Borough of Larksville, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Larksville 10-17-2017 by Ord. No. 3-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 26.
Police Department — See Ch. 68.
A. 
This chapter shall be known as the "Civil Service Ordinance of the Borough of Larksville" and shall apply in all respects to the full-time employees of the Police and Fire Departments of the Borough of Larksville who have previously been appointed, or are hereafter appointed, as police officers or fire engineers (or similarly titled positions) by Larksville Borough Council.
B. 
This chapter shall also not apply to any police officer(s) or fire engineer(s) (or similarly titled positions) on a part-time, temporary or other basis who have not been hired under the civil service provisions of the Borough Code and are not entitled to civil service protection. Further, this chapter shall not apply to any police officer(s) or fire engineer(s) (or similarly titled positions) who are precluded from entitlement to civil service employee status by the Borough Code of the Commonwealth of Pennsylvania; nor shall it apply to special police appointed by the Mayor to act in emergencies, special school police, extra police serving from time to time or on an hourly or daily basis, or an auxiliary police officer appointed under the Act of January 14, 1952 (1951 P.L. 2016, No. 561), entitled, "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof,"[1] or to the members of any volunteer fire, ambulance, rescue or like or similar company or department and any of its employees.
[1]
Editor's Note: See 53 P.S. § 731 et seq.
C. 
This chapter shall further not apply in the event that Larksville Borough:
(1) 
Shall have a police force of less than three members;
(2) 
Shall have a police force of three or more members if those members in excess of two are appointed on a temporary basis through a federally funded program:
(3) 
Shall have a volunteer fire department or company that employs its own operators; or
(4) 
Shall have less than three salaried fire apparatus operators (or similarly titled positions).
D. 
This chapter is subject to the power of Larksville Borough Council to determine compensation.
A. 
An appointment to and promotion in the police force or as fire apparatus operator (or similarly titled positions) paid directly by the Borough of Larksville shall be made only according to qualifications and fitness; to be ascertained by examinations which shall be competitive and shall be administered under the authority and direction of the Borough's Civil Service Commission in accordance with the requirements of the Borough Code[1] and the rules adopted by Larksville Borough pursuant thereto.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
B. 
No person shall be suspended without pay, removed or reduced in rank as a paid employee in the Police Department or as a paid fire apparatus operator (or similarly titled position) of the Borough of Larksville, except for the following reasons:
(1) 
Physical or mental disability affecting the person's ability to continue in service, in which case the person shall receive an honorable discharge;
(2) 
Neglect or violation of any official duty;
(3) 
Violation of any law if the violation constitutes a misdemeanor or felony;
(4) 
Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming of an officer or fire apparatus operator (or similarly titled position);
(5) 
Intoxication while on duty;
(6) 
Engaging or participating in the conduct of a political or election campaign while on duty or in uniform or while using Borough property otherwise than to exercise the person's own right of suffrage;
(7) 
Engaging or participating in the conduct of a political or election campaign for an incompatible office as now provided in Section 1104(f) of the Borough Code (relating to incompatible offices),[2] or any subsequent amendment thereto.
[2]
Editor's Note: See 8 Pa.C.S.A. § 1104(f).
C. 
A person employed as a police officer or fire apparatus operator (or similarly titled position) shall not be removed for religious, racial or political reasons.
D. 
A written statement of charges made against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have 10 days from the date of receiving the notice to submit a written request for a hearing to the Civil Service Commission under the provisions now set forth in Borough Code Section 1191 (relating to hearings and dismissals),[3] or any subsequent amendment thereto and as shall be set forth in the civil service rules adopted by Larksville Borough pursuant thereto.
[3]
Editor's Note: See 8 Pa.C.S.A. § 1191.
E. 
Nothing in this chapter shall apply to retirement, nor shall anything in this chapter be construed to prevent Larksville Borough from adopting a compulsory retirement age for its employees or for any class of employees and from retiring all employees automatically when they reach that age.
A. 
A.=(A) There is hereby created a Larksville Borough Civil Service Commission (sometimes hereinafter referred to as the "Commission"). The Commission shall consist of three members, who shall be qualified electors of Larksville Borough and appointed by the Council initially to serve for the terms of two, four and six years. As the terms expire, the Commissioners shall be appointed for terms of six years.[1]
[1]
Note: As Larksville Borough presently has an appointed Civil Service Commission consisting of three members, the Borough's administrative offices shall examine the records to determine the dates of appointment and term expiration of each Commissioner and shall inquire of each such Commissioner whether he or she desires to continue to serve as Commissioner. The administrative offices shall inform Council of the result of its examination and inquiry and Council shall proceed to establish the Commission in conformity to the provisions of this section so that there shall be a six-year appointment as Commissioner made every two years. The inclusion of this note shall not be construed to be part of the legislative provisions of this chapter, but only as a description of the manner in which Larksville Borough Council intends to proceed in order to establish a Commission operating in accordance with the provisions of the Borough Code.
B. 
A vacancy occurring in the Commission for any reason shall be filled by the Council for the unexpired term within the period of 30 days after the vacancy occurs.
C. 
Alternate members.
(1) 
Council may appoint no more than three qualified electors of Larksville Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be six years.
(2) 
If seated under the provisions of this chapter relating to § 63-5, Organization of Commission, an alternate shall be entitled to participate in all proceedings and discussions of the Commission to the same and full extent as provided by law for Commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties specified in the Borough Code and as otherwise provided by law.
(3) 
An alternate member may not hold another office in the Borough.
(4) 
An alternate may participate in any proceeding or discussion of the Commission but may not vote as a member of the Commission unless designated as a voting member as set forth in the provisions of this chapter relating to § 63-5, Organization of Commission.
(5) 
Each member of the Commission, including alternate members, before entering on the duties of office, shall take an oath or affirmation of office under 53 Pa.C.S.A. § 1141.
(6) 
The civil service Commissioners, including alternate members, shall receive no compensation.
No Commissioner or alternate Commissioner shall at the same time hold an elective or appointed office under the federal government, this commonwealth or any political subdivision of the commonwealth, except that one member of the Commission may be a member of the Council and one may be a member of the teaching profession.
A. 
General. The Commission first appointed shall organize within 10 days of its appointment and shall elect one of its members as the Chair, and one as the Secretary. The Commission shall meet and organize on the first Monday of each even-numbered year. Each Commissioner and alternate Commissioner shall be notified in writing of each and every meeting.
B. 
Quorum. Three members of the Commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chair shall designate as many alternate members of the Commission to sit on the Commission as may be needed to provide a quorum.
C. 
Alternate members.
(1) 
An alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was originally designated until the Commission has made a final determination of the matter or case.
(2) 
Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.
D. 
Validity of Commission action. No action of the Commission may be valid unless it shall have the concurrence of at least two members.
Larksville Borough shall:
A. 
Furnish to the Commission, on its requisition, clerical assistance that may be necessary for the work of the Commission;
B. 
Provide a suitable and convenient room for the use of the Commission. The Commission shall order from the Borough the necessary stationery, postage, printing and supplies;
C. 
Provide the services of a solicitor for the Commission to be appointed by the Commission and paid for by the Borough. The Borough may place a reasonable limit on the amount allowed each year for the services of the Commission solicitor;
D. 
Through its elected and appointed officials, aid the Commission in all proper ways in carrying out the provisions of this chapter relating to civil service.
A. 
The Commission may prescribe, amend and enforce rules and regulations for carrying into effect this chapter and shall be governed by the rules and regulations. Before the effective date of the rules and regulations or amendments to them, they shall be first approved by Council. If the rules and regulations or amendments have been approved, they shall not be annulled, amended or added to without the approval of Council.
B. 
All rules and regulations and modifications shall be made available by the Borough for public distribution or inspection.
The Commission shall maintain minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the Commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the Commission, except as otherwise provided in § 63-22, Hearings on dismissals and reductions, shall be open to public inspection and subject to reasonable regulation.
The Commission may conduct investigations concerning all matters touching the administration and enforcement of this chapter and rules and regulations adopted under this chapter. The Chair of the Commission may administer oaths and affirmations in connection with the investigations.
A. 
General. The Commission may issue subpoenas over the signature of the Chair to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of witnesses 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.
B. 
Persons required to attend. All officers in public service and employees shall attend and testify if required to do so by the Commission.
C. 
Penalty for violation. If any person refuses or neglects to obey a subpoena issued by the Commission, the person shall, upon conviction, be sentenced to pay a fine not to exceed $100 and, in default of the payment of the fine and costs, shall be imprisoned for a term not to exceed 30 days.
D. 
Petition to court. If a person refuses or neglects to obey a subpoena issued by the Commission, the Commission may apply by petition to the court of common pleas of the county for its subpoena requiring the attendance of the person before the Commission or the court to testify and to produce any records or papers necessary, and, if the person defaults, the person shall be held in contempt of court.
The Commission shall make an annual report to the Council containing a brief summary of its work during the year which shall be available for public inspection.
A. 
Rules and regulations.
(1) 
The Commission shall make rules and regulations, to be approved by Larksville Borough Council, providing for the examination of applicants for positions in the police force and as paid fire apparatus operators (or similarly titled position) and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades.
(2) 
All examinations for positions or promotions 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.
(3) 
All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations.
(4) 
Each applicant for an original position shall:
(a) 
Be subject to the rules and regulations adopted by the Commission;
(b) 
Either before or after the written examination, submit to a physical fitness or agility examination that is job related and consistent with business necessity;
(c) 
If made a conditional offer of employment, be given a physical and psychological medical examination as provided in § 63-20, Physical and psychological medical examination;
(d) 
Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list of those to be certified to Council for appointment in accordance with § 63-15, Eligibility list and manner of filling appointments.
B. 
Promotions.
(1) 
An applicant for promotion shall be subject to the rules and regulations adopted by the Commission and to examination and selection in accordance with § 63-19, Promotions.
(2) 
A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for a promotion.
C. 
Public notice. Public notice of the time and place of every examination, together with the information as to the kind of position 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. 
Posting of eligibility list. The Commission shall post in its office the eligibility list containing the names and grades of those who have passed the examination.
A person who desires to apply for examination must file with the Commission an formal application in which the applicant shall provide, under oath or affirmation, the following information:
A. 
Full name and residence or post office address;
B. 
Citizenship and place and date or birth;
C. 
Condition of health and physical capacity for public service;
D. 
Business or employment and the applicant's residence for the past five years;
E. 
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.
A. 
General rule. The Commission may refuse to examine or, if examined, may refuse to certify after examination as eligible any applicant who:
(1) 
Is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied;
(2) 
Is physically unfit for the performance of the duties of the position to which the applicant seeks employment;
(3) 
Is illegally using a controlled substance, as defined in Section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802);
(4) 
Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct;
(5) 
Has been dismissed from public service for delinquency or misconduct or office; or
(6) 
Is affiliated with any group whose policies or activities are subversive to the form of government enumerated in the Constitutions and laws of the United States and this commonwealth.
B. 
Hearing requirements.
(1) 
If an applicant is aggrieved by the 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;
(2) 
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;
(3) 
The deliberations of the Commissions, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session;
(4) 
The Commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings);
(5) 
The decision of the Commission shall be final.
A. 
Ranking of candidates.
(1) 
At the completion of the testing process, including a physical agility and other examinations, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under § 63-20, Physical and psychological medical examination, the Commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list;
(2) 
The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on their scores on the examinations administered by the Commission and any points for which an applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' preference);
(3) 
The eligibility list will be valid for one year from the date the Commission formally adopts the eligibility list;
(4) 
Prior to expiration of the one-year period, the Commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the Commission at a duly authorized Commission meeting;
(5) 
In the absence of a lawful extension by the Commission under Subsection A(4), the list shall expire.
B. 
Procedure for filling positions: Except as provided in Subsection C, every original position or employment in the police force or as paid fire apparatus operators (or similarly titled positions), except that of Chief of Police or Chief of the Fire Department, or equivalent, shall be filled only in the following manner:
(1) 
The Council shall notify the Commission of any vacancy which is to be filled and shall request the certification of an eligibility list;
(2) 
The Commission shall certify for each existing vacancy from the eligibility list the names of the three persons or a lesser number, if there are not available, if three are not available, who have received the highest average;
(3) 
The Council shall make a conditional appointment from the three names certified, based solely on the merits and fitness and fitness of the candidates, unless Council makes objections to the Commission regarding one or more of the certified persons for any of the reasons stated in § 63-14, Rejection of applicant and hearing;
(4) 
If the objections are sustained by the Commission, as provided in § 63-14, Rejection of applicant and hearing, or the conditional appointee is determined to be unqualified in accordance with the procedures specified in 63-20, Physical and psychological medical examination, the Commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list;
(5) 
As each subsequent vacancy occurs in the same or another position, the same procedure shall be followed.
C. 
Vacancies in existing positions.
(1) 
Any vacancy in an existing position in the police force or as a paid fire apparatus operator (or similarly titled position) which occurs as a result of retirement, resignation, disability or death may be filled by Council by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with this section;
(2) 
No examination, other than a physical examination as directed by the Civil Service Commission, shall be required in any case of reappointment or reinstatement.
D. 
Vacancies in certain offices:
(1) 
In the case of a vacancy in the office of Chief of Police or Chief of the Fire Department, or equivalent official, the Council may nominate a person to the position;
(2) 
The Commission shall subject the nominated person to a noncompetitive examination, and, if the person is certified by the Commission as qualified, the person may then be appointed to the position and shall be subject to this chapter.
No person shall be eligible to apply for examination unless the person is at least 21 years of age at the date of application. An applicant need not be a resident of the Borough of Larksville; however, an applicant who receives appointment to a position must establish and thereafter maintain a bona fide primary residence within 20 air miles of any Larksville Borough boundary within 12 months from the date of his or her appointment.
A. 
General rule. An original appointment to a position in the police force or as a paid fire apparatus operator (or similarly titled position) shall be for a probationary period of one year, but during the probationary period, an appointee may be dismissed only for a cause specified in § 63-14, Rejection of applicant and hearing, or because of incapacity for duty due to the use of alcohol or drugs.
B. 
Notice denying permanent appointment.
(1) 
If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the Council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease;
(2) 
If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment;
(3) 
Finality of decision. The decision of Larksville Borough to suspend or discharge a probationer shall not be subject to the hearing provisions of § 63-22, Hearings on dismissals and reductions.
A. 
General rule. If there are urgent reasons for the filling of a vacancy in the police force and there are no names on the eligibility list for the appointment, the Council may nominate a person to the Commission for noncompetitive examination and, if the nominee shall be certified by the Commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy.
B. 
Competitive examination required.
(1) 
Within three weeks of the provisional appointment, the Commission shall hold a competitive examination and certify an eligibility list. A regular appointment shall then be made from the name or names submitted by the Commission;
(2) 
Nothing in this section shall be construed to prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergencies or as fire apparatus operators (or similarly titled positions) in emergency cases.
A. 
General rule. A promotion shall be based on merit to be ascertained by an examination to be prescribed by the Commission. All questions relative to a promotion shall be practical in nature and shall fairly test the merit and fitness of persons seeking promotion.
B. 
Notification of vacancy. Council shall notify the Commission of a vacancy in the police force or as a paid fire apparatus officer (or similarly titled position) in Larksville Borough which is to be filled by promotion and shall request the certification of an eligibility list.
C. 
Certification required.
(1) 
The Commission shall certify for each vacancy the names of three 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;
(2) 
If three names are not available, the Commission shall certify the names remaining on the eligibility list;
(3) 
The Council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless Council makes objections to the Commission regarding one or more of the persons so certified for any reason provided under § 63-14, Rejection of applicant and hearing;
(4) 
Increase in salary as promotion. The Council may determine in each instance whether an increase in salary constitutes a promotion.
A. 
Conditional offer of employment.
(1) 
An applicant selected from the eligibility list 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;
(2) 
Physical medical examinations shall be conducted under the direction of a physician or other qualified medical professional;
(3) 
Psychological medical examinations shall be conducted under the direction of a psychiatrist or psychologist.
B. 
Opinion to be rendered. The physician, other qualified medical professional, psychiatrist or psychologist must 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. 
Interactive discussion with conditional appointee. 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, the person designated by 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;
D. 
Written notice after interactive discussion. If, at the conclusion of the interactive discussion conducted under Subsection C, Council determines that the conditional appointee is not qualified, Council shall give written notice to the conditional appointee and the Commission;
E. 
Nothing in this section shall be construed to authorize physical or psychological medical examinations prior to conditional appointment;
F. 
Definitions. The following words and phrases, when used in this section, shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
MEDICAL EXAMINATION
An examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant for a position if it would prevent the applicant from performing, with or without reasonable accommodation, all of the essential functions of the position.
PHYSICIAN
The term shall have the meaning given to it under 1 Pa.C.S.A. § 1991 (relating to definitions).
QUALIFIED MEDICAL PROFESSIONAL
An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:
(1) 
As a physician assistant under the Act of December 20, 1985 (P.L. 457, No. 112), known as the "Medical Practice Act of 1985,"[1] or the Act of October 5, 1978 (P.L. 1109, No. 261), known as the "Osteopathic Medical Practice Act";[2] or
(2) 
As a certified registered nurse practitioner under the Act of May 22, 1951 (P.L. 317, No. 69), known as the "Professional Nursing Law."[3]
[1]
Editor's Note: See 63 P.S. Ch. 12.
[2]
Editor's Note: See 63 P.S. § 271.1 et seq.
[3]
Editor's Note: See 63 P.S. § 211 et seq.
A. 
General rule. No person employed in and police or fire force of any Borough may be suspended without pay, removed or reduced in rank except for the following reasons:
(1) 
Physical or mental disability affecting the person's ability to continue in service, in which case the person shall receive an honorable discharge from service;
(2) 
Neglect or violation of any official duty;
(3) 
Violation or any law if the violation constitutes a misdemeanor or felony;
(4) 
Inefficiency, neglect, intemperance, immorality, disobedience of orders or conduct unbecoming an officer;
(5) 
Intoxication while on duty;
(6) 
Engaging or participating in the conduct of a political or election campaign while on duty or in uniform or while using Borough property otherwise than to exercise the person's own right of suffrage;
(7) 
Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in the Section 1104(f) of the Borough Code (relating to appointments and incompatible offices).[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1104(f).
B. 
Restriction. A person employed by a police or fire force shall not be removed for religious, racial or political reasons.
C. 
Statement of charges. A written statement of charges against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have 10 days from receiving the notice to submit a written request for a hearing to the Civil Service Commission under § 63-22, Hearings on dismissals and reductions.
D. 
Furlough. If, for reasons of economy or other reasons, it shall be deemed necessary by Larksville Borough to reduce the number of paid employees of the police or fire force, the Borough shall furlough the person, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until the reduction shall have been accomplished. In the event the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in the service. This subsection as to reductions in force is not applicable to the Chief of Police.
A. 
Time of answer and hearing. A person suspended, removed or reduced in rank may make written answers to any charges filed against the person not later than the day scheduled for the hearing. The Commission shall grant the person a hearing that shall be held within a period of 10 days from the filing of written charges, unless continued by the Commission for cause at the request of the Council or the accused. The failure of the Commission to hold a hearing within 10 days from the filing of the written charges shall not result in the dismissal of the charges filed.
B. 
Conduct of hearing. At any hearing, the person against whom the charges are made may be present in person and by counsel. The Council may suspend the person, without pay, pending the determination of the charges against the person, but, in the event the Commission fails to uphold the charges, the person sought to be suspended, removed or reduced in rank shall be reinstated with full pay for the period during which the person was suspended, removed or reduced in rank, and no charges shall be officially recorded against the person's record. A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the Commission, which record shall be sealed and not be available for public inspection in the event the charges are dismissed.
C. 
Appeal. All parties shall have an immediate right of appeal to the court of common pleas of the county, and the case shall there be determined as the court deems proper. No order of suspension made by the Commission may be for a longer period than one year. The appeal shall be taken within 30 days from the date of entry by the Commission of its final order and shall be by petition. Upon the appeal being taken and docketed, the court of common pleas shall schedule a day for a hearing and shall proceed to hear the appeal on the original record and additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or revising the decision of the Commission shall be final, and the employee shall be suspended, discharged, reduced in rank or reinstated in accordance with the order of court.
D. 
Proceedings. The Council and the person sought to be suspended, removed or reduced in rank shall at all times have the right to employ counsel before the Commission and upon appeal to the court of common pleas. Unless the Council or the person sought to be suspended, removed or reduced in rank requests that the proceedings before the Commission be open to the public, the proceedings before the Commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the Commission before the civil service hearing commences. The deliberations of the Commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the Council or the person sought to be suspended, removed or reduced in rank. The Commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings).
All appointments in the police or fire forces of Larksville Borough, including the Chief of Police or equivalent official, prior to the creation of a Commission, shall continue to hold their positions and shall not be required to take any examination under the provisions of this chapter, except that which may be required for promotion. This section shall not be construed to apply to persons employed temporarily in emergency cases.
A. 
Information. 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 opinions or affiliations, and all disclosures of opinions or affiliations shall be ignored.
B. 
Prohibition. No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of 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.
A member of Council who, by vote, appoints any person to the police force or as a fire apparatus operator (or similarly titled position) contrary to the provisions of this chapter, or a member of Council or member of the Commission who willfully refuses to comply with or conform to the provisions of this chapter, commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding $100 or to imprisonment not exceeding 90 days, or both.
This chapter shall become effective immediately upon its due enactment, adoption and approval.