[HISTORY: Adopted by the Council of the City
of Easton as Secs. 127.01 to 127.06 of the 1965 Codified Ordinances;
amended in its entirety 11-22-2016 by Ord. No. 5573. Subsequent amendments noted where
applicable.]
The City of Easton shall at all times staff and maintain a full-service
police department, identified as the "City of Easton Police Department,"
under the direct control of the Mayor and the direct supervision of
the City Administrator of the City of Easton. The Mayor shall have
the sole authority and responsibility to appoint the head of the department
identified as the Chief of Police, and any and all Deputy Chiefs of
Police, with the approval of Council, who shall be a police officer
and possess all certifications, education and training required as
such. The Chief of Police and Deputy Chiefs of Police shall be qualified
by education and experience as a law enforcement administrator.
A.
The Chief of Police shall be the commanding officer of the Police
Department and as such shall possess the same powers and may conduct
the same duties as other police officers employed by the City of Easton.
B.
All appointments of police officers shall be in accordance with the
civil service provisions of law and all other applicable laws.
C.
The organization of the Easton Police Department will be set by ordinance
to include the total number of officers to be employed and the organizational
rank structure under which the Department shall operate.
D.
The Chief of Police shall have the authority, as an administrative
prerogative, to hold vacant any open position or promotion for the
purposes of successfully managing the Department.
A.
New officers.
(1)
New hires shall be selected from a civil service list created under
the provision of the Civil Service Act[1] and governed by the City of Easton Civil Service Rules
and Regulations, as amended. Eligibility for new hires shall be defined
in the City of Easton Rules and Regulations (Article III, Section
302, General Qualifications Police Department) and any amendments
or revisions to said document.
[1]
Editor's Note: See 71 P.S. § 741.1 et seq.
(2)
Probationary period. All new appointees shall serve a probationary
period of one year from the receipt of the applicant's MPOETC
certification and, if his/her services prove satisfactory to the Chief
of Police, at the expiration of the probationary period such appointee
shall automatically be placed on a permanent status. If at any time
during the probationary period the officer's performance is deemed
not satisfactory, the Chief of Police may make recommendation for
termination of employment to the City Administrator and the Mayor.
Probationary appointees shall have no seniority rights during the
probationary period and may be disciplined, terminated or laid off
at any time at the sole discretion of the Chief of Police with approval
from the City Administrator and the Mayor. Nevertheless, the aforesaid
right to discipline or terminate shall be for just cause. The probationary
office shall have no rights to appeal the discipline or the termination
other than through civil service provisions.
B.
Sergeants.
(1)
Sergeants shall be promoted from a civil service list created under
the provisions of the Civil Service Act, the provisions set forth
in the Third Class City Code[2] and governed by the City of Easton Civil Service Rules
and Regulations. Eligibility for the position of Sergeant shall be
defined in the City of Easton Civil Service Rules and Regulations
(Article III, Section 311, Qualifications for Promotion) and any amendments
or revisions to said document. Upon the certification of a Sergeant's
list by the City of Easton Civil Service Board, the Chief of Police
shall make his/her recommendation to City Council as to the best candidate
for Sergeant from the top three candidates for approval.
[2]
Editor's Note: See 11 Pa.C.S.A. § 10101 et
seq.
(2)
Probationary period. Any applicant promoted to a Sergeant's
position shall serve a twelve-month probationary period. The probationary
period may be extended for an additional six months in the sole discretion
of the Chief of Police. If an officer promoted to Sergeant is involuntarily
demoted, he or she has a right to file a grievance in accordance with
the collective bargaining agreement between the City of Easton and
the Fraternal Order of Police, Washington Lodge No. 17.
C.
Acting Sergeants. There shall be created within the Easton Police
Department the position and title of Acting Sergeant. The Chief of
Police shall be authorized to appoint to the position of Acting Sergeant
any member of the police force in good standing temporarily and for
such length of time as may be rendered necessary by the needs of the
Department. Any officer specifically assigned to and performing the
duties of Acting Sergeant shall be compensated at Sergeant's
rate at the time of the assignment.
D.
Inspectors, Lieutenants, Captains.
(1)
Inspectors, Lieutenants, and Captains shall be promoted from a civil
service list created under the provisions of the Civil Service Act,
the provisions set forth in the Third Class City Code and governed
by the City of Easton Civil Service Rules and Regulations. Eligibility
for the position of Lieutenant shall be defined in the City of Easton
Civil Service Rules and Regulations (Article III, Section 311, Qualifications
for Promotion) and any amendments or revisions to said document. Upon
creation of the Inspector, Lieutenant, or Captain eligibility list,
the Board shall certify that list representing those names having
passed all phases of the examination process. This certified list
shall be valid until such time that the promotional position(s) that
was advertised and tested for has been completed and a promotion(s)
is awarded.
(2)
For purposes of appeal it should be noted that Inspectors, Lieutenants
and Captains are administrative positions in nature. If an officer
is promoted to Inspector, Lieutenant or Captain and is involuntarily
demoted, he or she has a right to file an appeal with the Civil Service
Board. Nevertheless, the aforesaid right to discipline or terminate
shall be for just cause. The probationary promoted officer shall have
no rights to appeal the discipline or termination other than through
civil service provisions.
(3)
Probationary period. Each newly promoted Inspector, Lieutenant and
Captain shall serve a probationary period of one year from their promotion
date, and if his/her services prove satisfactory to the Chief of Police,
at the expiration of the probationary period such promotion shall
automatically be placed on a permanent basis. If at any time during
the probationary period the Inspector, Lieutenant or Captain's
performance is not satisfactory, the Chief of Police may make recommendation
for demotion of rank back to the officer's previous rank to the
City Administrator and the Mayor with the approval of City Council.
A.
All sworn City of Easton Police Department officers shall be responsible
for the preservation of the public peace, prevention of crime, apprehension
of criminals, protection of the rights of persons and property, regulation
of traffic, and the enforcement of the laws of the Commonwealth of
Pennsylvania and the ordinances of the City of Easton. All sworn members
will also be responsible for obeying and upholding all rules and regulations
as set forth by the City of Easton Police Department and the rules
and regulations in accordance herewith. All sworn City of Easton Police
Department officers shall have all powers and duties that are vested
in such police officers by the laws of the Commonwealth of Pennsylvania
and the City of Easton ordinances.
B.
The Chief of Police, or his/her designee, shall be in direct command
of the police force and shall, subject to the approval of the Mayor,
make rules and regulations concerning the operation and management
of the Police Department and shall be responsible for all City of
Easton property in his or her custody. All sworn officers of the City
of Easton Police Department shall perform such duties and comply with
such rules and regulations as are prescribed by law.
C.
The City of Easton Police Department shall at all times operate as
an accredited agency through the Pennsylvania Law Enforcement Accreditation
Commission. As an accredited department, the Easton Police Department
shall maintain and operate under an accreditation-sanctioned policy
manual. The Chief of Police shall have the authority to authorize
changes to the Department rules and regulations, but at no time may
these rules and regulations waiver from the acceptable practices set
forth by the Accreditation Commission. The City of Easton Police Department
Policy Manual will be maintained by the Police Department. The City
of Easton Policy Manual will contain rules and regulations governing,
at minimum, but not limited to, the following topics:
(1)
Code of Conduct - G.O. 1-2.
(2)
Administrative Investigations (Citizen Complaint) - G.O. 2-5.
(3)
Fitness and Wellness - G.O. 2-7.
(4)
Special Duty Employment - G.O. 2-11.
(5)
Secondary Employment - G.O. 2-12.
(6)
Legal Process - G.O. 4-1.
(7)
Search and Seizure - G.O. 4-4.
(8)
Prisoner Transport - G.O. 4-5.
(9)
Evidence and Property - G.O. 4-6.
(10)
Police Canines - G.O. 4-8.
(11)
Unbiased Policing - G.O. 4-10.
(12)
Temporary Holding Cell and Cell Operations - G.O. 4-12.
(13)
Use of Force - G.O. 4-14.
(14)
Juvenile Procedures - G.O. 4-15.
(15)
Arrest Procedures - G.O. 4-22.
(16)
Special Response Unit - G.O. 4-24.
(17)
Police Response and Pursuit Procedures - G.O. 5-1.
(18)
Traffic Enforcement - G.O. 5-4.
All members of the City Police are hereby appointed as park
guards. Said park guards shall have in the parks and playgrounds and
other public places beyond the limits of the City of Easton the same
power in preserving the peace, maintaining order, and making arrests,
as policemen have within the City of Easton.
Members of the City of Easton Police Department shall be paid
compensation in accordance with the contract negotiated between the
City of Easton and the Fraternal Order of Police Washington Lodge
17. This compensation shall be reflected in the schedule of salaries
and wages as provided by the City ordinance now in effect or as hereafter
adopted.
A.
The accurate and unbiased investigation of complaints or allegations
against members of the Police Department is one of the basic requirements
of good law enforcement and effective public relations. Regardless
of its source, nature and apparent validity, each complaint must be
thoroughly investigated and the complainant made aware of the investigative
process.
B.
All citizen complaints will be conducted, recorded and tracked as
per Easton Police Policy, General Order 2-5, entitled Administrative
Investigations.[1]
[1]
Editor's Note: Former Art. II, Citizens' Complaint
Procedure, adopted 7-15-1987 by Ord. No. 2899 (Sec. 127.07 of the
1965 Codified Ordinances), which immediately followed this section,
was repealed 4-7-2009 by Ord. No. 5196.
