In seeking applicants for positions within its Police Department, the Borough of Lititz may advertise for applicants or may limit its search and advertising to applicants with Act 120 training, at the sole discretion of the Borough of Lititz.
A. 
The Commission shall make rules and regulations, to be approved as provided in § 7-12, providing for the examination of applicants for positions in the police force and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades. All examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations. Each applicant for an original position shall:
(1) 
Be subject to the regulations adopted by the Commission;
(2) 
Either before or after the written examination, be required to submit to a physical fitness or agility examination that is job-related and consistent with business necessity;
(3) 
If made a conditional offer of employment, be given a physical and psychological medical examination as provided in § 7-33; and
(4) 
Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to Borough Council for appointment.
B. 
Each applicant for promotion shall be subject to the regulations adopted by the Commission and to examination and selection in accordance with these rules and regulations. Physical fitness or agility examinations that are job-related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for promotions.
C. 
Public notice of the time and place of every examination, together with the information as to the kind of position or place to be filled, shall be given by publication once in a newspaper of general circulation, at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the Commission or other public place.
D. 
The Commission shall post in its office the eligibility list, containing the names and grades of those who have passed the examination.
A. 
Each person desiring to apply for examination shall file with the Commission a formal application in which the applicant shall state under oath or affirmation:
(1) 
His full name and residence or post office address;
(2) 
His citizenship, place and date of birth;
(3) 
His condition of health and physical capacity for public services;
(4) 
His business or employment and his residence for the past five years;
(5) 
In cases where the municipal governing body has advertised for applicants with Act 120 training, proof that such training has been satisfactorily completed;
(6) 
Other information as may be required by the Commission's rules and regulations, showing the applicant's qualifications for the position for which the applicant is being examined.
B. 
The applicant must make an oath or affirmation that the application is completely truthful, and the applicant is subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. The application shall be substantially in the same form as that attached hereto and incorporated herein as Exhibit A.
C. 
The application shall contain no falsification, omission or concealment of material fact. Should any investigation of the Commission disclose any willful misstatement, falsification or concealment with respect to an application:
(1) 
The application shall be invalid and the application applicant shall be disqualified from examination; or
(2) 
If the applicant shall have been examined and certified as eligible, the name of such applicant shall be removed from the eligibility list; or
(3) 
If the applicant shall have been appointed to a position within the Borough of Lititz Police Department, such willful misstatement, falsification or concealment shall constitute grounds for dismissal from the Borough of Lititz Police Department. Further, no person who shall make any willful false application shall be permitted to make future application for any position in the Police Department of the Borough of Lititz.
A. 
The Borough of Lititz is an equal opportunity employer. It is the Borough of Lititz'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 status, marital status or disability. The Borough of Lititz and the Commission will provide equal opportunities in employment and promotion.
B. 
No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall inquiry be made concerning the opinion or affiliations, and all disclosures of opinion or affiliation shall be ignored.
C. 
No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of the political or religious opinions or affiliations or race, and no offer or promise or reward, favor or benefit, directly or indirectly, shall be made to or received by any person for any act done or duty omitted or to be done under this chapter.
Applications for positions in the Police Department may be received only at the times designated by the Civil Service Commission when available positions in the Police Department exist. They can be obtained during normal business hours in the office of the Municipal Secretary and by such other offices and officers as the Commission may designate. The receipt of such applications shall be subject to the following conditions:
A. 
No application received after 12:00 noon on any day that is 14 calendar days prior to the date fixed for the written examination in the public announcement shall be considered for such examination; and
B. 
An application shall become invalid one year after the date upon which it was received.
All applicants for the position of police officer must be no less than 18 years of age before the deadline for submitting completed applications. Each applicant shall present satisfactory evidence of date of birth, if requested.
Every applicant for any position in the Borough of Lititz Police Department shall possess a diploma from an accredited high school or graduate equivalency diploma. In addition, every applicant must be a United States citizen, be of good moral character, be physically and mentally fit to perform the full duties of a police officer, and, prior to appointment, possess a valid motor vehicle operator's license issued by the Commonwealth of Pennsylvania.
A. 
Promotions shall be based on merit to be ascertained by examinations to be prescribed by the Commission. All questions relative to promotions shall be practical in character and will fairly test the merit and fitness of persons seeking promotion. The municipal governing body shall notify the Commission of a vacancy in the police force in the Borough which is to be filled by promotion and shall request the certification of an 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 two years preceding the date of the request for the eligibility list. If three names are not available, the Commission shall certify the names remaining on the eligibility list. The municipal governing body shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless the Council makes objections to the Commission regarding one or more of the persons so certified for any reason provided under § 7-24 of these rules and regulations. If the Commission sustains an objection, the provisions of § 7-26 shall be applicable. The municipal governing body shall have the power to determine in each instance whether an increase in salary shall constitute a promotion.
B. 
In addition to meeting the qualifications in § 7-23A above, all applicants for a promotional position (a promotion) shall not have been suspended without pay for more than five days in the three years prior to the deadline for submitting applications. Any suspension which the applicant has timely appealed pursuant to a contractual grievance procedure shall be disregarded unless the appeal is resolved prior to the creation of the eligibility list.
C. 
In addition to meeting the qualifications fixed for each applicant for a position in the Police Department, all applicants for the position of Sergeant and Lieutenant shall have been continuously employed in a municipal police service for at least five years on the date of application in the case of Sergeant and at least seven years for all other officers, and completed their one-year probationary period in the Borough Police Department.
The Commission may refuse to examine, or if examined, may refuse certify as eligible after examination, any applicant who is found to lack any of the minimum qualifications for examination prescribed in these rules and regulations for the particular position for which the applicant has applied. In addition, the Commission may refuse to examine, or if examined, may refuse to certify, any applicant who is physically unfit for the performance of the duties of the position applied for, or who is illegally using a controlled substance, as defined in Section 201 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802), or who has been 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 forms of government set forth in the Constitutions and laws of the United States of America and the Commonwealth of Pennsylvania.
Applications will be received by the Municipal Secretary, who shall be designated to receive such applications in the public advertisement. Applications may also be received by the Municipal Secretary's official designee. The Municipal Secretary, or the Municipal Secretary's official designee, shall record the receipt of all applications and provide the applicant with notice of the time and place for the first portion of the testing procedure, the written examination. Any application containing material errors or omissions may, at the discretion of the Commission, be returned to the applicant for correction prior to the deadline for filing applications, after which no new applications or amended applications will be accepted.
If any applicant or person is aggrieved by refusal of the Commission to certify the applicant as eligible after examination, or a person is aggrieved by refusal of the Commission to examine the person, the Commission shall, at the request of the applicant or person aggrieved, within 10 days, appoint a time and place for a public hearing. At the hearing, the applicant or person aggrieved may appear with or without counsel, and the Commission shall take testimony and review its refusal to provide examination or certification. 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.
The Commission shall conspicuously post in the Borough Municipal Building an announcement of the hiring or promotional 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, and the deadline for filing those applications. In addition, at least two weeks prior to the close of the application, publication of the notice shall occur in at least one newspaper of general circulation or a newspaper circulating generally in the Borough of Lititz.
A background investigation of the character and reputation of the applicant may be made by the Commission or its agent and may include *credit reports and reports of investigations from recognized agencies. *Credit reports are not sufficient to disqualify an applicant. If information from credit reports or criminal record investigations forms a part of the basis for disqualification of an applicant, the applicant will be so notified.