A.
Furloughed police officers shall be given first consideration for reemployment, prior to any other hiring procedure and shall be reinstated in order of their seniority as outlined in § 27-56 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 the top three names from the eligibility list.
(2)
If there are less than three names on the eligibility list, 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 qualifies as a "soldier"
under the Veteran's Preference Act, and subsequent case law,
that applicant shall be selected. If there are two or more applicants
that qualify as "soldiers," as defined above, on the "certified list
of three," the appointing authority shall have the discretion to appoint
the "soldier" it deems most qualified.
B.
The appointing authority may object to one or more of the persons certified for the reasons set forth in § 27-24 of these rules and regulations. If the candidate to whom the appointing authority objects or fails to timely exercise the rights of appeal under § 27-25 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."
A.
After the Borough 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 Council and shall render an
opinion as to whether the conditional appointee has a 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 Borough.
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" for performing
the duties of a 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 Borough official for disposition.
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 Borough 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 Borough determines
that the conditional appointee is not qualified, the Borough Council
shall give written notice to the conditional appointee and the Commission.
F.
The rejected candidate may appeal this decision under § 27-25 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."
A.
Every successful applicant for the position of police officer shall serve a twelve-month probationary period. For newly hired police officers, the probationary period will begin on the first day the new officer reports for work. During this probationary period, a newly hired police officer may only be dismissed for cause for the reasons set forth in § 27-24 of these rules and regulations or because of incapacity for duty due to the use of alcohol or drugs. In addition, a probationary police officer may be dismissed if the probationary police officer does not meet the requirements/expectations of the position and documentation is accurately noted.
B.
The Chief of Police shall submit a final probationary report not
less than 10 days nor more than 15 calendar days before the next regular
meeting of the Borough Council immediately preceding the end of the
probationary period. Each report shall be submitted in writing to
the Borough 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 Borough Council, the probationer
shall be notified in writing by the Borough Council that the appointment
will not be permanent. Following receipt of this notification by the
probationer, a newly hired police officer's employment shall
end. Any probationer who is notified in writing by the Borough Council
prior to completion of the twelve-month probation period that his
appointment will not be made permanent has no rights of appeal under
these rules and regulations.
C.
The Borough Manager shall notify the Commission, in writing, of its
decision to retain or remove the probationer within five calendar
days of such decision and in no event beyond the last day of the probationary
period.
D.
After the end of the twelve-month probationary period, if the probationer
is not notified in accordance with this section, a newly hired police
officer shall receive permanent status in his or her respective promotional
position.
The appointing authority of the Borough may fill a vacancy in
an existing position in the Police Department which occurs as a result
of retirement, resignation, disability or death by the reappointment
or reinstatement of a former employee of the Police Department who
had previously complied with the civil service rules and regulations.
The officer's reappointment is subject to any recertification
requirements prescribed by the MPOETC. In addition, the officer shall
successfully pass a physical agility test, background investigation,
and a psychological and medical examination.
Whenever there are urgent reasons for the filling of a vacancy
in any position in the Police Department and there are no names on
the eligibility list for such appointment, the Borough Council may
nominate a person to the Commission for a noncompetitive examination.
Such nominee may be certified by the Commission after the nominee
successfully passes such noncompetitive examination. However, prior
to being subject to a noncompetitive test, the provisional appointee
shall be subject to any recertification requirements prescribed by
the MPOETC. In addition, the officer shall successfully pass a physical
agility test, background investigation, and a psychological and medical
examination, as required by the MPOETC. He may then be appointed provisionally
to fill such vacancy. It shall thereupon become the duty of the Commission,
within 30 days, to begin the process for a competitive examination
and related tests, investigations and examinations as outlined in
these rules and regulations. An eligibility list will then be established
and a certified list of three names will be presented to the Borough
Council, from which a regular appointment shall be made. Nothing in
this section shall prevent the appointment, without examination, of
persons temporarily assigned the full duties of a police officer for
the Borough of Sewickley in cases of riots or other such emergencies.
