[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 3-19-1979 by Ord. No. 505 (Ch. 1, Part 2D, of the
1987 Code of Ordinances). Amendments noted where applicable.]
[Amended 10-5-1987 by Ord. No. 568]
There is operated within the Borough of Collingdale an organization
known as "the Police Department of the Borough of Collingdale."
[Amended 10-5-1987 by Ord. No. 568]
The Borough Council of the Borough of Collingdale may appoint
the following positions, at its sole discretion:
The positions of Probationary Patrolman and Patrolman I shall
each be for a one-year period, with Probationary Patrolman constituting
the first entry-level position in the Police Department and the position
of Patrolman I the second. Each such period must be successfully completed
by each candidate prior to receiving the rank of patrolman, and each
such individual shall be reviewed by the Borough Council at the conclusion
of each yearly period as a Patrolman I or Probationary Patrolman so
as to determine his or her performance as a police officer.
The Chief of Police shall have supervision over all officers
and members thereof. The Sergeant of Police shall be the next highest
ranking officer and shall act as the Chief of Police when the Chief
of Police is unable to do so, and each member of the police force
shall obey his orders and directions as they would that of the Chief
of Police.
The Mayor of the Borough of Collingdale or the Chief of Police
when the Mayor so approves may make or prescribe such rules and regulations
as deemed desirable or necessary for the operation of the Police Department.
The compensation of the Chief of Police, Sergeant and Patrolman
shall be such as provided by the Borough Council by appropriate resolutions
and/or ordinances.
[Amended 10-5-1987 by Ord. No. 568]
The compensation of Patrolman I and Probationary Patrolman shall
be as follows, except as may be modified by the Borough Council by
appropriate ordinances and/or resolutions:
A.
Probationary patrolmen shall receive compensation at the rate of
50% of the patrolman's annual salary and, in addition, shall receive
all other benefits provided to patrolmen, except that the Borough
shall pay no more than 50% of the costs of any medical benefits afforded
patrolmen (i.e., Blue Cross, Blue Shield, major medical, vision and
prescription benefits).
B.
Patrolmen I shall receive compensation at the rate of 75% of the
patrolman's annual salary and, in addition, shall receive all other
benefits provided to patrolmen, except that the Borough shall pay
no more than 75% of the costs of any medical benefits afforded patrolmen
(i.e., Blue Cross, Blue Shield, major medical, vision, prescriptions).
The statutes and provisions of the Commonwealth of Pennsylvania,
including, but not limited to, the Borough Code of the Commonwealth
of Pennsylvania, shall in all respects govern the operation of the
Police Department, including, but not limited to, promotion, suspension,
demotion and dismissal of members of the Police Department.
[Added 10-5-1987 by Ord. No. 568]
Any individual who routinely performs the function of a patrolman
less than 40 hours per week shall be deemed to be a part-time patrolman
and shall be paid such compensation as the Borough Council shall determine
from time to time.
[Added 10-5-1987 by Ord. No. 568]
The management of the Collingdale Police Department and the
rights and responsibilities and duties associated therewith shall
vest exclusively in the Borough Council and/or the Borough Mayor as
provided by the Borough Code[1] for the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Added 10-5-1987 by Ord. No. 568; amended 8-4-1997 by Ord. No.
612]
The Borough of Collingdale Police Civil Service Commission recommends
the adoption of the following Civil Service Commission Rules and Regulations.
These proposed rules and regulations are based upon the determination
by the Police Civil Service Commission that police officers in the
Borough of Collingdale must possess certain minimum qualifications
to meet the needs of the law enforcement services to the residents
of the Borough of Collingdale. The failure to meet the standards would
render the police officer less effective in functioning in the capacity
of a police officer in the Borough of Collingdale. These standards,
relating to the ability of the applicant to function as a police officer,
are based upon the requirements of the applicant as a police officer
to properly serve the residents of the Borough of Collingdale. These
minimum requirements are necessary for the effective functioning in
the capacity of police officer in our community. These levels of education,
training, experience and background relate to the ability of officers
to properly function as police officers in the Borough of Collingdale.
A.
APPLICANT
BOROUGH COUNCIL or COUNCIL
BOROUGH SECRETARY OR MANAGER
CANDIDATE
CERTIFICATION
CHAIRMAN
COMMISSION
ELIGIBLE
ELIGIBLE LIST
FURLOUGH LIST
PROBATIONER
REDUCTION IN RANK
REMOVAL
SECRETARY
SUSPENSION
Definitions. Unless otherwise expressly stated, the following words
and phrases, wherever used in this article, shall be construed to
have the meanings indicated herein:
Any individual who is applying for a position on the Borough
of Collingdale Police Department by the rules outlined in this article.
The Council of the Borough of Collingdale.
The Secretary or Manager of the Borough of Collingdale.
Any individual who is a member of the Borough of Collingdale
Police Department and is seeking promotion in accordance with the
rules and regulations in this article.
The submission to the appointing authority of names taken
from the eligible list.
The Chairman of the Civil Service Commission of the Borough
of Collingdale.
The Civil Service Commission of the Borough of Collingdale.
A person whose name is recorded on a current eligible list
or furlough list.
The lists of names of persons who passed all examinations
for a particular position in the Police Department.
A list of persons who are laid off from positions in the
Police Department because of a reduction in the number of officers
in the Police Department.
An officer in the Police Department who has been appointed
from any eligible list, but who has not completed his work test period.
A change to a different position or rank which results in
a decrease in salary; provided, however, that a decrease in salary
without a change to a different position or rank shall not constitute
a reduction in rank.
The permanent separation of a police officer from the Police
Department.
The Secretary of the Civil Service Commission of the Borough
of Collingdale.
The temporary separation of a member of the Police Department
from his position.
B.
Gender. The words "he," "his," "him" and "men," when used in this
article, represent both the masculine and feminine genders.
A.
The Commission shall consist of three Commissioners, who shall be
qualified electors of the Borough and shall be appointed by the Borough
Council initially to serve for the terms of two and four years, and
as terms thereafter expire shall be appointed for terms of four years.
Any vacancy occurring in the Commission for any reason whatsoever
shall be filled by the Borough Council for the unexpired term within
the period of 30 days after such vacancy occurs. Each member of the
Commission, before entering upon the discharge of the duties of his
or her office, shall take an oath or affirmation to support the Constitution
of the United States and of the Commonwealth of Pennsylvania and to
perform his or her official duties with fidelity. No Civil Service
Commissioner shall receive compensation.
B.
Officers. The Civil Service Commission of the Borough of Collingdale,
on the first Monday of each even-numbered year, shall elect one of
its members as the Chairman, one as Vice Chairman, and one as Secretary.
If the first Monday is a legal holiday, the meeting shall be held
the first day following. In the event that a vacancy occurs on the
Commission, interim elections will be held within 45 days of the effective
date of the vacancy.
C.
Duties of the Chairman. The Chairman or, in his absence, the Vice
Chairman shall preside at all meetings and hearings of the Commission,
decide all points of order or procedure, and perform any duties required
by law or this article.
D.
Duties of the Secretary. The Secretary shall carry on, at the direction
of the Commission, all official correspondence of the Commission;
send out all notices required by law and these rules of procedure;
keep a record of each examination or other official actions of the
Commission and perform all other duties required by law, by this article,
and by the Commission.
E.
Meetings. Except for the biennial organization meeting, all meetings
shall be held either at the call of the Chairman or at the call of
two members of the Commission. At least 48 hours' written notice of
each meeting may be waived in certain situations or emergencies with
the concurrence of all members of the Commission. The Commission shall
have the discretion to determine whether meetings shall be open to
the public.
F.
Quorum. A quorum shall consist of two members, and all actions of
the Commission shall have the concurrence of at least two members.
H.
Minutes. The Secretary shall keep minutes of the Commission's proceedings
showing the vote of each member upon each question, or if a member
is absent or fails to vote, indicating such fact.
I.
Rules and regulations. The Commission and the Borough shall have
the power to prescribe, enforce and amend rules and regulations governing
the conduct of the Commission's activities. Such rules and regulations
must be financially approved by the governing body at public hearing
and may not be amended without approval of the governing body at a
public hearing.
J.
Clerk and supplies. The Borough shall furnish the Commission with
such supplies and clerical assistance as may be necessary for the
Commission to fulfill its duties. In addition, the Commission may,
if required, have the assistance of the Borough Solicitor and any
other consultants or experts, including physicians and psychiatrists,
as are necessary. The elected and appointed officials of the Borough
shall assist the Commission with all reasonable and appropriate efforts,
including compensation for any experts retained by the Commission.
K.
Investigation. 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.
L.
Subpoenas.
(1)
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 witness for attendance and travel shall
be the same as for witnesses appearing in the courts and shall be
paid from appropriations for the incidental expenses of the Commission.
(2)
All officers in public service and employees of the Borough shall
attend and testify when required to do so by the Commission.
(3)
If any person shall refuse or neglect to obey any subpoena issued
by the Commission, upon conviction of such refusal or neglect in a
summary proceeding, that person shall be sentenced to pay a fine not
to exceed $100 and, in default of the payment of such fine and cost,
shall be imprisoned not to exceed 30 days.
(4)
If any person shall refuse or neglect to obey any subpoena, the Commission
may apply by petition to the Court of Common Pleas of Delaware County
for its subpoena requiring the attendance of such persons before the
Commission or the court to testify and to produce any records and
papers necessary and, in default thereof, shall be held in contempt
of court.
A.
Application form. No person shall be admitted to an examination for
a position in the Police Department of the Borough of Collingdale
until he shall have filed, on the official form prescribed by the
Civil Service Commission, a sworn application giving such information
as the Commission may require. The official application form and all
notations, references and statements appearing therein are incorporated
by reference in this article and shall be as much a part of this article
as if they were fully described herein.
B.
Application fee. Each applicant shall advance and pay an application
fee of $30; said cost may from time to time be adjusted by resolution
of Borough Council to reflect the Commission's and Borough's costs.
C.
Availability. Application forms shall be available to all interested
persons in the offices of the Borough Secretary-Manager, Police Department
or at a place otherwise designated by the Commission.
D.
Age qualifications. Any applicant for any position in the Police
Department must be more than 18 years of age. Each applicant shall
present satisfactory evidence of his date of birth.
E.
General qualifications for applicants.
(1)
Each applicant for a position in the Police Department shall be a
citizen of the United States.
(2)
Each applicant shall be medically fit for the performance of the
duties of a police officer, as set forth in the medical requirements
established by the Commission, be of good moral character and licensed
to operate a motor vehicle in the Commonwealth of Pennsylvania. In
the case of a foreign-born applicant, evidence satisfactory to the
Commission shall be produced showing the person to be a naturalized
citizen.
(3)
The applicant shall have demonstrated, by education, experience,
background or training:
(a)
A commitment to a full-time career in law enforcement; and
(b)
A dedication to the protection of the community through service
as a police officer; and
(c)
That said commitment and dedication are likely to motivate and
inspire the candidate, if selected, to pursue continuing education
programs in law enforcement and self-improvement in the applicant's
performance of the requirements of the applicant's duties; and
(d)
That said commitment to achieve, will lead to promotions and
advancements and to provide leadership to other members of the Police
Department to perform and achieve according to the highest standards
of law enforcement duties and service; and
(e)
That the applicant will continue the traditions of excellence
and outstanding reputation in the community which the Borough of Collingdale
Police Department enjoys.
(4)
The minimum requirements for application to the position of patrolman
in the Collingdale Police Department are hereby established to be
all of the following:
(a)
A diploma evidencing graduation from an accredited high school
or possession of a GED or acceptable equivalency high school degree.
(b)
Having served within the last two years for a minimum of 12
consecutive months as a part-time officer in the Borough of Collingdale.
(c)
Certification under the Act commonly referred to as "Act 120,"
as amended (53 P.S. § 740, Act 120, June 18, 1974[1]); basic training program as approved by the Municipal
Police Officers Education and Training Commission.
[1]
Editor's Note: Act 120, the Municipal Police Officers Education
and Training Law, 53 P.S. § 740 et seq., was repealed by Act
177, 12-19-1996. See now 53 Pa.C.S.A. §§ 2161 to 2164.
(d)
Become a resident of the Borough within six months of appointment
to the position.
(5)
The Collingdale Police Civil Service Commission shall prepare an
appropriate applicant's questionnaire for the purpose of determining
whether the applicant meets the minimum requirements set forth above.
(a)
Each candidate is required to complete the applicant's questionnaire
and to provide all information required by said application, as requested
by the Collingdale Police Civil Service Commission.
(b)
The Collingdale Police Civil Service Commission may hold hearings
on the qualifications of the applicant, in the sole discretion of
the Collingdale Police Civil Service Commission, to determine whether
said applicant meets the requirements of the Civil Service Commission.
(c)
The determination of the Collingdale Police Civil Service Commission
as to whether the applicant meets the above minimum requirements to
qualify as an applicant for the position of patrolman on the Collingdale
Police Department shall be final, binding and not appealable.
F.
General qualifications for candidates for Detective Corporal and
Sergeant.
(1)
Candidates for the position of Corporal or Sergeant shall:
(b)
Be declared medically fit by passing an appropriate medical
examination.
(d)
Have satisfactorily completed a basic training program at a
recognized police academy. This provision shall not apply to those
men employed prior to the effective date of Act 120.
(e)
Have demonstrated an ability to carry out orders from superiors.
(f)
Demonstrate a working knowledge of police science and administration
as ascertained by an appropriate promotional examination.
(g)
All promotions in rank shall be for an initial probationary
period of six months. At any time during the probationary period,
the Chief of Police may request, through proper channels, a reduction
to the rank which was held prior to the promotion.
(h)
Permanent promotion, under the civil service regulations, can
be obtained only by certification from the Civil Service Commission
through its testing procedures and completion of the probationary
period.
(i)
Demonstrate an ability to supervise the work of subordinates.
(j)
Have achieved at least an average rating of "satisfactory" on
all his service ratings. Until such time as service ratings become
available, the Commission may use an evaluation of experience, training,
general background and other such records of performance of the candidate
as recommended by the Chief of Police.
(k)
Have passed a medical exam taken expressly for this promotion, except where said medical examination is waived pursuant to § 71-17B(1)(d).
(2)
The ranks of Corporal and Sergeant are by no means definitive or
required. Our Department should base its command structure on the
size of the Department and the needs and requirements of our community,
as recommended by the Police Chief and Mayor and set by the Borough
Council.
G.
Investigating of applicant. An investigation of the character and
reputation of the applicant shall be made by the Civil Service Commission
or its designee and/or the Police Department or its designee and may
include credit reports, criminal history, employment records and reports,
background and employment investigations, and reports of investigations
from recognized agencies.
H.
Filing applications. Applications for any position in the Police
Department may be received at any time during normal business hours
in the office of the Borough Secretary-Manager and by such other offices
and officers as the Commission may designate. The receipt of such
applications shall be subject to the following conditions:
I.
Recording applications. The office of the Borough Secretary-Manager
or other designated offices or officers shall review each application,
upon receipt, for the purpose of determining that such application
contains no minor errors or omissions. Any application containing
minor errors or omissions shall be returned to the applicant for correction.
The Borough Secretary-Manager shall date, number and record, in the
order or receipt, all applications free from minor errors and omissions.
An application, once recorded, shall be public record and shall not
be returned to the applicant.
J.
Disqualification or rejection of applicant.
(1)
The Commission shall not examine any applicant who lacks any of the
prescribed qualifications unless, in the judgment of the Commission,
it can reasonably be presumed that the applicant shall have acquired
the necessary qualifications prior to the date of a possible certification
from the list of eligibles produced as the result of the examination.
(2)
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 this article 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.
K.
Penalty for false statement.
(1)
The statement made by the applicant in the official application shall
contain no falsification or concealment with respect to any application:
(a)
The application shall be invalid and the applicant shall be
disqualified from examination; or
(b)
If the applicant shall have been examined, the name of each
applicant shall be removed from the eligible list; or
(c)
If the applicant shall have been appointed, each such willful
misstatement, falsification or concealment shall constitute grounds
for dismissal from the Police Department.
(2)
No person who shall make any willful false application shall be permitted
to make any future application for any position in the Police Department
of the Borough of Collingdale.
L.
Appointment of Chief of Police.
[Amended 9-5-2023 by Res. No. 2023-02]
(1)
In
the case of vacancy in the office of Chief of Police, Borough Council
has the full discretion to select the individual to fill the position
of the Chief of Police. Any candidate for Chief of Police must have
at least eight years of service with the Collingdale Police Department
and meet any residency requirements set forth in the rules and regulations.
(2)
If the Borough Council requests the Commission to subject the person to a noncompetitive examination, and if the person successfully passes the noncompetitive examination, then the Commission shall notify the Borough Council of the results of the examination. The appointed candidate may be removed from the position of Chief of Police only as set forth in § 71-20.
A.
Notice of examinations.
(1)
In addition to the public notice, the Commission or its designee
shall give written notice to each qualified applicant as follows:
(a)
By mailing or otherwise delivering to each applicant who shall
meet the prescribed qualifications for duties of a police officer
a notice which shall include the date, time, place of the written
examination; and
(b)
By mailing or otherwise delivering to each applicant qualified
for medical examination a notice which shall include the name, address
and telephone number of the police surgeon. Each applicant shall be
responsible for scheduling an appointment for medical examinations
and appearing for and completing the medical examinations as the Commission
and Borough Secretary/Manager may require.
(2)
Each 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 notice to the examiner before he 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 where a police surgeon designated in the notice may fix another date and time for such examination; provided, however, that any such date or time shall be within the period fixed for medical examination as so directed by § 71-16B of this article.
A.
Medical requirements. Every applicant or candidate for appointment
to a position in the Police Department shall submit to a medical and
psychiatric examination and must meet the minimum medical requirements
established by the Commission.
B.
Scheduling medical examination. As the Commission and Borough Secretary-Manager
may require.
C.
Report of police surgeon or medical examiner. The statement of each
examination shall be submitted to the Commission.
D.
Rejection of medically unfit applicants. If the police surgeon or
medical examiners shall deem any applicant medically unfit for the
performance of the duties of a police officer because of any physical,
mental or psychological defect, whether or not the defect shall be
specifically stated as a cause for rejection in the statement of medical
requirements, such applicant shall be rejected and a brief statement
of the reasons for rejection shall be entered in the report of his
medical examination.
E.
Reexamination of medical fitness. Each applicant eligible for certification
to the Borough Council for appointment to any position in the Police
Department shall be instructed by the Secretary, before being certified,
to inform the Commission of any illness or injuries requiring the
attendance of a physician or requiring hospitalization and of any
surgical operations that shall have occurred after the original medical
examination. If in the judgment of the Commission there shall have
been any change in the medical and psychological fitness of any applicant,
whether or not such change shall have been reported by the applicant,
the Commission may require the applicant to submit to a further medical
and psychological examination before his name shall be certified for
appointment. Any such further medical examination shall be performed
at the expense of the Borough by a regularly appointed medical examiner.
F.
Appointment of medical examiners. The Commission shall, from time
to time, appoint one or more medical examiners required by this article.
A.
Entrance examinations.
(1)
The examination for the position of Police officer shall consist
of the following parts:
(a)
A physical agility examination administered on a pass-or-fail
basis, administered at the direction of the Civil Service Commission.
(b)
A written examination, which shall have been determined to fairly
test the aptitude of a candidate for the police service, administered
by a recognized testing agency.
(c)
Oral examination by a panel of examiners from a recognized testing
agency or the Collingdale Civil Service Commission.
(d)
Background investigation, including fingerprint check, employment
history, credit history check and criminal history check.
(e)
A psychological examination.
(f)
A polygraphic examination, if requested by the Commission.
(g)
A medical examination.
(2)
The written examination and oral examination shall be graded on a
scale of 100%. The acceptable passing grade on the written examination
shall be as determined by the testing authority or the Collingdale
Police Civil Service Commission. The acceptable passing grade on the
oral examination shall be 70%. All other examinations shall be based
on an acceptable or unacceptable rating. Applicants who receive an
unacceptable grade on any one of the above-listed examinations shall
not be placed on the eligibility list.
(3)
The final grade score to be used to determine an applicant's position
on the eligibility list shall consist of 40% of the oral examination
score and 60% of the written examination score. The names on the eligibility
list shall be arranged according to final grade score, so that the
application with the highest score shall be at the top of the list
and the applicant with the lowest passing score shall be at the bottom
of the list. In the event that two or more applicants receive a tie
score, the applicant who first filed a completed application shall
be higher on the list.
(4)
Final appointment shall be contingent upon the applicant passing
all physical and psychological examinations.
B.
Examination for promotions.
(1)
The examination for the position of Corporal and Sergeant shall consist
of three parts, namely:
(a)
A written examination which shall include: 1) a test of police
knowledge and performance; and 2) a test to measure knowledge of supervisory
and command responsibility, administered by a recognized testing agency
or the Civil Service Commission.
(b)
An evaluation of service ratings or performance records of the
candidate, prepared by the Chief of Police.
(c)
Oral examination by a panel of qualified examiners from a recognized
testing agency or the Police Civil Service Commission.
(d)
Where a recent physical examination has been given to all of
the eligible candidates, the Civil Service Commission may waive the
requirements of any further physical examinations.
(2)
The written examination, oral examination and evaluation of service
rating shall be graded on a scale of 100%. The acceptable passing
grade on the written examination shall be as determined by the testing
authority or Commission. The acceptable passing grade on the oral
examination shall be 70%. The acceptable passing grade on the evaluation
of service rating shall be 50%. The medical examination shall be based
on an acceptable or unacceptable rating. Candidates who fail any one
of the above-listed examinations shall not be eligible for promotion.
A candidate must have at least a score of 50% from the evaluation
of his service rating prior to the date of the written and oral examinations
in order to be eligible to take those examinations.
(3)
The final grade score to be used to determine position on the promotion
eligibility list shall consist of 60% of the written examination score,
30% of the oral examination score and 10% of the evaluation of service
rating score. The names on the promotional list shall be arranged
according to final grade score, so that the applicant with the highest
score shall be at the top of the list, and the applicant with the
lowest passing score shall be at the bottom of the list. In the event
that two or more candidates receive a tie score, that candidate with
the greatest seniority shall be higher on the list.
A.
Preparation of eligible list. Within 30 days after receipt by the
Commission of all examination results, the Secretary shall prepare
an eligible list, upon which shall appear the name of each applicant
or candidate who received a passing grade in the examination. The
names on the eligible list shall be arranged, from the highest to
the lowest, in the order of the final score received by each applicant.
The eligible list shall be filed in the office of the Borough Secretary-Manager
and a copy posted on the bulletin board in the Police Headquarters'
building.
B.
Breaking tie scores. When two or more qualified applicants shall
receive the same final score, the order in which the names of such
persons shall appear on the eligible list shall be determined by the
order in which the completed applications were received. That applicant
who first filed a completed application shall be higher on the list.
C.
Veterans' preference points. Pursuant to the Veterans' Preference
Act, any applicant for the position of patrol officer who qualifies
as a "soldier" under this Act, shall receive an additional 10 points
on top of his or her score if that applicant had received passing
scores in all other areas of testing and qualification.
D.
Life of eligible lists. The Borough Council, at its discretion, may
void the eligible list at any time, but in no case shall any eligible
list remain in effect for a period of more than two years from the
date of its certification.
(1)
If the Civil Service Commission receives a request from the Borough
Council or Borough Secretary to establish an eligibility list for
a period of two years, the Civil Service Commission may establish
an eligibility list for a period of two years.
E.
Furlough lists.
(1)
Whenever the Borough Council causes a reduction in the number of
police officers, then furloughing shall occur on a strict seniority
basis; that officer with the least seniority being the first to be
furloughed. In the event of furlough, the Commission shall prepare
and maintain a list of all furloughed officers, together with the
position held by each officer at the time of the furlough. The names
on the furlough list shall be arranged in order of strict seniority,
so that the officer with the greatest seniority is at the top of the
list and the officer with the least seniority is at the bottom of
the list. Seniority shall be determined by calculating the number
of days of service with the Collingdale Police Department. In the
event that two or more officers have identical seniority, their names
shall be arranged on the furlough list in accordance with the order
of their appointment as officers from the eligible list; that officer
who was appointed earlier being placed higher on the list.
(2)
The Chief of Police shall be exempt from the seniority provisions
pertaining to furlough lists and may not be furloughed unless or until
all other officers in the Department have been furloughed.
A.
Filling vacancies. When a vacancy is to be filled in the Police Department,
the Borough Council shall submit a written request to the Commission
for certification of eligibles. In making the request, the Borough
Council shall state the title of the position to be filled and the
compensation to be paid. The Commission shall initiate recruitment
procedures by arranging public advertisement of said vacancies within
30 days of the written request of the Borough Council.
B.
Furlough list to fill appointments. Upon receipt of a request from
the Borough Council, the Commission shall first certify the names
of those eligible who were furloughed because of a reduction in force.
In filling a vacancy from the furlough list, the Commission shall
certify from the top of the list that number of names equal to the
number of vacancies to be filled.
C.
Certification from eligible lists. If no furlough list exists or
if the total number of vacancies cannot be filled from the available
names on the furlough list, the Commission shall certify names from
the eligible list. The Commission shall certify for each existing
vacancy the name of the top three applicants on the eligible list.
If there are fewer than three applicants available on the eligible
list, the Borough Council may select from such lesser number of available
eligibles or may request that the Commission void the eligibility
list and hold another examination.
D.
Removal of names from furlough and eligible lists.
(1)
In addition to the other reasons stated as grounds for removal in
this article, the name of any person appearing on a furlough list
or an eligible list shall be removed by the Commission if such person:
(a)
Is appointed to a position in the Police Department of the Borough;
or
(b)
Declines an appointment to a permanent position in the Police
Department of the Borough; or
(c)
Fails to make written reply to the Commission within seven calendar
days from the date of receiving a notice of certification; or
(d)
Indicates availability for appointment and is appointed to fill
a vacancy but fails to report for duty at the time prescribed by Borough
Council; unless, in the opinion of the Board, such person can show
good and sufficient reasons for failing to report.
(2)
Nothing in this section, however, shall be construed as authorizing
the removal of the name of any person on any furlough list who accepts
a position of a lower rank than that for which he has qualified.
E.
Appointment procedures. Whenever the name of any person is certified
to the Borough Council from either the furlough list or the eligible
list, the person shall be immediately notified of his certification
by registered or certified mail. The notice shall include the title
of the position and the compensation to be paid and shall also state
that the person certified must make a written reply within seven days
from the date of receiving such registered mail.
F.
Probationary period.
(1)
All original appointments to any position in the Police Department
of the Borough shall be for a probationary period of one year. The
one-year probationary period shall not commence until after the officer
has completed training under Act 120.[1] The Chief of Police shall investigate the adjustment,
performance and general acceptability of each probationer under his
supervision to determine whether such probationer is fully qualified
for permanent appointment. The Chief of Police shall make a report
on the performance and conduct of each probationer before the next
regular meting of the Borough Council immediately preceding the end
of the probationary period. Each final probationary report shall include
the recommendation of the Chief of Police either to retain or to reject
the probationer. Each report shall be submitted, in writing, to the
Borough Council and the Civil Service Commission.
[1]
Editor's Note: Act
120, the Municipal Police Officers Education and Training Law, 53
P.S. § 740 et seq., was repealed by Act 177, 12-19-1996. See
now 53 Pa.C.S.A. §§ 2161 to 2164.
(2)
In the event that the person named to the position of Chief of Police
is a probationary appointment, the Borough Council shall designate
one person to evaluate the performance and conduct of the Chief in
the same manner and subject to the same procedures as that established
for all other positions in the Police Department of the Borough of
Collingdale.
A.
Grounds for disciplinary action.
(1)
No person appointed to a position in the Police Department pursuant
to this article may be suspended without pay or removed and no person
promoted in rank pursuant to this article 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; and
(f)
Engaging or participating in or conducting of any political
or election campaign other than the officer's exercise of his own
right of suffrage.
(2)
No officer shall be removed for religious, racial 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 adopted by the Mayor, Borough Council or Police Chief.
B.
Notice of suspension, removal or reduction of 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 Police Chief or Mayor or Borough Council. 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 these charges.
(2)
Within five days after the Police Chief, Mayor or Borough Council
has imposed 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 statement of charges
shall notify the officer of his appeal rights under this article.
A copy of the statement of charges shall also be served upon the members
of the Civil Service Commission.
C.
Procedures. No person in the police service shall be suspended, removed
or reduced in rank except in accordance with law. Whenever any police
officer in the Borough is suspended, removed or reduced in rank, the
specific charges shall be stated, in writing, by the appointing authority
or the Chief of Police or his designate. The charges shall be stated
clearly and in sufficient detail to enable the person accused to understand
the charges made against him and to answer them. Within five days
the statement of charges shall be filed in duplicate with the Commission,
and at the same time the original copy of the statement of charges
shall be delivered to the person accused either by personal service
or registered or certified mail.
D.
Demand for hearing. Any police officer suspended, removed or reduced
in rank may file with the Commission a written demand for a hearing
within 10 days after receipt of the statement of charges. Such person
may make written answers to any charges filed against him not later
than the date fixed for the hearing. The Commission shall grant a
hearing within 30 days of the receipt of hearing demand to any person
accused who complies with the provisions of this section. Each such
hearing shall be open to the public unless the person accused, when
making his written demand for a hearing, requests that such hearing
be closed.
E.
Notice of hearing. Notice of the date, time and place for each hearing
shall be given in the following manner:
(1)
By either personal service or registered or certified mail to each
person making charges and to the person accused; and
(2)
By mailing a notice to all other parties who have stated an interest
in the hearing; provided, however, that any failure to give the notice
required by this subsection shall not invalidate any action taken
by the Commission.
F.
Oaths. All testimony shall be taken under oath. The Chairman or,
in his absence, the Vice Chairman shall administer all oaths.
G.
Subpoenas. The Chairman or, in his absence, the Vice Chairman may
compel the attendance of witnesses and the production of records and
papers pertaining to any hearing. However, upon the written request
of the person accused or of any person making charges, the Chairman
or, in his absence, the Vice Chairman shall order the attendance of
any witness or the production of any pertinent document, provided
that such a written request is filed with the Secretary within five
days from the date appearing on the notice of the hearing. It shall
be the responsibility of the person requesting a subpoena to make
service of the subpoena.
H.
Hearing procedure. The following rules shall be followed by the Commission
in all hearings relating to the suspension, removal or reduction in
rank of police officers or any other hearing which the Commission
may be required to hold:
(1)
Evidence.
(a)
The rules of evidence in force in the Courts of Common Pleas
of the Commonwealth of Pennsylvania shall be the rules of evidence
followed by the Commission; provided, however, that the rules with
regard to hearsay evidence shall be relaxed and liberally construed.
(b)
All rulings on evidence shall be made by the Civil Service Commissioner
presiding at the hearing, subject to objection by other members of
the Commission. In the event of such objection, the Commission shall
adjourn, vote in private on the objection, and return with a public
ruling.
(2)
Parties.
(a)
Parties to hearings before the Commission shall be as follows:
[1]
Appellant. The party sought to be or ordered suspended, removed
or reduced in rank who has requested a hearing and his counsel.
[2]
Commission. The Civil Service Commission, individually or collectively,
shall have the right of a party in all hearings and may appear by
counsel.
[3]
Person making charges. The appointing authority or persons designated
by the appointing authority to act on its behalf and the same may
appear by counsel.
(b)
Rights of the parties.
[1]
All parties shall have the right to request that the Commission
issue subpoenas to compel the attendance of witnesses or other evidence.
[2]
All parties shall have the right to testify, examine witnesses
and cross-examine witnesses of other parties and to offer documentary
or other non-oral evidence.
[3]
The Civil Service Commission shall have the rights of a party
with regard to the calling of witnesses and the right to cross-examine
witnesses of the other parties.
(3)
Procedural rules. The hearing shall be conducted as follows:
(a)
The Chairman or, in his absence, the Vice Chairman shall call
the hearing to order, state the general purpose of the hearing and
make note of the parties present.
(b)
The suspension notice and charges therein and the answer thereto,
if any, shall be read into the record by the Secretary of the Commission.
(c)
All witnesses shall testify under oath, and the oath shall be
given by the presiding Commissioner.
(d)
The person making charges may make an opening statement.
(e)
The person making charges may present witnesses and evidence.
(f)
The appellant may move for dismissal of the suspension and charges
thereunder and may argue therefor.
(g)
The Commission shall rule on a motion to dismiss.
(h)
The appellant may make an opening statement.
(i)
The appellant may present his witnesses and evidence.
(k)
All parties shall have the right of cross-examination at the
conclusion of testimony on direct examination, redirect examination
and recross examination shall be permitted.
(m)
A stenographic record of all testimony taken at a hearing shall
be filed with, and preserved by, the Commission.
I.
Decision of the Commission. Within 30 days after the hearing, the
Commission shall issue its decision in the form of a written order
approved by at least two members of the Commission, unless this time
period is extended by mutual agreement of the parties. The written
order shall include all findings of fact. If during the public hearing
opposing facts are presented, the Commission shall include in its
written order its decision as to the correct facts. The findings and
decision of the Commission shall be certified to any person making
charges, to the accused officer, and to the Borough Council.
A.
Character and reputation reports. All reports of investigations and
inquiries into the character and reputation of applicants shall be
kept in the strictest confidence and shall not be open to inspection.
B.
Inspection of examination materials.
(1)
All examination materials shall be confidential and shall not be
open to general public inspection. Any examined applicant may inspect
his examination papers, provided that:
(a)
He makes a written request to the Commission within seven days
from the date of mailing of the written notice of his grade; and
(b)
He receives the written consent of the Commission to inspect
his examination papers; and
(c)
He makes his inspection within 10 calendar days from the date
of the mailing of the consent of the Commission.
(2)
The Commission shall not consent to the request of any examined applicant
to inspect any written examination paper which may be used in any
subsequent written examination that may be scheduled within 90 calendar
days following the date of receipt of the written request. If the
Commission consents to an inspection of the written examination papers
by any examined applicant, it shall state in this letter of consent
the specific examination papers that may be inspected. Before any
member of the Commission or any person designated by the Commission
permits any inspection of examination papers, he shall require the
examined applicant to produce the letter indicating the consent of
the Commission, and he shall limit the inspection by the examined
applicant to only those examination papers indicated in the letter
of consent. No examined applicant shall be permitted to inspect any
examination papers other than his own, nor shall he be permitted to
make any written notes while he is inspecting any examination papers.
[Added 9-5-2023 by Res. No. 2023-02]
Any person appointed to the position of Chief of Police shall serve a one-year probationary period during which the Chief may be dismissed only for cause for the reasons set forth in § 71-20. However, at the end of the one-year probationary period, if the performance of the Chief has not been satisfactory to the Borough Council, the Chief shall be notified, in writing, that the appointment will not be permanent. At that time, the Chief shall return to his previous rank if the Chief was promoted from within the Borough Police Department. Any officer who is not advised, in writing, 30 days prior to the one-year anniversary that their performance has been unsatisfactory shall receive a permanent appointment to the position. Any person notified, in writing, that their appointment will not be made permanent has no rights of appeal under these rules and regulations.
