[HISTORY: Adopted by the Township Council of the Township
of Hampton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-24-1996 by Res. No. 581 (Ch. 1, Part 11, of the
1995 Code of Ordinances)]
Pursuant to 42 Pa.C.S.A. § 8902, effective January
17, 1996, a police officer shall, upon view, have the right to arrest
without a warrant, upon probable cause, when there is ongoing conduct
that imperils the personal security of any person or endangers public
or private property.
If a police officer of the Township of Hampton has probable
cause to believe that there is a violation of one of the four offenses
listed below, that the defendant's conduct is ongoing, that the
conduct constituting the crime is based upon the police officer's
view of the conduct, and if the conduct imperils the personal security
of any person or endangers public or private property, the officer
shall have the right to arrest a defendant without a warrant.
These guidelines shall only apply to the following summary offenses
pursuant to Title 18, Pa.C.S.A.:
Any officer making an arrest under these guidelines shall also
follow those procedures set forth in the Pennsylvania Rules of Criminal
Procedure and in particular, Rule 71, said rule currently providing
as follows:
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(a)
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When a defendant has been arrested without a warrant, the defendant
shall be either released from custody pursuant to paragraph (b) or
taken before the proper issuing authority under paragraph (c).
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(b)
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When a defendant has been arrested without a warrant, the arresting
officer may, when the officer deems it appropriate, promptly release
the defendant from custody when the following conditions have been
met:
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(1)
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The defendant is a resident of the commonwealth;
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(2)
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The defendant poses no threat of immediate physical harm to
any other person or to himself or herself;
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(3)
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The arresting officer has reasonable grounds to believe that
the defendant will appear as required; and
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(4)
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The defendant does not demand to be taken before an issuing
authority.
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A citation shall be issued to the defendant a the time of release
and thereafter the case shall proceed in accordance with Rules 55-59
as of the proceedings had been instituted by issuing a citation to
the defendant.
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(c)
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When the defendant has not been released from custody under
paragraph (b), the defendant shall be taken without unnecessary delay
before the issuing authority where a citation shall be filed against
the defendant. The defendant shall be given an immediate trial unless:
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(1)
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The commonwealth is not ready to proceed or the defendant requests
a postponement, and in either event the defendant shall be given the
opportunity to deposit collateral for appearance on the new date and
hour fixed for trial; or
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(2)
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The defendant's criminal record must be ascertained before
trial as specifically required by stature for purposes of grading
the offense charged, in which event the defendant shall be given the
opportunity to deposit collateral for appearance on the new date and
hour fixed for trial, which shall be after the issuing authority's
receipt of the required information.
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The Township recognizes that Rule 71 and § 8902 may
be amended from time to time. It is the intention of the Township
that the police officers follow the terms of the rule or statute that
is currently in effect as of the date of the arrest, whether or not
these guidelines have formally been amended to comply with any rule
or statute changes.
[Adopted 4-26-2017 by Ord. No. 795[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Rules
and Regulations, adopted 6-22-2016 by Ord. No. 783.
A.
CERTIFICATION
CHAIRMAN
ELIGIBLE
ELIGIBLE LIST
FULL-TIME POLICE OFFICER
FURLOUGH LIST
MANAGER
PART-TIME POLICE OFFICER
PROBATIONER
QUALIFIED CANDIDATE
REDUCTION IN RANK
REMOVAL
SUSPENSION
TOWNSHIP COUNCIL
Definitions. Unless otherwise expressly stated, the following words
and phrases, wherever used in these rules and regulations, shall be
construed to have the meaning indicated herein:
The approval by Township Council of the eligible list submitted
by the Chief of Police.
The President of the Council of the Township of Hampton.
A person whose name is recorded on a current eligible list
or furlough list.
The lists of names of persons who have passed all examinations
for a particular position in the Police Department which shall include
part-time police officers who may later be appointed to the position
of full-time police officer.
Those officers hired under the provisions of this article,
specifically as full-time police officers and not as part-time police
officers.
The list of persons who were laid off from positions in the
Police Department because of a reduction in the number of officers
in the Police Department.
The person so appointed in accordance with the Administrative
Code[1] being Ordinance No. 289 of the Township of Hampton.
Those officers hired under the provisions of this article,
specifically as part-time police and not as full-time police officers.
An officer in the Police Department who has been appointed
from an eligible list, but who has not yet completed his work test
period.
Any candidate for part-time police officer who appears in
the top three of the eligible list as certified by the Township Council.
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 of the Township of Hampton.
The temporary separation of a member of the Police Department
from his position, for cause.
The Councilpersons of the Township of Hampton.
B.
It should further be noted that the use of the words "his" or "her"
shall not restrict the designation of such person, and shall refer
to members of the opposite sex as well; the use of the masculine or
feminine in any particular instance shall include members of both
sexes, and is not intended to limit or restrict.
Council may, at its discretion, administer examinations for
the position of a part-time police officer.
A.
Application form. No person shall be admitted to an examination for
a position of part-time police officer in the Police Department of
the Township of Hampton until after he or she shall have filed, on
the official form prescribed by these regulations, a sworn application
giving such information as may be required. The official application
form, and all notations, references and statements appearing in it
are incorporated by reference into these rules and regulations and
shall be as much a part of these rules as if they were fully described
herein.
B.
Availability. Application forms shall be available to all interested
persons at the Police Department or online through the Township website.
C.
Age qualifications. Applicants for part-time police officer must
be over 21 years of age. Each applicant shall present satisfactory
evidence of his date of birth.
D.
General qualifications.
(1)
Each applicant for the examination for part-time police officer shall
also present satisfactory evidence of:
(a)
Graduation from an accredited high school;
(b)
A license to operate a motor vehicle in Pennsylvania;
(c)
Completion of the police academy training under the provisions
of the Act of June 18, 1974 P.L. 359, No. 120, 53 P.S. § 740
et seq.,[1] successfully graduated from the same and be certified
by the Municipal Police Officers Education and Training Commission
(hereinafter referred to as "MPOETC");
[1]
Editor's Note: 53 P.S. §§ 740 to 744 were
repealed by 1996, 12-19-1996, P.L. 1158, No. 177, § 2(a).
(d)
All of the standards or requirements set out in statutes of
the Commonwealth of Pennsylvania or regulations of other governmental
regulatory bodies or agencies which apply to or establish minimum
qualifications to be possessed by applicants for the position of part-time
police officer.
(2)
Township Council may from time to time by motion, resolution or amendment
to this article impose additional requirements, but the requirements
set forth herein shall be continued in full force and effect, the
same being minimum requirements.
(3)
Finally, in the event of a conflict between standards set out in
other statutes and regulations and the standards set out in this article,
the more rigid standards shall apply.
E.
Recording applications. The Chief of Police or his designee shall, within 10 days of receipt of the same, review each application upon receipt thereof for the purpose of determining that such application contains no errors or omissions or that the applicant has been disqualified by reference to the factors listed in Subsection H herein. Any application containing errors or omissions may be returned to the applicant for correction. If there are no errors or omissions, or after all errors or omissions have been corrected, or there are no reasons for disqualification as determined by the Chief of Police or his designees, the Chief of Police or his designees shall date, number and record in the order of receipt, all applications free of errors or omissions. An application, once recorded, shall not be returned to the applicant.
F.
Minimum number. The minimum number of applicants sitting for examination
shall be 20 unless a lesser number is authorized by Township Council.
G.
Penalty for false statement. The statements made by the applicant
in the official application(s) shall contain no falsification, omission
or concealment of material fact. Should investigation disclose any
willful misstatement, falsification or concealment with respect to
an application:
(1)
The application shall be invalid and the applicant shall be disqualified
from examination; or
(2)
If the applicant shall have been examined, the name of such applicant
shall be removed from the eligible list; or
(3)
If the applicant shall have been appointed, such willful misstatement,
falsification or concealment shall constitute grounds for dismissal
from the Police Department.
H.
Disqualification. In addition to the foregoing, the following list,
which is not intended to be all inclusive, shall be applicable. It
is not possible to enumerate all areas that will cause question regarding
the fitness of a candidate to be a part-time police officer. Each
case will be judged upon its own merit. Some background defects will
raise immediate question regarding the candidate's ability to
proceed, such as:
(1)
Misdemeanor arrest and/or conviction.
(2)
Arrest and conviction for any of the following types of crimes:
(a)
Any crime defined as an indictable offense in the Uniform Crime
Report.
(b)
Any crime defined as one which has a tendency to injuriously
affect the administration of justice by the introduction of a falsehood
or fraud. These shall include, but not be limited to:
(c)
Any crime that is defined as a sex offense or arson.
(d)
Any crime related to domestic violence.
(e)
Any offense as defined by MPOETC standards.
(3)
For the purpose of these rules a misdemeanor shall be any crime defined
by the Pennsylvania Crimes Code as a misdemeanor, or any crime punishable
by imprisonment in excess of 90 days.
(4)
Release from any civilian police department for an infraction that
would amount to a crime but was not prosecuted.
(5)
History of inability to meet debts or overextended credit.
(6)
History of heavy gambling loss.
(7)
Failure to provide support for minor children.
(8)
History of excessive use of drugs or alcohol, and a failure to undergo
rehabilitation.
(9)
History of association, unless through the criminal justice system,
with known criminals or "organized crime figures."
(10)
Any deliberate false statement on the personal history statement.
(11)
History of or evidence of unstable employment.
A.
Public notice. Public notice of examinations for part-time police
officer shall be given by publication in a newspaper of general circulation
in the Township of Hampton. The public notice shall be published at
least five weeks prior to an examination and a copy of the notice
shall be posted on the bulletin board in the Township of Hampton Municipal
Building. Additional public notice by publications, posting, or otherwise
may be given at any time at the discretion of the Manager.
B.
Notice of examination.
(1)
In addition to the public notice, the Chief of Police shall give
written notices to each qualified applicant as follows:
(a)
By mailing or otherwise delivering to each applicant who shall meet the prescribed qualifications for the duties of a part-time police officer as set forth in § 52-8 herein notices which shall include the dates, times, and places and duration of the physical agility, written and oral examinations.
(2)
Every 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 an 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 any examination in accordance with the instructions contained
in the written notice shall disqualify the applicant; an applicant
shall, in addition to presenting the notice to the examiner, present
some type of identification with a photograph of the applicant to
the examiner.
C.
Additional requirements. All applications must be submitted to the
Police Department, in person, during normal business hours (8:30 a.m.
until 4:30 p.m., Mondays through Fridays) along with the applicable
fee as determined by the Township and which shall not exceed the cost
of testing.
The Manager may designate any bona fide agency or service to
act as examiner for all written examinations.
A.
Examination for part-time police officer.
(1)
The examination for the position of part-time police officer shall
consist of the following parts, and shall be conducted in the following
order:
(a)
Physical agility test.
(b)
Written examination.
(c)
Background investigations: an investigation of the character
and reputation of the applicant, made by the Chief of Police or his
designee, in accordance with the standards established by the MPOETC
for background investigations.
(d)
Oral examination.
(2)
The foregoing steps must be completed or passed (if such steps have
standards for passing or failing) in sequence before proceeding to
the next examination steps, and no applicant shall take the next ensuing
test unless he shall have successfully completed or passed the previous
examination.
(3)
The written examination shall be constructed to test the candidate's
ability to perform the duties of a police officer. The exact design
of the examination may be altered from time to time, but will generally
contain questions that will examine the candidates':
(4)
The background investigation shall only be completed on those persons
who achieve a score placing said individual in the top 20 of all candidate
scores on the written examination. If said background investigation
disqualifies any candidate, then the next candidate in line, based
on the scores on the written examination, shall move into the top
20.
(5)
The oral examination shall only be administered to those persons
who achieve a score placing such candidate in the top 20 of all candidates'
scores on the written examination and after background investigation;
in the event that less than 20 candidates are tested, then that number
of candidates shall be eligible for the oral examinations. Those persons
failing to achieve such a top-twenty score on the written examination
and after background check shall be notified that they will no longer
be considered for the position of part-time police officer with the
Township of Hampton. The written examination shall receive a weighted
rating of 50% of the total score; the oral examination shall receive
a weighted rating of 50% of the total score. The sum of the weighted
score shall not exceed 100%.
(6)
The written examination shall be administered by such testing agency
as the Township Council may from time to time designate. The oral
examination shall be administered by the Township Manager, the Chief
of Police, and the head (Superintendent or Chief) of another community
Police Department situate with the County of Allegheny who shall be
chosen by the Township Manager and the Chief of Police. However, at
the discretion of the Township Manager and Chief of Police, Sergeants
within the Hampton Township Police Department may be used in place
of the Chief or Superintendent of another department. All applicants
who shall successfully pass each of the parts of the examination for
part-time police officer shall be notified in writing that said applicant's
name has been placed on the eligible list of the Township, and of
the applicant's standing on said list.
B.
Penalty for improper conduct. Should any applicant be found guilty
of any act tending to defeat the proper conduct or the result of any
examination, his name shall be removed from any eligible list resulting
from the examination and the applicant shall not be permitted to make
any future application for any position in the Police Department.
A.
Preparation of eligible lists. As soon as possible, after completion
of each examination for part-time police officers, the Chief of Police
shall prepare an eligible list on which shall appear the name of each
applicant who received a passing grade in the examination for part-time
police officer. The names on the eligible list shall be arranged,
from the highest to the lowest, in the order of the final weighted
score received by each such applicant. The eligible list shall be
filed in the office of Department of Police, and a copy posted on
the bulletin board in the Township Municipal Building.
B.
Breaking tie scores; part-time police officer. When two or more qualifying
applicants shall receive the same final weighted score, the order
in which the names of such persons shall appear on the eligible list
shall be determined by their success on the oral part of the examination.
In the event that two or more qualifying applicants also received
identical scores on the oral part of the examination, the order of
listing shall be determined by the earliest of the applicants'
date of application.
C.
Life of eligible lists. The Council, at its discretion, may void
an eligible list at any time. A certified eligible list shall remain
in effect for a maximum of two years from the certified date. Council
may, at its discretion, extend the life of an eligible list that contains
at least three names for a period not to exceed one additional year
from the normal expiration date.
D.
Furlough list. Whenever the Council causes a reduction in the number
of nonprobationary police officers, the Manager shall prepare and
maintain a list of names of such furloughed officers, together with
the position held by each such officer at the time of furlough. The
names on the furlough list shall be arranged from the greatest to
the least, in the order of the length of service of each furloughed
officer in the Police Department of the Township. Part-time police
officers shall be the first to be furloughed.
E.
Eligible lists. Following the review of police officers' qualification
and testing for the position of part-time police officer, the Chief
of Police of the Township of Hampton shall submit the results of the
scoring of such candidates to the Manager of the Township, showing
the testing results of all of the applicants for police officer in
the Township of Hampton.
A.
Filling vacancies. When a vacancy is to be filled in the Police Department
for a part-time police officer, the Chief of Police shall submit a
written request to the Council for certification of eligibles. In
making the request, the Chief of Police shall state the title of the
position to be filled.
B.
Furlough list to fill vacancies. Upon receipt of a request from the
Council, the Chief shall first certify the names of those eligibles
who were furloughed because of a reduction in force. In filling a
vacancy from the furlough list, the Manager shall certify the top
name only.
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 Council shall certify names from the
eligible list. If there are less than three available on the eligible
list, the Council may select from such lesser number of available
eligibles, or may request another examination. The Chief of Police
shall keep the eligible list current and may request the top three
candidates from the eligible list to submit to a follow-up oral interview
with the Chief of Police, or the Chief's designee, prior to submission
of the eligible list to Council.
D.
Removal of names from furlough and eligible lists. In addition to
the reasons stated as grounds for removal in these rules, the name
of any person appearing on the furlough list or an eligible list shall
be removed by the Council if such person:
(1)
Is rehired or appointed to a position in the Police Department of
the Township;
(2)
Declines appointment to a permanent position in the Police Department;
(3)
Fails to make written reply to the Township within 10 calendar days
from the date of mailing of a notice of certification; or
(4)
Indicates availability for appointment and is appointed to fill a
vacancy but fails to report for duty at the time prescribed by the
Council, unless, in the opinion of the Council, such person can show
good and sufficient reasons for failing to report.
E.
Appointment procedures. Upon receipt of the furlough list referenced in Subsection B, Council shall appoint the certified individual, subject to Subsection D. If no furlough list in accordance with Subsection B is forwarded to Council, Council shall receive the eligible list referenced in Subsection C and shall appoint an individual who is a qualified candidate on the eligible list, subject to Subsection D, except that if one of the three qualified candidates on the eligible list is a veteran, as defined by Pennsylvania law and the Act of August 1, 1975, P.L. 233, No. 92, SI, as amended, 51 Pa. C.S.A. § 7104, then that veteran shall be entitled to the preference set forth in that Act, 51 Pa. C.S.A. § 7104(a). Prior to receiving the eligible list herein, the Chief may give a recommendation to Council as to who of the qualified candidates to appoint, but Council shall, under no circumstances, be bound by such recommendation. Whenever the name of any person is selected by the Council from either the furlough list or eligible list to be offered a position, the person shall be immediately notified of his appointment by certified mail. The notice shall include the title of position and the compensation to be paid. Should the applicant decline the appointment, he shall submit a written reply within 10 days from the date of notification of his intention to withdraw his name from the list.
F.
Probationary period. All original appointments to the position of
full-time police officer and for promotions to Sergeant shall be for
a probationary period of one year. Appointments to the position of
the office of the Chief of Police shall be subject to a probationary
period of six months. 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 promotion and/or hiring. The Chief of Police shall make
an annual report on the performance and conduct of each probationer.
This report shall be included as part of the Council's monthly
report and shall be provided to the Manager as well. Each final probationary
report shall include the recommendation of the Chief of Police either
to retain or reject the probationer. Each report shall be submitted
in writing to the Council and the Manager. In the case of the Chief
of Police, the Manager of the Township shall assume the same duties
relating to the probation, that is, the Chief of Police, as is set
out for other probationers heretofore, and with the further provision
that the Manager shall submit his report in writing to the Council.
Within five calendar days after the regular meeting of the Council
immediately preceding the end of the probationary period, the Council
shall notify the Manager, in writing, of its decision to retain or
reject the probationer. The Manager, in turn, shall notify the probationer
of the decision of the Council on or before the date of the close
of his probationary period. The failure of the Chief of Police or
Manager to make or file any written report contemplated hereunder
shall not affect the validity of Council's ultimate determination
regarding probationary status including, but not limited to, retention
or rejection.
G.
Certification and appointment of part-time police officers. Any person appointed, pursuant to the foregoing procedures, by the Council from the eligible list shall first be employed and appointed as a part-time police officer and shall be entitled only to those benefits established and set out in Subsection H hereafter. Each such part-time police officer shall be employed for no more than 32 hours in any given week, shall be employed only while in attendance at various Township functions, special events and other occurrences which take full-time police officers from regularly prescribed duties, and may be employed as substitutes for full-time police officers where there is a lack of available full-time police officer personnel because of vacations, holidays, court appearances and/or other activities, and as directed by the Chief of Police. Such part-time police officers shall sign an acknowledgment on a form prepared by the Township, wherein such police officers shall state that he or she understands that the appointment is as a part-time police officer and that such police officer shall not be entitled to or expect any benefits payable to full-time police officers, and that the officers are not employed under or covered by the provisions of the Police Tenure Act.[1]
[1]
Editor's Note: See 53 P.S. § 811 et seq.
H.
Part-time police officers' benefits and compensation. Any candidate
for the position of part-time police officer who may be appointed
under the provisions set forth above shall be entitled to only such
compensation, benefits and conditions of employment as are set forth
herein and as may be established by the Council, from time to time,
by resolution duly adopted at a regular meeting of the Council.
(1)
Vacations.
(a)
The length of a part-time police officer's vacation shall
be determined by the length of service to the Township. The following
chart is a general policy for all regular part-time officers with
regard to vacation qualification:
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Length of Service
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Vacation
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If at least 1 year + 1 day of service
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3 days vacation
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If at least 5 years + 1 day of service
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5 days vacation
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If at least 10 years + 1 day of service
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10 days vacation
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(b)
The amount of remuneration to be paid for each day's vacation
shall be calculated from the average number of hours worked per day
over the prior six-month period. Therefore, if a part-time police
officer who averages four hours' work per day for six months
preceding his vacation, each vacation day would then be worth four
hours multiplied by his hourly rate.
(2)
Holidays. Part-time police officers shall be paid holidays by the
Township. The following are recognized as holidays:
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New Year's Day
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Veteran's Day
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Good Friday
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Thanksgiving Day
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Memorial Day
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Day after Thanksgiving
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Independence Day
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Christmas Day
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Labor Day
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Day after Christmas
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(3)
Sick leave. Each part-time police officer shall be eligible for two
sick leave days per year. The payment of sick leave shall be calculated
in the same manner as calculated for vacation and holidays.
(4)
Part-time police officers shall not be eligible for any pension benefits
under provisions of Act 600, or of any pension plan adopted heretofore
or hereafter by the Township of Hampton, unless such benefits shall
be specifically conferred upon the part-time police officers.
(5)
A part-time police officer may be removed by the Township at any
time, and part-time police officers shall serve at the pleasure of
the Council.
(6)
All part-time police officers employed by the Township of Hampton,
while in uniform and officially on duty, shall be and are hereby authorized
and empowered to make arrests in accordance with the provisions of
the Penal Code of the Commonwealth of Pennsylvania, as set out in
Title 18 of Purdon's Statutes, and in accordance with the Criminal
Procedure Rules of the Commonwealth of Pennsylvania (the Rules of
Criminal Procedure), and such officers shall be authorized and empowered
to enforce the provisions of all the statutes and ordinances of the
Commonwealth of Pennsylvania and the ordinances of the Township of
Hampton, including motor vehicle offenses, and any and all other enforcement
statutes, unless such statute specifically requires special power
of appointment.
(7)
Part-time police officers will be supplied with uniforms and such
other equipment and gear as are presently afforded to full-time police
officers of the Township of Hampton. Part-time police officers shall
be required to complete all in-service training requirements as specified
by the Municipal Police Officers Education and Training Commission
or any additional training as required by the Chief of Police.
(8)
From time to time the Council of the Township of Hampton may, by
resolution, adopt other regulations relating to the wages, may establish
rates for court hearings before the minor judiciary, or in the Court
of Common Pleas, and other benefits as the same may be adopted from
time to time. The current pay scale established by Council at the
time of adoption of this article shall not be affected hereby and
part-time police officers shall continue to be paid a minimum of two
hours' pay for court hearings before the minor judiciary, if
such appearances occur during the off-duty hours of such officer,
and a minimum of four hours' pay for appearances before the Court
of Common Pleas, if such appearances occur during the off-duty hours
of such officer, unless otherwise altered by action of the Council.
In the process of appointment to full-time police officer, only
candidates who have been appointed under the process set forth herein
for part-time police officers shall be eligible at such time or times
as the Council of the Township shall determine. Appointments from
part-time police officer to full-time police officer shall be based
solely upon the Chief of Police recommendation and if the candidate
is in good standing with the Police Department.
A.
Medical requirements.
(1)
Any applicant who successfully passes all examinations and meets
all other requirements for appointment, and who, as a result thereof,
shall be conditionally selected as the successful candidate or candidates
for probationary appointment to the Police Department at a regular
meeting of the Council of the Township of Hampton, or a meeting held
for these purposes, shall immediately be required to submit to a medical/physical
and psychological examination as required herein to ensure the candidate
can perform the job duties of the part-time police officer. In the
event that the candidate fails to successfully meet the medical/physical
and psychological standards and examinations required, then the candidate
shall be notified and such candidate's name removed from the
eligible list, and the appointment shall be rescinded. In such case,
an additional name or names shall then be certified to the Council
from the eligible list by the Township, and the process shall be repeated
until a candidate shall successfully meet all requirements.
(2)
For purposes of establishing the standards for medical/physical and
psychological evaluations contemplated hereunder, the Township incorporates
by reference, as though fully set forth at length herein, the MPOETC
standards of evaluation for medical/physical and psychological examination
now in effect and as may be amended from time to time, or their equivalents
as deemed appropriate by Council. The candidate, by signing his application
for appointment to the Police Department of the Township of Hampton,
agrees to undergo the medical/physical and psychological examinations
set forth therein, or as the same may be amended from time to time,
and the candidate shall be expected to undergo such examinations in
accordance with the provisions of this article.
B.
Scheduling medical examinations.
(1)
For purposes of completing the exam referred in Subsection A, the Township shall appoint a medical examiner responsible for administering the tests required herein. The appointed medical examiner shall notify the Manager of the Township of Hampton as quickly as possible, but no later than 15 days following the examination of the applicant, which notification shall advise the Manager if the candidate has successfully passed or not passed the medical/physical and psychological examinations as set forth and current MPOETC standards.
(2)
If the medical examiner shall deem any applicant medically/physically
or psychologically unfit for the performance of the duties of a part-time
police officer because of any bodily or mental 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. Insofar as practicable,
however, the medical examiner shall determine the medical/physical
and psychological fitness of an applicant by adhering to the standards
adopted herein by reference.
A.
Promotions: examinations for Sergeant.
(1)
The examination for the position of Sergeant shall consist of the
following parts:
(a)
Written examination.
(b)
Essay of applicant's qualifications.
(c)
Performance rating: If the applicant has had, at any time during
his or her employment with the Township, any type of disciplinary
action including, but not limited to, any written reprimand or suspension,
the oral examiner scorer may deduct up to 3% of the oral examination
score.
(d)
Oral examination.
(2)
Each part of the written examination, essay and the oral examination
shall be graded on the scale of 100% and shall be weighted as follows:
(a)
Written examination: a total of 50%.
(b)
Essay of applicant's qualifications: Applicant shall submit
a limited essay of his qualifications (supervisory, goals, accomplishments,
additional training and community service) for a maximum of 10%. This
shall be provided as part of the written examination.
(c)
Oral examination: The oral examination shall be conducted in
the same manner as that for appointment for position of police officer
with the Township. The weighted score shall be 40%.
(3)
As a prerequisite of any promotion to the position of Sergeant, only
current Township of Hampton police officers with at least five years
of service as full-time police officers in the Township of Hampton
will be eligible to take the aforesaid examination.
(4)
Sergeants. When two or more qualifying officers shall receive the
same final weighted score, the order in which the names of such persons
shall appear on the eligible list shall be determined by their success
on the part of the examination assigned the greatest weight. In the
event the two or more qualifying applicants also receive identical
scores on the part of the examination assigned the greatest weight,
the order of listing shall be determined by the officers' scores
on the next weighted portion of the exam.
B.
Notice of applicant's grade. When the grading of each examiner
is completed the Manager shall give each applicant written notice
of his total grade.
The Police Tenure Act, Public Law 586 of 1951, Act No. 144,
as amended,[1] governs the procedures for suspensions, removals and reductions
in rank, as well as appointments to the Police Department of the Township
of Hampton. In addition, these subjects have been and may in the future
be addressed by the applicable Township personnel code(s) and collective
bargaining agreement(s). With respect to suspensions, removals and
reductions in rank, the following rules and regulations apply:
A.
Whenever any full-time police officer in the Township is suspended,
removed, or reduced in rank, the specific charges warranting each
such action shall be stated in writing by a Councilperson or Councilpersons,
the Chief of Police and/or the Manager. 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. As soon as practicable,
the statement of charges shall be filed in duplicate with the Council
and within five calendar days of such filing, the original copy of
the statement of the charges shall be delivered to the person accused
either by personal service or by certified mail.
B.
Demand for hearing.
(1)
Any full-time police officer suspended, removed or reduced in rank
may file with the Council a written demand for a hearing. Such person
may make written answers to any charges filed against him not later
than the date for hearing as fixed by law. All such hearings shall
be open to the public.
(a)
The Council shall grant him a hearing which shall be held within
a period of 10 days from the filing of charges in writing, unless
continued by the Council for cause at the request of the Council or
the accused.
(b)
Should an officer with a hearing pending before the Council,
or awaiting a final disposition of such hearing, find it necessary
to communicate with a member or members of the Council regarding his
case, it shall be by letter addressed directly to all Council members,
and shall be considered a part of the proceedings.
(c)
Under no circumstances shall an officer make phone, mail or
personal contact with individual members of the Council for the purpose
of discussing his case, nor shall he cause any other persons to make
contact with individual members of the Council on his behalf.
(d)
Any violation of the rules governing contact with the individual
members of the Council for the purpose of discussing matters pertaining
to an officer's case may result in charges being filed against
the offender and shall be considered a violation of official duty,
and shall be a ground for immediate discharge.
(2)
If a violation by any officer is such that may result in termination
or suspension, it shall be the duty of the Township Manager to hold
a pretermination hearing prior to the hearing scheduled by the Council
for the purpose of affording the officer an opportunity to refute
the charges. The hearing need not be a full-scale hearing, nor should
witnesses, exhibits, etc., be introduced, but rather shall constitute
an opportunity for the police officer to state his position. The Manager,
if convinced that the position of the police officer is such as to
refute the charges, may dismiss such charges.
C.
Notice of hearing. Notice of the date, time and place for each hearing
before the Council shall be given in the following manner:
(1)
By either personal service or by certified or registered 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 Council.
D.
Oaths. All testimony shall be taken under oath. The Chairman, or
in his absence the Vice-Chairman, shall administer all oaths.
E.
Subpoenas. The Chairman of the Council, 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 Manager within five
calendar days from the date appearing on the notice of the hearing.
F.
Hearing procedures. Each hearing shall be conducted in the following
manner:
(1)
The Chairman shall state the general purpose of the hearing; and
next
(2)
The Manager, upon direction of the Chairman, shall read the written
charges against the person accused together with the record of action
taken against such officer; and next
(3)
The Manager shall read any written reply of the person accused; and
next
(4)
The Chairman shall afford each person making charges, or his counsel,
an opportunity to make any further statement in support of the charges
and to produce any witness; and next
(5)
The Chairman shall afford the person accused, or his counsel, an
opportunity to question or cross-examine any person making charges,
and to question or cross-examine any witness produced by such person
to call any witnesses on behalf of the accused; and next
(6)
The Chairman shall afford each person making charges an opportunity
to examine the person accused; and next
(7)
The Chairman shall afford the person accused, or his counsel, to
make summation; and next
(8)
The Chairman shall permit each person making charges, or his counsel,
to make a summation.
(9)
The Council at any time during the course of the hearing may question
or cross-examine any person making charges, the person accused, and
any witness.
G.
Decision of the Council. The deliberations of the Council for the
purpose of making a final disposition of the police hearing shall
be closed to the public and within 45 calendar days after the hearing
the Council shall issue its decision in the form of a written order
approved by at least three members of the Council. The written order
shall include all findings of fact. If, during the public hearing,
opposing facts are presented, the Council shall include in its written
order its decision as to the correct facts.
[1]
Editor's Note: See 53 P.S. § 811 et seq.
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 material.
(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 Manager within 15 calendar
days from the date of mailing of the written notice of his grade;
and
(b)
He receives the written consent of the Manager to inspect his
examination papers; and
(c)
He makes his inspection within 15 calendar days from the date
of the mailing of the consent of the Manager.
(2)
The Manager shall not consent to the request of an 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 the receipt of the written request. If
the Manager consents to an inspection of any of the written examination
papers by an examined applicant, it shall state in the letter of consent
the specific examination papers that may be inspected, if the records
are still available.
The Police Tenure Act, Public Law 586 of 1951, Act No. 144,
as amended,[1] shall govern the procedure for suspensions, removals and
reduction in rank, in the Police Department of the Township of Hampton.
Where a conflict may exist in the provisions of this article, and
that of the Police Tenure Act, the statute shall prevail.
[1]
Editor's Note: See 53 P.S. § 811 et seq.
