping of the books, reports, papers and other property in the Municipal office;
b. 
File the minutes, or a true copy thereof, certified by the Secretary with the Municipal Manager;
c. 
Notify the Commission when examinations are necessary, and the dates when they may be held;
d. 
Direct the work of proctors or others subordinate to him and take care to secure accuracy, uniformity and justice in all proceedings and report the results of examinations to the Commission;
e. 
Compile the eligibility list;
f. 
Provide a certification list to Council, as required;
g. 
Audit all bills and expenses before certifying them to the Municipal Manager for payment;
h. 
Delegate routine tasks to, and supervise the work of, clerical assistants furnished to the Commission; and
i. 
Generally carry on the correspondence and other designated secretary work of the Commission.
11.24.7. 
Meetings. Except for the annual organization meeting, all meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. Each Commissioner shall be notified in writing of each and every meeting at least 72 hours in advance. In all cases regarding meetings, including scheduling, the board shall follow the provisions provided for pursuant to 65 Pa.C.S.A. Ch. 7, as amended and commonly known as the "Sunshine Law." In addition, as mandated by 65 Pa.C.S.A. Ch. 7, all the meetings of the Commission must be properly advertised and posted. In the event an agenda item is specific to an individual member of BPPD or is of a confidential legal matter, the Commission may start the public meeting as prescribed below and then convene an executive session, or schedule an executive session meeting with the sole and limited purpose of discussing only specific personal issue or legal matter. In the case of an executive session meeting the Commission must announce the time and place of said executive session at the next public meeting, and it must be recorded in the meeting minutes. The order of business for all meetings shall be as follows:
1. 
Roll call.
2. 
Public comments (agenda items).
3. 
Approval of previous meeting's minutes.
4. 
Announcement of any executive meetings/sessions.
5. 
Communications and reports.
6. 
Unfinished business.
7. 
Hearing of cases.
8. 
New business.
9. 
Public comments (general).
10. 
Adjourn.
11.24.8. 
Clerical assistance, supplies, solicitor, etc. The Municipality shall furnish to the Commission, on its requisition, clerical assistance that may be necessary for the work of the Commission. The Municipality shall provide a suitable and convenient room for the use of the Commission. The Commission shall order from the Municipality the necessary stationery, postage, printing and supplies. The Municipality shall also provide the services of a solicitor for the Commission to be appointed by the Commission and paid by the Municipality. The Municipality shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Commission solicitor. The elected and appointed officials of the Municipality shall aid the Commission in all proper ways in carrying out the provisions of this subsection relating to civil service.
11.24.9. 
Appointment of examiners.
1. 
Unless the examination is conducted by the South Hills Area Council of Governments (SHACOG), the Commission shall appoint experienced written examination administrators and physical examination administrators to conduct appropriate examinations required by these rules and regulations. The Commission shall reserve the right to accept or reject for cause, in whole or part, the recommendations of the regularly appointed examining agency. The oral examination shall be the responsibility of the Chief of Police in accordance with Section 11.26.2 of these Police Civil Service Rules and Regulations.
[Amended 7-9-2018 by Ord. No. 7-9-18]
2. 
The Municipality shall have the responsibility to appoint the physical and psychological examiner, as outlined in Section 11.25.3(4) of these rules and regulations.
11.24.10. 
Amendment of rules and regulations. The Commission may recommend amendment or revisions of these rules and regulations for any reason by action of a majority of the Commission. Before any changes to these rules and regulations become effective, those changes must be approved by the Municipal Council. These rules and regulations, and any amendments thereto, once approved, by the Municipal Council, shall be made available to the public for distribution or inspection, as amended.
11.24.11. 
Minutes and records. The Commission shall keep minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the Commission, except as otherwise provided in Section 11.27.3, shall be open to public inspection and subject to reasonable regulation.
11.24.12. 
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 Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations.
11.24.13. 
Subpoenas.
1. 
The Commission shall have the power to issue subpoenas over the signature of the Chairperson to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid by the party requesting the subpoena.
2. 
All officers in public service and employees of the Municipality of Bethel Park shall attend and testify when required to do so by the Commission.
3. 
If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Allegheny County, Pennsylvania, for its subpoena, requiring the attendance of such persons before the Commission or the court to testify and to produce any records and papers as necessary, and in default, shall be held in contempt of Court.
11.24.14. 
Annual report. The Secretary of the Commission will produce an annual report containing a brief summary of the Commission's work, and shall make a full accounting for any expenditure of public monies. Once the Secretary's report is approved by the majority of the Commission it will be submitted to Municipal Council on or before January 31 of each year. Once the Commission's annual report is accepted by Municipal Council, the report shall be available for public review.
[Amended 7-13-2015 by Ord. No. 7-13-15]
11.25.1. 
Applications and qualifications.
1. 
Eligibility for examinations. In order to be eligible for participation in any examination for any full-time position with the Municipality of Bethel Park Police Department, every applicant must submit a completed application form to the Commission or other offices or agencies designated by the Commission, before the deadline stated for that specific examination. The applicant must make an oath or affirmation that the application has been completed truthfully, and that the applicant is subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. The application for SHACOG is only an application to participate in the physical agility and written examinations. Only those qualified candidates for employment with Bethel Park who pass both tests may file an application with the Municipality.
2. 
Discrimination. The Municipality of Bethel Park is an equal opportunity employer. It is the Municipal Council and the Commission's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability. The Municipal Council and the Commission will provide equal opportunities in employment.
3. 
Applications. Application forms shall be available to all interested persons in the office of the Chief of Police or his/her designee and from such other offices and officers that the Commission, from time to time, may choose to designate.
4. 
Age and residency requirements. At the time of the application deadline, no applicant for a position in the Police Department shall be less than 21 years of age. Applicants, if selected, must, within six months of the successful completion of the probationary period, have established and maintained a permanent residency within 20 air miles of the Bethel Park Municipal Building and supply annual verification of compliance with residency requirements to the Municipality. Police employees shall maintain permanent residency under these rules for the duration of employment.
[Amended 5-10-2021 by Ord. No. 5-10-21A; 8-9-2021 by Ord. No. 8-9-21B]
5. 
General qualifications. At the time of the application deadline every applicant for a position in the Police Department shall possess the following qualifications prior to application:
a. 
Possess a bachelor's degree from an accredited college or university; or possess an associate's degree from an accredited college or university and have three years of continuous full-time experience as a police officer; or possess an associate's degree from an accredited college or university and be honorably discharged from the Armed Services of the United States of America; or possess an associate's degree from an accredited college or university and be released from active duty and assigned to reserve duty status.
b. 
Must have a minimum GPA of 3.0 upon graduation.
c. 
Be Act 120 certified under the Municipal Police Officers Education and Training Act (Act 120), (MPOETC) 53 Pa.C.S.A. § 2161 et seq., or have successfully completed Act 120 training or its equivalency and passed the final exam at the time of appointment.
d. 
Be a United States citizen, if in the case of a naturalized citizen for a period of not less than five years.
e. 
Be physically and mentally fit to perform the full duties of a police officer.
f. 
Possess a valid Pennsylvania motor vehicle operator's license.
g. 
Have an unblemished documented driving record, (nonmoving violation will not be considered) for the past 36 months. In addition the candidate cannot have had his/her driver's license (from any state or district) revoked for any reason in the past seven years.
h. 
Must not have had an adjudicated protection from abuse (PFA) order issued against him or her within the past five years.
[Added 7-13-2015 by Ord. No. 7-13-15]
6. 
Public notice — notification.
a. 
The Commission shall conspicuously post in the Bethel Park Municipal Building, or other conspicuous locations, an announcement of the full-time police officer testing and set forth the time and place of every 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 examination, and the deadline for filing those applications. For the position of full-time police officer at least two weeks prior to each examination, publication of the notice shall be placed in at least one newspaper of general circulation in the Municipality of Bethel Park.
b. 
The Chief of Police, or other designated person, shall give, in writing, to each applicant qualified for the next step in the examination process, a notice which shall include the date, time and place the applicant shall report for the next examination in the process. In the case of physical, psychological, and polygraph examinations, the Chief of Police shall notify the police officer candidate who has been conditionally offered a position in the Police Department by a written notice of the date, time and place of the examination as well as the name of the physical and psychological examiners.
c. 
Every such notice shall be mailed or otherwise delivered at least seven days prior to the date fixed for examination. Only applicants receiving notices to report for any examination shall be permitted to participate in such examination, and each applicant shall present his or her notice and personal identification to the examiner before he or she shall be examined. Failure to report for an examination in accordance with the instructions contained in the written notice shall disqualify the applicant, except that in the case of physical or psychological examinations, the physician and psychologist designated in the notice may fix another date or time for such examination; provided, however, that any such date or time shall be written within the period of at least seven days of the date and time established in the written notice.
7. 
Recording and filing applications.
a. 
Applicants who meet the minimum qualifications and who pass the physical agility and written examinations will be notified that they are now eligible to file an employment application with the Municipality. Applications for positions of full-time police officer shall be received at the office of the Chief of Police, or other offices or agencies designated by the Commission, only after a police officer position has been properly advertised and before the deadline for receiving applications which shall be set forth in the public advertisement. Applications will be received by the municipal official designated in the public advertisement or that official's designee. That person shall record the receipt of all applications and provide each applicant with notice of the time and place for the next portion of the testing procedure. 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.
b. 
Penalty for false statement. The statements made by the applicant in the official application shall contain no falsification, omissions or concealment of material fact. Should any investigation disclose any material misstatement, falsification or concealment with respect to an application:
[1] 
The application shall be invalid and the applicant shall be disqualified from examination;
[2] 
If the applicant shall have been examined, the name of such applicant shall be removed from the eligibility list; or
[3] 
If the applicant shall have been appointed, such material misstatement, falsification or concealment shall constitute grounds for dismissal from the Bethel Park Police Department.
[4] 
No person who has made a material false application shall be permitted in the future to be an applicant for any position in the Bethel Park Police Department.
8. 
Rejection of applicant. The Commission shall refuse to examine, or, if examined, shall 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, shall refuse to certify any applicant who is:
a. 
Found to have furnished incomplete, inaccurate, misleading or false information on the official application or in response to any portion of the hiring process;
b. 
Physically unfit for the performance of the duties of the position of which the candidate seeks employment;
c. 
Illegally using a controlled substance, as defined in Section 102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C. § 802);
d. 
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 of office;
e. 
Affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitution and laws of the United States and the Commonwealth of Pennsylvania.
9. 
Hearing for disqualified applicant.
a. 
Any applicants or other persons who claim that they are aggrieved by the actions of the Commission, in refusing to examine or to certify them as eligible after examination, may request a hearing before the Commission, within 10 days of receiving written notice of what is perceived as the alleged error. 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.C.S.A. § 101 et seq., with or without counsel, at which time the Commission shall take testimony and review its refusal to provide examination or certification.
b. 
The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. The Commission's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S.A. Ch. 7 (relating to open meetings). The decision of the Commission shall be final.
11.25.2. 
Examination and grading procedure.
1. 
General examination requirements.
a. 
The examination for full-time police officer shall consist of a physical agility test, written examination, oral examination, and background investigation which includes a polygraph examination. The written examination and the oral examination will be graded individually on a one-hundred-percent scale. The written examination will represent 70% of the final score. The oral examination will represent 30% of the final score. The physical agility test and the background investigation will be graded pass/fail.
b. 
The testing process will be as follows:
[1] 
Physical agility test: Those candidates passing the physical agility test, as outlined in Section 11.25.2(2), will qualify to take the written examination.
[2] 
Written examination: Those candidates passing the written test as outlined in Section 11.25.2(3) will qualify for the oral examination.
[3] 
Oral examination: Those candidates passing the oral examination, as outlined in Section 11.25.2(4), will then be placed on the eligibility list, after those qualifying for veteran's preference points, as outlined in Section 11.25.2(5), have been awarded those preference points.
[4] 
Background investigation: Prior to being considered for appointment on the "Certified List of Three," the applicant will undergo a complete background investigation as outlined in Section 11.25.2(6). Although a requirement, only a sufficient number of top scoring candidates necessary for consideration, as determined by the Civil Service Commission, will need to have a background investigation performed.
c. 
Thus, any individual appearing on the initial eligibility list is subject to background investigation and no one will be certified as eligible on the "Certified List of Three" until they have successfully completed a background investigation and received a written recommendation that the applicant is appropriate for consideration in accordance with Section 11.25.2(6) of these rules and regulations.
2. 
Physical agility.
a. 
An applicant for the position of full-time police officer shall meet the physical agility requirements, in accordance with the criteria established by the Commission or other agencies designated by the Commission. In all cases, candidates shall be provided with the physical agility requirements at the time of application.
b. 
Applicants who have successfully passed or failed the physical agility test will be so notified at the completion of the physical agility test or within 30 days, by the Commission.
3. 
Written examination. The written examination shall be graded on a one-hundred-point scale, and an applicant must score 75% or higher in order to continue in the application process. Applicants scoring less than 75% shall be rejected. The written test shall be a validated test administered by an experienced test administrator. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their test results and passing applicants shall be scheduled for an oral examination appointment.
4. 
Oral examination. Every applicant who has satisfied all of the written examination requirements provided in Section 11.25.2(3) and the physical agility testing process provided in Section 11.25.2(2) shall be eligible for an oral examination. The oral examination will be graded on a one-hundred-point scale with a score of 75% or higher necessary for passing. The oral examination shall involve questioning applicants on how they would handle situations relevant to police work, their previous work experiences, and questions or situations concerning ethics. Within 30 days after the applicants' oral examination, they shall be informed of the score in their oral examination and total overall score.
[Amended 7-13-2015 by Ord. No. 7-13-15]
5. 
Veterans' preference points. Pursuant to the Veterans' Preference Act,[1] any applicant for the position of police officer who qualifies as a military veteran under this act shall receive an additional 10 points on top of his/her final score if that applicant qualifies under Sections 11.25.2(1), (2), (3) and (4) of these rules and regulations. Applicants claiming veteran's preference shall have submitted satisfactory proof of service and honorable discharge therefrom with their application form.
[1]
Editor's Note: See 51 Pa.C.S.A. § 7101 et seq.
6. 
Background investigation.
a. 
The Commission shall request the Chief of Police or the Chief's designee to conduct a background investigation which includes a polygraph examination on the top scoring eligible applicants, as determined by the Civil Service Commission, prior to inclusion on the "Certified List of Three" of those eligible as set forth in Section 11.25.3(3) of these rules and regulations.
b. 
The background investigation must be consistent for each applicant and shall meet, at a minimum, all the specific requirements of the MPOETC, as required by law. The applicant may be interviewed directly when the information collected requires clarification or further explanation. The Chief of Police or Chief's designee may use his/her own discretion in the expansion or contracting of these items and time frames.
c. 
After the background investigation is completed, the Chief of Police or the Chief's designee shall make a written recommendation to the Commission on whether the applicant is appropriate for consideration for appointment as a police officer for the Municipality of Bethel Park.
d. 
The recommendation by the Chief of Police or the Chief's designee shall be based on the criteria set forth in Section 11.25.1(8) of these rules and regulations and on any other relevant information developed during the background investigation. This report to the Commission shall be in writing and in compliance with the Americans with Disabilities Act and shall not include any physical history information on a candidate. If the recommendation is to disqualify, then a detailed, written explanation of the reasons for disqualification shall be included. The Commission shall then make a final determination on whether additional information is required or if the information collected and reported warrants acceptance or rejection of the candidate.
e. 
Within 30 days after the Commission considers the recommendation based on the background investigation, each applicant shall be notified as to whether he/she has passed or failed this portion of the examination process.
11.25.3. 
Certification of the list of eligibles and appointment.
1. 
Creation of eligibility list.
a. 
At the completion of the examination requirements set forth in Sections 11.25.2(2), (3) and (4), the physical agility test, the written examination and the oral examination, the Commission shall rank all passing candidates on the eligibility list. The applicants having received the highest score shall be at the top of the list, with all other candidates being listed in descending order of their scores. Applicants, who qualify for veteran's preference points, as outlined in Section 11.25.2(5), shall have those 10 points added to their final score prior to being ranked on the eligibility list.
b. 
In the case of tied scores, the tie will be broken by giving preference to the applicant who received the highest score on the written test. In the event the qualifying applicant received identical scores, the order of listing shall be determined by the earliest application received.
c. 
Any individual appearing on the eligibility list is subject to a background investigation and no one will be certified in accordance with Section 11.25.3(3) of these rules and regulations until they have successfully completed a background investigation and received a written recommendation that the applicant is appropriate for consideration in accordance with Section 11.25.2(6) of these rules and regulations.
2. 
Duration of eligibility list. The original eligibility lists for full-time police officers will be valid for a period of one year from the date the Commission formally adopts the eligibility list. Prior to expiration of the one-year period, the Municipal Council may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the Municipal Council, at a duly authorized Municipal Council meeting. In the absence of a lawful extension by the Municipal Council, the list shall expire.
3. 
Appointment procedure.
a. 
Furloughed police officers, within three years, shall be given first consideration for re-employment, prior to any other hiring procedure and shall be reinstated in order of their seniority as outlined in Section 11.27.5, of these rules and regulations.
[1] 
Except as provided above, every initial position of full-time police officer, for employment in the Police Department, shall be filled only in the following manner: The appointing authority shall notify the Commission of any vacancy which is to be filled and shall request certification of three names from the eligibility list.
[2] 
If three names are not available, then the Commission shall certify the name(s) remaining on the list.
[3] 
The appointing authority shall make an appointment from one of the three names certified, or a lesser number certified, with reference to the merits and fitness of the candidates. However, for the initial appointment to the position full-time police officer, when one of the three applicants on the certified list is a veteran, that applicant shall be selected. If two or more of the names on each of the certified lists of three are veterans, the appointing authority shall have the discretion to appoint the veteran it deems most qualified.
b. 
The appointing authority may object to one or more of the persons certified for the reasons set forth in Section 11.25.1(8) of these rules and regulations. If the candidate to whom the appointing authority objects or fails to timely exercise the rights of appeal under 11.25.1(9), or if the Commission declines to uphold the appeal, the Commission shall strike that name from the eligibility list and certify the next highest name for inclusion on the certified list of three candidates for each name stricken off the "Certified List of Three."
4. 
Physical and psychological medical examinations.
a. 
After the Municipal Council selects a candidate from the Certified List of Three for appointment to the vacant position, that candidate shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position. Physical medical examinations shall be under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be under the direction of a psychiatrist or psychologist.
b. 
The physician or other qualified medical professional and the psychiatrist or psychologist shall be appointed by Municipality and shall render an opinion as to whether the conditional appointee has physical or mental condition which calls into question the person's ability to perform all of the essential functions of the position for which the person was conditionally appointed.
c. 
The physical and psychological exams will be conducted in compliance with the MPOETC regulations. The completion of the required MPOETC physical and psychological forms will be provided by the Municipality. Drug testing shall be included as one component of the requirements. In addition, the respective examiners will be given a copy of the job description and the "Essential Functions of the Job"[2] for performing the duties of police officer. The completed forms will be certified by the examining physician(s) indicating that the candidate is physically or psychologically fit, as the case may be, to perform the duties of a police officer. The completed forms shall be confidential and submitted to the appropriate Municipal official for disposition.
[2]
Editor's Note: See Appendix I-A, which is included as an attachment to this chapter.
d. 
If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, a person designated by Municipal Council shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.
e. 
If, at the conclusion of the interactive discussion, the Municipal Council determines that the conditional appointee is not qualified, the Municipal Council shall give written notice to the conditional appointee and the Commission.
f. 
The rejected candidate may appeal this decision under Section 11.25.1(9) of these rules and regulations. If the candidate fails to timely exercise the rights of appeal, or if the Commission declines to uphold the appeal, the Commission shall strike the name from the eligibility list and certify the next highest name for inclusion on the "Certified List of Three."
5. 
Probationary period.
a. 
At or any time before the close of the probationary period of one year commencing on the employment date, Council may terminate the probationer's employment for any reason. The probationer shall be notified in writing that he will not receive a permanent appointment. Notice as required in this section shall be deemed effective as of: a) the date of hand delivery of the notice to the probationer or to an adult person at probationer's place of residence; or b) the date of deposit of notice in the United States mail. A copy of such notification shall be supplied to the Secretary of the Commission. Thereupon, the probationer's appointment shall cease; otherwise, his retention shall be equivalent to a permanent appointment.
b. 
If the police officer is not in compliance with the residence requirement at the time he attains a permanent appointment, he has six months from that date to come into compliance. Failure to comply with the residence requirements shall result in automatic termination which is not subject to appeal.
11.26.1. 
Application and qualification.
1. 
Eligibility for examinations.
a. 
No candidate will be considered who has a five-or-more-day suspension in the past three years prior to the deadline for submitting applications.
[Amended 7-13-2015 by Ord. No. 7-13-15]
b. 
When no appeal of a suspension is pending, the three-year period shall end on the date of public advertisement of the examination.
c. 
At the time of the application, all applicants for the following promotional (ranking positions) shall have had continuous prior service as a full-time police officer, as noted, with the Bethel Park Police Department. This service shall begin with the employee's original employment date and end with the date of public advertisement of the examination.
[Amended 7-13-2015 by Ord. No. 7-13-15]
[1] 
An applicant for the position of Sergeant shall, at a minimum, have not less than five years of continuous prior service with the Bethel Park Police Department.
[2] 
In addition to meeting the service requirements set forth in Section 11.26.1(1)(c)[1], an applicant for the position of Sergeant or any other promotional position must possess an associate's degree or higher degree from an accredited college or university.
2. 
Discrimination. The Municipality of Bethel Park is an equal opportunity employer. It is the Municipal Council's and the Commission's policy to grant equal employment opportunities to qualified persons without regard to race, religion, color, national origin, gender, age, veteran's status, marital status, or non-job-related physical or mental handicap or disability.
3. 
Notification.
a. 
For promotions, at least two weeks prior to the close of the application period, publication of the announcement outlining the qualifications for the position, and requesting application forms and/or letters of intent, to apply for the position, shall be conspicuously posted in the Police Department. At the discretion of the Civil Service Commission, the Commission may receive documentation from the Municipality of those eligible for a promotional exam and may notify them, in writing, of the announcement and the deadline for filing applications. It is important that all applicants that meet the qualifications for promotion be notified by the Chief of Police or other individuals designated by the Commission.
b. 
The Chief of Police, or other designated person, shall give, in writing, to each applicant qualified for the next step in the examination process, a notice which shall include the date, time and place the applicant shall report for the next examination in the process.
c. 
Every such notice shall be mailed or otherwise delivered at least 30 days prior to the date fixed for examination. Only applicants receiving notices to report for any examination shall be permitted to participate in such examination, and each applicant shall present his or her notice to the examiner before he or she shall be examined. Failure to report for an examination in accordance with the instructions contained in the written notice may disqualify the applicant.
[Amended 7-13-2015 by Ord. No. 7-13-15]
d. 
The Chairman of the Civil Service Commission will determine, based on exceptional circumstances, whether or not an individual is permitted to take a promotional examination on a date other than that originally designated.
4. 
Rejection of applicant for promotion. 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:
a. 
Found to have furnished incomplete, inaccurate, misleading or false information on the official application or in response to any portion of the hiring process;
b. 
Physically unfit for the performance of the duties of the position of which the candidate seeks employment;
c. 
Illegally using a controlled substance, as defined in Section 102 of the Controlled Substance Act (Public Law 91-513, 12 U.S.C. § 802);
d. 
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 of office;
e. 
Affiliated with any group whose policies or activities are subversive to the forms of government set forth in the constitution and laws of the United States and the Commonwealth of Pennsylvania.
5. 
Hearing for disqualified applicants.
a. 
Any applicants or other persons who claim that they are aggrieved by the actions of the Commission, in refusing to examine or to certify them as eligible after examination, may request a hearing before the Commission, within 10 days of receiving written notice of what is perceived as the disqualifying item. 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.C.S.A. § 101 et seq., with or without counsel, at which time the Commission shall take testimony and review its refusal to provide examination or certification.
b. 
The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session. The Commission's disposition of the matter shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S.A. Ch. 7 (relating to open meetings). The decision of the Commission shall be final.
11.26.2. 
Examination and grading procedure.
1. 
General examination requirements. The examination for the promotional position of Sergeant shall include a written examination and an oral examination, which will be graded on a one-hundred-point scale with the written examination representing 60% of the final score, the oral examination representing 40% of the final score.
2. 
Written examination. The written examination for a promotional position shall be graded on a one-hundred-point scale. An applicant must score at least 75% to be eligible for the oral exam and continue in the promotional process. Applicants who score less than 75% shall be disqualified. Within 30 days after the administration of the written examination, all applicants shall be given written notice of their examination results.
3. 
Oral examination.
a. 
Every applicant for a promotional position, who has satisfied all of the written examination requirements provided in Section 11.26.2(2) above, shall be given an oral examination. An applicant must score at least 75% to qualify and continue in the application process. Any applicant who scores less than 75% will be disqualified. The oral examination shall involve questioning applicants on police-oriented issues, including how they would handle situations relevant to police work. Within 30 days after the administration of the oral they shall be informed of the score in their oral examination and total overall score.
b. 
Except for the position of Chief of Police or Lieutenant or other command level positions of Bethel Park, the oral examination of any applicant for a promotional position, including the position of Sergeant, shall be conducted by a panel of three active police chiefs from the Commonwealth of Pennsylvania, or similar Pennsylvania state or federal law enforcement qualified individuals selected and approved by the Commission. One of the three positions on the oral examination panel shall be reserved for the Chief of Police of the Municipality of Bethel Park. Notice of the appointment of the oral examination panel shall be made a matter of record in the minutes of the Commission. A member of the Commission may be present for the oral examination.
[Amended 7-13-2015 by Ord. No. 7-13-15]
c. 
The Chief of Police is authorized to schedule oral exams with candidates who passed the physical agility and written tests and meet the age and general qualification eligibility requirements upon receipt of an administratively complete application. The oral exam will be conducted by the Chief of Police and two other sworn police professionals with a rank higher than officer, not employed by the Municipality of Bethel Park, and selected by the Chief of Police. The Commissioners may observe the oral interview process, if available, at their own discretion and receive the scores upon completion of the interviews. The Chief of Police and two other sworn police professionals shall provide the Commissioners the scores of the oral exam.
[Added 7-9-2018 by Ord. No. 7-9-18]
11.26.3. 
Certification of the list of eligibles and appointment.
1. 
Creation of eligibility list.
a. 
At the completion of the examination requirements set forth in Sections 11.26.2(1), (2) and (3), 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.
b. 
In the case of tied scores, the tie will be broken by giving preference to the applicant who received the highest score on the written test. In the event the qualifying applicant received identical scores, the order of listing shall be determined by the earliest application received.
2. 
Duration of eligibility list. Municipal Council shall notify the Commission of a vacancy in the police force to be filled by promotion and shall request the certification of eligibility list. The Commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding promotional examination held within a period of one year preceding the date of the request for the eligibility list. Prior to expiration of the one-year period, the Municipal Council may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the Municipal Council, at the duly authorized Municipal Council meeting. In the absence of a lawful extension by the Municipal Council, the list shall expire.
[Amended 8-9-2021 by Ord. No. 8-9-21B]
3. 
Appointment procedure.
a. 
The ranking promotional positions, except the Chief of Police or Lieutenant, shall be filled only in the following manner:
[1] 
The appointing authority of the Municipality shall notify the Commission of any vacancy which is to be filled and shall request the certification of three names from the eligibility list;
[2] 
If three names are not available, then the Commission shall certify the name(s) remaining on the list;
[3] 
The Municipal Council shall make an appointment from one of the three names certified with sole reference to the merits and fitness of the candidates.
b. 
The Municipal Council may object to one or more of the persons certified for the reasons set forth in Section 11.25.1(8) of these rules and regulations. If the candidate to whom the Municipal Council objects fails to timely exercise the rights of appeal under Section 11.25.1(9), or if the Commission declines to uphold the 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.
4. 
Probationary period.
a. 
Every successful applicant for a promotional position within the Police Department shall serve a twelve-month probationary period. The probationary period will begin on the first day of the promotion to the respective ranking position.
b. 
A full-time police officer promoted to a ranking position, during probation, may be returned to the position from which they were promoted, for cause for the reasons set forth in Section 11.25.1(8) of these rules and regulations.
c. 
The Chief of Police shall submit to Municipal Counsel, the Municipal Manager and the Commission quarterly correspondence indicating satisfactory performance review of the recently promoted Sergeant during the probationary period.
d. 
In addition, a probationary promoted police officer may be returned to his/her previous position, if the probationary police officer does not meet the requirement expectations of the position and documentation is accurately noted.
e. 
The Chief of Police shall submit a final probationary report, not less than 10 days or more than 15 calendar days before the next regular meeting of the Municipal Council immediately preceding the end of the probationary period. Each report shall be submitted in writing to Municipal Council. Within five calendar days after receiving a probationary report from the Chief of Police, if the conduct of the probationer has not been satisfactory to the Municipal Council, the probationer shall be notified in writing by the Municipal Council that the appointment will not be permanent and the promoted probationary police officer will be returned to the previous position held, for the Municipality.
f. 
Any probationer who is notified in writing by the Municipal Council, prior to completion of the twelve-month probation period, that his/her appointment will not be made permanent has no rights of appeal under these rules and regulations.
g. 
The Chief of Police shall notify the Commission, in writing, of its decision to retain or remove the probationer of such decision within five calendar days and in no event beyond the last day of the probationary period.
h. 
At the end of the twelve-month probationary period, if the probationer is not notified in accordance with this section, a promoted ranking police officer shall receive permanent status in his/her respective promotional position.
11.26.4. 
Chief of Police/Lieutenant.
1. 
Appointment of Chief of Police/Lieutenant/Command positions. In the case of a vacancy in the Office of Chief of Police or Lieutenant or other command positions, the Municipal Council has sole discretion in selecting the individual to fill the position of Chief of Police or Lieutenant or other command positions. The appointed Police Chief or Lieutenant or other command position will be an "at will" Police Chief or Lieutenant or other command position and may be terminated at any time with or without cause. In the case of Lieutenant, if the person appointed was promoted from the Bethel Park Police Department, that person shall be returned to his/her previous rank within the Police Department unless the person is terminated pursuant to Section 11.27, Subsection 11.27.1.
[Amended 7-13-2015 by Ord. No. 7-13-15]
11.27.1. 
Grounds for disciplinary action.
1. 
No person appointed to a position in the Police Department, pursuant to these rules and regulations, shall be suspended without pay, reduced in rank or terminated 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. 
Conviction of any law of this commonwealth which provides that such violation constitutes a misdemeanor or felony; for purposes of this provision, conviction shall also include nolle contendre, accelerated rehabilitative disposition or probation without verdict;
d. 
Inefficiency, neglect, intemperance, disobedience of orders or conduct unbecoming an officer;
e. 
Intoxication while on duty;
f. 
Engaging or participating in conducting of any political or election campaign while on duty or in uniform or while using Municipal property otherwise than to exercise the person's own right of suffrage;
g. 
Violation of rules, regulations or procedures of the Bethel Park Policy and Procedure Manual;
h. 
No officer shall be removed for religious, racial or political reasons; or
i. 
Any documented behavior or action that is inconsistent with the high personal and professional standards associated with being a member of the Bethel Park Police Department, and a law enforcement officer of the Commonwealth of Pennsylvania, regardless of being on-duty time or during off-duty time.
2. 
A statement of any charges made against any officer so employed shall be furnished to the officer within five days after the same are filed with the Commission.
11.27.2. 
Notice of suspension, removal or reduction in rank.
1. 
Whenever a police officer is suspended, removed or reduced in rank, 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 and to allow the officer an opportunity to respond to those charges. The charges shall specify the subsection of Section 11.27.1 which provides the basis for the disciplinary action as well as an explanation of the factual circumstances upon which the appointing authority relied in finding a violation of Section 11.27.1.
2. 
Within five days after the decision to impose the disciplinary action, a written statement of the charges shall be delivered to the officer either by personal service or by certified registered mail. In addition, the charges shall notify the officer of the right to appeal under Section 11.27.3 of these rules and regulations. A copy of the statement of charges shall also be served upon the members of the Civil Service Commission within the same allotted time.
11.27.3. 
Hearings on suspension, removals and reductions in rank. Any police officer, who has been suspended, reduced in rank, or terminated, may appeal the decision by requesting a hearing with the Civil Service Commission. In the event an officer aggrieved by such a decision is entitled by a collective bargaining agreement to pursue a grievance on the matter, the officer must elect to pursue the matter either under the processes in place under the collective bargaining agreement or under these rules and regulations. Once an election of remedies is made, the alternate procedure is waived. When chosen, the civil service hearing process is as follows:
1. 
The hearing request must be received in writing by the Chairman of the Commission at 5100 W. Library Avenue, Bethel Park, PA 15102. The officer may make written answers to any charges filed 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. 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 Municipal Council or the officer. Notwithstanding this provision, the failure of the Commission to hold a hearing within 10 days from the filing of the charges in writing shall not result in the dismissal of the charges filed.
2. 
At any hearing, the officer against whom the charges have been made may be present and represented by counsel, may call witnesses and present testimony and documentation in defense. The Municipality may also be represented by counsel, call witnesses and present evidence as is necessary to support the charges. A 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 board'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 posthearing briefs, and shall issue a written decision containing specific findings of fact and conclusions of law within 60 days of receipt of the hearing transcript.
4. 
In the event that the Commission fails to uphold the charges, then the officer shall be reinstated with full pay for the period of the suspension, removal or reduction in rank. No charges related to the suspension, removal or reduction in rank shall be officially recorded in the officer's official personnel records, nor may any of these charges be held against the officer for future or promotional opportunities.
11.27.4. 
Hearing procedure.
1. 
All testimony shall be given under oath administered by the Chairperson, or in the absence of the Chairperson, the Vice Chairperson. The Commission shall have the power to issue subpoenas as set forth in Section 11.24.13 of these rules and regulations.
2. 
Unless Municipal Council or the person sought to be suspended, reduced in rank or terminated, requests that the proceedings before the Commission be open to the public, the proceedings before the Commission pursuant to this section shall be held in the nature of a closed executive session that shall not be open to the public. Any such request shall be presented to the Commission before the civil service hearing commences. The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the Municipal Council or to the person sought to be suspended, removed or reduced in rank. The Commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
3. 
All parties concerned shall have an immediate right of appeal to the Court of Common Pleas of Allegheny County, and the case shall be determined as the court deems proper. The appeal with the Court of Common Pleas shall be taken within 30 days from the date of entry by the Commission of its final order and shall be by petition. Upon the appeal being taken and docketed, the Court of Common Pleas shall fix a day for the hearing and shall proceed to hear the appeal on the original record and additional proof of testimony as the parties concerned may desire to offer evidence.
4. 
The Chief of Police may suspend a police officer in the Police Department for a period not to exceed 30 days. The Chief of Police may recommend to Municipal Council suspensions of police officers for periods in excess of 30 days and may also recommend reduction in rank or removal.
11.27.5. 
Furloughs. If for reasons of economy or other reasons it shall be deemed necessary by the Municipality to reduce the number of paid officers, the following procedure shall be followed:
1. 
The Municipality shall first furlough the person or persons, including probationers, last appointed to the respective force. Such removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until such reduction shall have been accomplished. Any such furlough shall expire in three years.
2. 
In the event that the Municipal Council decides to increase the size of the Police Department officer personnel, the furloughed police officers shall be reinstated in order of their seniority in the Police Department. Employees so notified of reinstatement must accept reinstatement within 30 days of receipt of such notice, otherwise such employee shall be deemed to have waived any right to reinstatement.
3. 
These reductions in force provisions are not applicable to the Chief of Police.