[Ord. 208, 7/8/1985]
A Police Department is hereby established in and for the Borough
of Middleburg, Snyder County, Pennsylvania. The Chief of Police shall
be the chief executive of the Police Department. He shall be under
the direction of the Mayor, be in charge of the police force and shall
have supervision of its members in the exercise of his powers, duties
and authorities.
[Ord. 208, 7/8/1985]
Subordinate to the Chief of Police in the Police Department
the following classifications are hereby established: Lieutenant,
Sergeant and patrolman and such other classifications as the Borough
Council, from time to time, may establish. The priority of authority
among such subordinate classifications shall be in the order as above
listed. The number of persons who shall serve in each of such subordinate
classifications, either full-time or part-time, and the compensation
of each shall be determined by the Borough Council from time to time.
[Ord. 208, 7/8/1985]
Nothing herein contained shall affect the authority of the Mayor
to appoint special policemen during emergencies.
[Ord. 208, 7/8/1985]
No person shall be eligible for appointment as a police officer
unless he is at least 18 years of age at the date of his appointment.
He is not required to be a resident of the Borough.
[Ord. 208, 7/8/1985]
All original appointments to any position in the police force
shall be for a probationary period of not less than six months and
not more than one year. If at the close of a probationary period the
Borough Council is not satisfied with the conduct or fitness of the
probationer, he shall be notified in writing that he will not receive
a permanent appointment and thereupon his appointment shall terminate.
[Ord. 208, 7/8/1985]
Promotions shall be based on merit, which shall be ascertained
by examinations prescribed by the Borough Council. All questions contained
in promotion examinations shall be practical in nature and such as
will fairly test the merit and fitness of persons seeking promotion.
[Ord. 208, 7/8/1985]
All applicants for examination shall undergo a physical examination
which shall be conducted under the supervision of a physician appointed
by the Borough Council. No person shall be eligible for promotion
until such physician certifies that the applicant is free from any
bodily or mental defect, deformity or disease that might incapacitate
him for the discharge of the duties of the position desired.
[Ord. 208, 7/8/1985]
The Borough Council may suspend, remove or reduce in rank any
officer for any of the following reasons:
A. Physical or mental disability affecting his ability to continue in
service. In such case, the person so affected shall receive an honorable
discharge.
B. Neglect or violation of any official duties.
C. Violation of any law which constitutes a misdemeanor, felony or murder.
D. Inefficiency, neglect, intemperance, immorality, disobedience of
orders or conduct unbecoming an officer.
E. The use of alcohol while on duty.
F. Engaging or participating in the conduct of any political or election
campaign otherwise than to exercise his own right of suffrage.
[Ord. 208, 7/8/1985]
A written statement of charges made against any person shall
be furnished to such person not less than five days before consideration
by the Borough Council. Any person charged with misconduct shall have
the right to a formal hearing before the Borough Council, the demand
for which shall be made to the Council in writing. Such person may
make written answers to any charges filed against him no later than
the day fixed for the hearing. The Borough Council shall grant him
a hearing, which hearing shall be held not more than 10 days from
the filing of charges unless continued by the Borough Council for
cause at the request of the Council or the accused. At any such hearing,
the person charge may be present in person and may be represented
by counsel. The Borough Council may suspend any such person without
pay pending the determination of the charges against him. Should the
Borough Council find that the charges made are without foundation,
the person so suspended shall be reinstated with full pay for the
suspension period and no charges shall be entered against his record.
A stenographic record of all testimony taken at such hearing shall
be sealed and shall not be made available for public inspection in
the event the charges are dismissed. All parties concerned shall have
an immediate right of appeal to the Court of Common Pleas of Snyder
County.